(a) Any person aggrieved by a decision of the Director with respect to denying the issuance or renewal of a permit, or revoking or suspending a permit, may appeal from such order to the Englewood Hotel/Motel License Appeals Board, which shall be comprised of same members as the Property Maintenance Hearing Board established in Section 1453.18 ("Board") of the Englewood Codified Ordinances. All appeals shall be perfected in the following manner:
(1) The appellant must file a written notice of appeal with the Board, on a form approved by the Board, within ten days after receipt by him/her of the decision from which he/she appeals. The notice of appeal must have the name of the appellant and the address to which a copy of the final decision should be delivered. Appeals should be addressed to the City of Property Maintenance Hearing Board, c/o Clerk of Council, 333 W. National Road, Englewood, Ohio 45322.
(2) The appellant must deposit with the Board a fee of two hundred fifty dollars ($250.00), which sum shall be nonrefundable. Otherwise, the deposit shall be forfeited and placed into the general fund of the City.
(3) Within five days after receipt by the Board of the notice of appeal, the Board shall cause a true copy of the notice of appeal to be docketed with the Chairperson of the Board.
(4) Within thirty days after receipt by the Board Chairperson of the notice of appeal the Chairperson shall cause a meeting of the Board to be convened for the purpose of reviewing the decision being appealed. The Board may, or may not at its discretion, request additional evidence to be presented. The appellant and his/her designated counsel if applicable will be provided with at least fourteen days' prior, written notice of the date, time, and location of the hearing, which notice shall be served personally, by posting on the hotel/motel premises, by nationally recognized overnight mail carrier, or by certified mail to the address indicated in the notice of appeal. At the hearing the appellant shall be provided the opportunity to be heard in his/her defense either in person or by counsel and is allowed to produce witnesses and testify on his/her own behalf. A stenographic record of the hearing may be taken upon request. The hearing may be adjourned from time to time. For purposes of this section, the Board may administer oaths, take testimony, subpoena witnesses, and compel the production of books, papers, records and documents deemed pertinent to the subject of the appeal. The Board may affirm, reverse, or revise the decision being appealed in a written order. The Board shall serve a copy of its order to the appellant personally, by posting on the hotel/motel premises, by nationally recognized overnight mail carrier, or by certified mail to the address indicated in the notice of appeal within ten days after the Board's hearing.
(5) A ruling by the Board may be appealed by the appellant to the Montgomery County Common Pleas Court. The appeal must be filed within thirty days of the date of the Board's order.
(b) An action to issue, deny, revoke, suspend or renew a permit may be stayed at the discretion of the Director should the affected party take specific steps to remediate problems outlined in the notice of denial, revocation and suspension that include but are not limited to some or all of the following actions as determined by the Director:
(1) Completion of approved safety and security training, and/or training to identify criminal activity such as human trafficking;
(2) Twenty-four-hour presence of special duty uniformed police or qualified security;
(3) Installation of safety and security measures such as fencing, lighting, public space surveillance, etc.;
(4) Voluntary sharing of guest information with law enforcement;
(5) Voluntary participation in right-of-entry programs with law enforcement agencies;
(6) Implementation of minimum age of twenty-one for check-in for lodging properties;
(7) Requirement of use of valid credit card at check in; and/or
(8) Additional remediation actions as approved by the Director.
(c) All potential remedies outlined in division (b) of this section must be approved by the Director.
(Ord. 16-01. Passed 1-26-16.)