(A) Notification. Prior to denial, suspension or revocation, the licensee or his or her designated agent and all occupants of units potentially subject to denial, suspension or revocation, shall be notified in writing pursuant to the terms of this chapter. Any applicant whose license is denied, or any licensee whose license is suspended or revoked, shall be entitled to appeal and to a hearing on such appeal. Notice of the hearing shall be provided to all interested parties at least 20 days prior to a hearing.
(B) Hearing. A hearing shall be held before the City Council or a Hearing Examiner appointed by the City Council. The hearing shall be conducted to meet the licensee and occupant's due process rights, including:
(1) Allowing interested parties, or their attorneys, the right to present evidence, witnesses, and to cross-examine all adverse witnesses; and
(2) Making a complete record of all proceedings, including findings of fact and conclusions of law.
(C) Suspension or revocation. Every operating license issued under the provisions of this chapter is subject to suspension or revocation for the entire rental dwelling or for individual rental units, by the City Council, should the licensee fail to properly license and maintain the rental unit. A rental license may also be denied, suspended or revoked for any of the following reasons:
(1) The license and/or license application was procured by misrepresentation of material facts, by fraud, by deceit or by bad faith.
(2) The applicant or duly authorized agent acting on his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application.
(3) The activities of the licensee or the failure to adequately maintain the property to comply with health, safety, building codes and this chapter.
(D) Effect of denial, suspension or revocation. In the event a rental license is denied, suspended or revoked by the City Council, it shall be unlawful for the owner or his or her duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units, until such time as a valid rental license is restored to the affected units.
(E) Failure to obtain a license. If it is determined that a rental unit is being operated without a valid license, an immediate inspection shall be conducted. It shall be unlawful for an owner, designated agent, or operator, after notice has been sent certified mail, to continue operation of a rental dwelling unit without submitting an application for a license under this chapter, along with the necessary fee. Once an application for a license has been made, it shall be unlawful for the owner, or his or her duly authorized agent, to permit any new occupancies of vacant or thereafter vacated rental units until such time as the license is issued.
(Ord. 236, passed 7-2-2007)