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(A) No person or entity shall rent or offer for rent a dwelling unit unless the building is covered by a current, unrevoked Elsmere or Kenton County-wide business regulatory license (commonly called an "occupational license"), as provided herein and required by the Elsmere Code of Ordinances, and an Elsmere residential rental property license.
(B) The Elsmere residential rental property license is hereby created, and shall expire on June 1 of each year. No license shall be issued to any individual or entity if that person or entity owes any city taxes, fines, or fees.
(C) The City Clerk shall issue licenses and renewals in the names of applicant owners of residential rental property. No such license shall be issued unless the residential rental property/unit, in connection with which the license is sought, meets all requirements of this chapter and of applicable rules and regulations pursuant thereto.
(D) No license shall be issued or renewed unless the applicant owner has first made application therefor on an application form provided by the city. The form shall contain a blank for the owner to indicate the most convenient times for inspectors, worded substantially as follows: "The Elsmere Rental Unit Inspector, as defined by the ‘Residential Rental Property Ordinance,’ may enter the building to inspect the building at any reasonable time."
(E) No Elsmere rental property license shall be issued or renewed unless the completed application form is accompanied by payment of a license fee of $25 per unit. No business regulatory license applicable to a residential rental property venture shall be issued unless the entity or owner has taken steps to apply for an Elsmere rental property license.
(F) No license shall be issued or renewed for an applicant not residing in the Commonwealth of Kentucky, unless such applicant designates, in writing, to the City Clerk, the name and address of his or her agent within the Commonwealth of Kentucky.
(G) A license must be produced if requested by the inspector or other city official. No license shall be transferable to another person or to another residential rental property/unit. Every person holding a license shall give notice in writing to the licensing division within 24 hours after having transferred or otherwise disposed of the legal control of any licensed dwelling. Such notice shall include the name and address of the person succeeding to the ownership thereof.
(H) Whenever, upon inspection of the licensed dwelling, the inspector finds that conditions or practices exist which are in violation of the provisions of this chapter, he or she may serve the owner or his or her designee with notice of such violation in the manner hereinafter provided. Service shall be made by hand delivery to the owner or his or her agent or via first class U.S. Mail to the owner's or agent's last known address. Such notice shall state that unless the violations cited are corrected within a reasonable time, he/she/it may be subject to civil fines and/or the suspension or revocation of owner's business regulatory license and/or Elsmere rental property license.
(I) At the end of the time allowed for correction of any violations cited, the inspector shall re-inspect the dwelling and if he or she determines that conditions have not been corrected, he or she may issue an order assessing fines for non-compliance, and/or suspending the applicable Elsmere rental property license. The inspector shall notify the owner or his or her designee. The notice shall state that the owner or his or her designee may request a hearing in writing within seven days.
(J) Any person whose license to operate such residential rental property/unit has been suspended and who has been notified as provided herein shall be entitled to a hearing in the manner hereinafter provided by this chapter. No license shall be revoked while an application for a hearing is pending. If, upon re-inspection, the inspector finds that the dwelling in connection with which the notice was issued is now in compliance with this chapter, he or she shall reinstate the license indicate such by written order, and any hearing shall be automatically cancelled.
(Ord. 1751-2018, passed 4-10-18)