(1) Reason for action. The Council may revoke, suspend, deny or decline to renew any license issued under this chapter upon any of the following grounds:
(a) False statements on any application or other information or report required by this chapter to be given by the applicant or licensee;
(b) Failure to pay any application, penalty, re-inspection or reinstatement fee required by this chapter and resolution;
(c) Failure to correct deficiencies noted in notices of violation in the time specified in the notice;
(d) Failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses; and
(e) Any other violation of this chapter.
(2) Applicable sections. Revocation, suspension and non-renewal may be brought under either this section or § 1009.49(6), or both.
(3) Regular license. A regular license shall be revoked, if at midterm, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in § 1009.47.
(4) Written notice. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefore and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license.
(5) Action of City Council. The City Council shall give due regard to the frequency and seriousness of violations, the ease with which the violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. The City Council may suspend or revoke a license or not renew a license for part or all of a facility.
(6) Reinstatement of license. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for a period of time specified in the written decision of the City Council, not exceeding one year. The new applications must be accompanied by a reinstatement fee, as specified by ordinance, in addition to all other fees required by this chapter.
(7) No new rentals. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. Revocation, suspension or non-renewal of a license shall not excuse the owner from compliance with all terms of this chapter for as long as any units in the facility are occupied.
(8) Failure to comply. Failure to comply with all terms of this chapter during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of the revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non-renewal specified in the City Council's written decision or in division (6) above.
Cross-reference:
City fee schedule, see § 218.01