(A) A license may be suspended when violations of applicable city ordinances, state statutes and/or state regulations have been identified by the department and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct violations, but has failed to do so. A license may also be suspended when any information provided in the license application is determined by the code official to be false.
(B) When an inspection of a licensed rental residential property reveals any violations of applicable ordinances, a compliance time frame will be set by the code official using the standard as set forth in § 152.05(E). The Code Official shall send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. The notice shall include the following:
(1) Description of the rental residential property sufficient for identification;
(2) A statement listing the violations of applicable ordinances;
(3) A statement on the date upon which a re-inspection will occur; and
(4) An explanation that if upon completion of the re-inspection that the requirements of applicable city ordinances have not been met, that the license for the rental residential property will be suspended.
(C) A re-inspection will be conducted at the end of the compliance time frame. If the code official finds that the requirements of applicable city ordinances have not been met upon the completion of such re-inspection, the license for the rental residential property shall be suspended.
(D) When a license is suspended, the code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. The notice shall be sent by certified mail, return receipt requested, or personally served upon the property owner or the property agent listed on the most recent license application. The notice shall include the following:
(1) Description of the property sufficient for identification;
(2) A statement of the reasons for the suspension;
(3) An explanation of the property owner’s right to appeal the suspension;
(4) If the property owner changes his or her address or changes property agents and fails to notify the department, such notice shall be sufficient if sent by certified mail to the owner or his or her property agent’s last address provided on the last license application.
(E) A property owner whose license has been suspended may request a re-inspection prior to revocation. If, upon re-inspection, the department finds that the licensed rental residential property in connection with which the notice was issued is now in compliance with this chapter, the code official may reinstate the license. The request for a re-inspection shall not stay the revocation of the license unless the Code Official grants such request pursuant to a showing of good cause by the property owner.
(F) Any person whose license has been suspended shall be entitled to appeal the suspension by filing a petition as set forth in the Property Maintenance Code Ordinance of the City of LaSalle with the Appeals Board vested with the authority for considering any such petition. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal. A hearing shall be scheduled in accordance with the provisions of this code and the rules and regulations of the Appeals Board. The Appeals Board considering any such petition may immediately revoke the license, continue the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges and reinstate the license. The Appeals Board shall render a decision in accordance with the provisions of this chapter and its rules and regulations.
(G) A license may be revoked when a petition for appeal has not been filed within 20 days following the date of issuance of an order of suspension, or, if the suspension is sustained after appeal. A license may also be revoked when in the opinion of the Code Official emergency conditions exist in a rental residential property that require the immediate vacating of a structure as specified in the city’s property maintenance code.
(H) A license which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license as set forth in this chapter, including the payment of all applicable fees.
(I) If a license is revoked without having the opportunity of a suspension hearing, the property owner has the right to appeal that revocation. The appeal shall conform to division (F) of this section. Such an appeal shall operate as a stay of the revocation until such time as the Appeals Board renders a decision on the appeal.
(J) (1) Whenever a license is revoked, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. The notice shall be sent by certified mail, return receipt requested. The Code Official shall also notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants and occupants shall include the following:
(a) You are hereby notified that the license for this structure has been revoked pursuant to ordinance of the City of LaSalle.
(b) You must vacate this structure within 60 days of the date of this notice.
(c) If you fail to vacate this structure, you will be in violation of ordinance of the City of LaSalle and subject to penalties of fines with a minimum of $50 and a maximum of $500 for each day you are in violation.
(2) Any tenant of the rental residential property may appeal the revocation of the license. The appeal shall conform with division (F) of this section. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal.
(K) (1) Whenever an owner or property agent of a rental residential property fails to license the property with the department, the Code Official shall notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential property indicating the following:
(a) You are hereby notified that the owner or agent of this structure has failed to license this rental residential property with the department in violation of ordinance of the City of LaSalle.
(b) You must vacate this structure within 60 days of this notice.
(c) If you fail to vacate this structure, you will be subject to the penalties and fines with a minimum of $50 and a maximum of $500 for each day you are in violation.
(2) Any tenant of the rental residential property may appeal the code official’s order to vacate the structure because the owner has failed to license said property with the department. Said appeal shall conform with subsection F of this section. Such an appeal shall operate as a stay of the order to vacate the structure until such time as the appeals board renders a decision on the appeal.
(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012)