(1) Conviction of a violation of this article in the Municipal Court or any other court of competent jurisdiction.
(2) Determination of a violation of this article at a hearing held.
(3) Continually renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance of the Town.
(4) Continually permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this article.
(5) Maintaining the rental unit or units or the property in which the rental unit is a part in a dangerous condition likely to result in injury to person or property.
B. Procedure; written complaint; notice; hearing.
(1) Prior to a complaint being filed pursuant to the terms of this section, the Town's designated representative shall provide a written warning to the landlord that a revocation complaint shall be issued unless the issues forming the basis for same are addressed and corrected within 30 days of issuance of the warning notice.
(2) A complaint seeking the revocation or suspension of a license may be filed by any one or more of the following: Director of Public Safety, Chief of Police, Construction Code Official, Housing Inspector, the Zoning Enforcement Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the Town Clerk or designee. The complaint shall be specific and shall be sufficient to apprise the licensee of the charges, so as to permit the licensee to present a defense. The individual(s) filing the complaint may do so on the basis of information and belief and need not rely on personal information.
(3) Upon the filing of such written complaint, the Town Clerk or designee shall immediately inform the Town Council, and a date for a hearing shall be scheduled, which shall not be sooner than 10 nor more than 30 days thereafter. The Town Clerk or designee shall forward a copy of the complaint and a notice, as to the date of the hearing, to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.
(4) The hearing required by this section shall be held before the Town Council, unless, in its discretion, the Town Council determines that the matter should be heard by a Hearing Officer, who shall be appointed by the Town Council. If the matter is referred to a Hearing Officer, such officer shall transmit his findings of fact and conclusions of law to the Town Council within 30 days of the conclusion of the hearing. The Town Council shall then review the matter and may accept, reject or modify the recommendations of the Hearing Officer based on the record before such Hearing Officer. In the event that the matter is not referred to a Hearing Officer and is heard by the Town Council, then the Town Council shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered dismissing the complaint, revoking or suspending the license, or determining that the license shall not be renewed or reissued for one or more subsequent license years.
(5) A stenographic transcript shall be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be that which generally controls administrative hearings.
(6) The Town Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
C. Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental license by demonstrating that the owner has taken appropriate action and has made a good faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises, eviction of the tenant(s) or otherwise.