(A) License required. No person shall operate a multiple dwelling, rooming house, motel or hotel unless he or she holds a current, unrevoked operator’s license issued by the city in his or her name for the specific named dwelling, rooming house, motel or hotel.
(B) Application for license; fee. No operating license shall be issued or renewed unless the applicant, owner or operator has first made application therefor on an application form provided by the city. The city shall develop such forms and make them available to the public.
(C) Issuance of license. The city is hereby authorized, upon application therefor, to issue new operating license and renewals therefor, in the names of applicant owners or operators of multiple dwellings, rooming houses, motels or hotels. No such license shall be issued unless the multiple dwellings, rooming houses, motels or hotels, in connection with which the license is sought is found, after inspection by the Director of Building and Housing, to meet all applicable rules and regulations of this code pertaining to health and fire prevention and applicable rules and regulations adopted pursuant hereto and all laws of the state regarding hotels, motels and rooming houses.
(D) Residency. No operating license shall be issued or renewed for a non-resident applicant unless the applicant designates in writing to the city the name of a registered agent in the state and county, for the receipt of service of notice of violations of the provisions of this subchapter and for service of process pursuant to this subchapter, and no operating license shall be issued or renewed for non-resident applicant unless such applicant has first designated a registered agent in the state and county for the receipt of service of violations of the provisions of this subchapter, when said applicant is absent from the city for a period of 30 days or more. Such a designation shall be made in writing and shall accompany each application form. The applicant may designate any person who is a registered agent in the state and county.
(E) Term of use. Every operating license shall be issued for a period of one year after its date of issue, unless sooner revoked and may be renewed for successive periods not to exceed one year.
(F) Conditions of license.
(1) Transferability. No license shall be transferred to another person or owner or operator of a multiple dwelling or rooming house. Every person holding an operating license shall give notice in writing to the city within two working days after having transferred or otherwise disposed of the legal control of any licensed multiple dwelling or rooming house. Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such multiple dwelling or rooming house. The notice requirement shall be satisfied upon compliance with the provisions of this subchapter.
(2) Display of license. Each license shall be displayed on or within one foot of the mailbox of the multiple dwelling or rooming house.
(3) Record of repairs and changes. Every owner or operator of a licensed multiple dwelling, rooming house, motel or hotel shall keep or cause to be kept an accurate record of all repairs, alterations and equipment changes related to the provisions of this subchapter or to any rules and regulations pertaining hereto, and all corrections made as a result of inspections by the Director of Building and Housing. Such record shall be made available to the Director of Building and Housing by the owner or operator when requested. Every owner or operator subject to this section shall be notified that such records may be used in administrative or judicial proceedings pursuant to the provisions of this subchapter. The city, upon issuance of a license as requested in this section, advise the licensee of that necessity for such record and the manner in which such records shall be kept.
(G) Inspection; license revocations.
(1) Inspection authorized. No operating license shall be issued or renewed unless the applicant or owner or operating agent agrees in his or her application to an inspection pursuant to this subchapter, as the Director of Building and Housing may be required to determine whether the multiple dwelling or rooming house in connection with which such license is sought is in compliance with the applicable provisions of this subchapter and with applicable rules and regulations adopted pursuant hereto.
(2) Notice of violations. Whenever, upon inspection of the licensed multiple dwelling or rooming house or of the records required to be kept by division (F)(3) above, the Director of Building and Housing finds that the conditions or practices exist which are in violation of the provisions of this subchapter or any applicable rules and regulations adopted pursuant hereto, he or she shall serve the owners or operators with notice of such violations in the manner heretofore provided. Such notice shall state that unless the violations cited are corrected within a reasonable period, the operating licenses may be suspended.
(3) Reinspection; suspension of license. At the end of the time allowed for correction of any violations cited, the Director of Building and Housing or his or her designee shall reinspect the multiple dwelling or rooming house, and if he or she determines that such conditions have not been corrected, he or she may issue an order suspending the operating license.
(4) Appeals, revocation of license. Any person whose license to operate a multiple dwelling or rooming house has been suspended shall be entitled to a reconsideration of the order by an administrative hearing with the Building Commissioner. If no request for reconsideration is filed with the Building Department within ten days following the issuance of the order of suspension, the license shall be revoked; except that, prior to revocation any person whose license has been suspended may request re-inspection upon a showing that the violation or violations cited in the notice have been corrected.
(5) Specific violations resulting in license revocation.
(a) If the licensee is convicted by a court of a violation of any applicable ordinance of the city in connection with the licensed building, then the license shall be subject to revocation without further notice.
(b) In the event a condition of extreme hazard to health or safety is found to exist, the Director of Building and Housing may immediately revoke the license.
(c) Each day a building continues to operate after a license has been revoked shall constitute a separate violation of this chapter, subject to fine as provided in this subchapter.
(6) Reinstatement of license. If, upon re-inspection, the Director of Building and Housing finds that the multiple dwelling or rooming house in connection with which the notice of revocation was issued, is now in compliance with this subchapter and with applicable rules and regulations issued pursuant hereto, he or she shall reinstate the license.
(H) Penalties. Any licensee violating any of the provisions of this subchapter shall be subject to a fine and such other penalties as provided in this subchapter.
(Prior Code, § 151.36) (Ord. 06-O-1863, passed 5-7-2006)