(A) Upon a determination that a license or right to obtain the license may be suspended or revoked, or that a fine or other sanctions may be imposed, a public hearing shall be held before a body to be known as the Rental Housing Complaint Board. The Rental Housing Complaint Board shall consist of one City Council member, one member of the Police Department and one member who shall be a rental property owner. The members of the Rental Housing Complaint Board shall be appointed annually by the City Council. All parties shall be afforded an opportunity to appear at the hearing after receiving reasonable notice. The notice shall state the time, place and issues involved. At this hearing, rental property owners may present evidence of mitigating circumstances showing the absence of any need for a public hearing before the Council to consider the revocation or suspension of the license or right to receive a license, or the imposition of fines or other sanctions. The Board shall, in good faith, hear and consider this evidence in making a determination regarding whether or not to hold a public hearing. At the conclusion of the hearing, the Board shall make a recommendation to the Council regarding whether a need exists for a public hearing. The Board's recommendation must be submitted to the City Council for consideration. If the Council determines to call for a public hearing to consider the issue of suspension or revocation, or the imposition of a fine, the Council shall follow the procedures described in division (B) below.
(B) No suspension or revocation shall be effective until the rental property owner has been afforded an opportunity for a hearing under §§ 14.57 to 14.70 of the State Administrative Procedure Act. Should the City Council hold a public hearing pursuant to the recommendation of the Rental Housing Complaint Board, all parties shall be afforded an opportunity to appear at the hearing after receiving reasonable notice. The notice shall state the time, place and issues involved. At this hearing, license holders may present evidence of mitigating circumstances that would allow a rental property owner to retain his or her license or the right to obtain a license. The City Council shall, in good faith, hear and consider this evidence in making a determination to revoke or suspend the license or right to receive a license, impose civil penalties or impose other reasonable conditions based upon violations of this subchapter. The City Council may postpone or discontinue the proceedings if it appears that the licensee has taken appropriate measures that will prevent further instances of disorderly use.
(C) The City Council reserves the right to impose any of the following sanctions for violations of § 96.31(B):
(1) Suspend the license or right to receive a license for up to 60 days;
(2) Revoke the license or right to receive a license and establish the time period after which an application for a new certificate for the premises may be made;
(3) Impose a civil fine not to exceed an amount equal to one-month rent for each violation found as a result of the hearings; and
(4) Impose other reasonable conditions intended to limit future incidents of disorderly use (including but not limited to requiring the property owner(s) and manager(s) to attend at least one phase 1 session for crime free multi-housing.
(D) Upon expiration of the suspension or revocation period, a license holder shall pay to the city a reinstatement fee equal in an amount to be determined by City Council for the first unit re-licensed and a fee in an amount to be determined by City Council for each additional unit. These fees may be adjusted periodically by resolution of the City Council.
(Prior Code, § 28-15) (Ord. 800, passed - -)