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(A) Compliance order. Whenever the Chief Building Official determines that the condition of any rental dwelling or the premises surrounding it fails to meet the provisions of this subchapter, other applicable city code provisions, or the International Property Maintenance Code, he or she may issue a compliance order setting forth the specific violations and ordering the owner to correct the violations.
(B) License action. If the violations listed in the compliance order are not remedied by the owner within the specified time given in the order, the license for the rental dwelling may be denied, suspended, revoked, or not renewed by the city. An administrative fine in an amount set forth from time to time by the City Council by resolution may also be imposed. If the city decides that it will be denying, suspending, revoking, or not renewing a license or imposing an administrative fine pursuant to this section, the city shall send a notice of the proposed action to the owner of the rental dwelling. The proposed action by the city shall be heard by the Council pursuant to the procedure set forth in § 112.10.
(C) Appeal.
(1) When it is alleged by the owner that the compliance order is based upon the erroneous interpretation of this subchapter, other applicable city code provisions, or the International Property Maintenance Code, the owner may appeal the compliance order to the City Council.
(2) The appeal shall be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution of the City Council, from time to time, and must be filed with the city within five business days after service of the compliance order. The appeal shall be heard by the Council pursuant to the procedure set forth in § 112.10.
(3) The filing of the appeal shall stay all proceedings in furtherance of the action appealed from, unless a stay would cause imminent peril to life, health, or property.
(Prior Code, § 3-16-9)
(A) Scheduling of hearing. If the city makes a determination that it will be denying, suspending, revoking, or not renewing a license pursuant to §§ 112.08 or 112.09, or if the owner is appealing the compliance order pursuant to § 112.09, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular Council meeting following the date of the notice or receipt of the owner’s notice of appeal of a compliance order.
(B) Hearing. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents, and other evidence submitted. The owner shall have the opportunity to address the Council at the hearing.
(C) Findings. After the hearing is concluded, the City Council shall make its decision on whether to uphold the compliance order or to revoke, suspend, deny, or not renew the license or impose an administrative fine.
(D) No occupancy. If a license is revoked, suspended, denied, or not renewed by the City Council, it shall be unlawful for the owner to thereafter permit the occupancy of the rental dwelling or the unit. A notice of the action shall be posted by the Building Official on the rental dwelling or the unit in order to prevent any further occupancy. No person shall reside in, occupy, or cause to be occupied that rental dwelling or unit until a license is obtained or reinstated by the owner.
(E) Appeal. An owner may appeal the decision of the City Council as allowed under state law.
(Prior Code, § 3-16-10) Penalty, see § 112.99
Failure by an owner to comply with a compliance order after the right of appeal has expired or violation of any of the provisions of this subchapter shall constitute a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense.
(Prior Code, § 3-16-11) (Ord. 464, passed 7-23-2007)
MOBILE FOOD UNITS
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