A. The city reserves the right not to register a unit unless the rental unit or units for which registration is sought complies with the requirements of this chapter.
B. Any registration issued under this chapter is subject to the right, which is hereby expressly reserved by the city, to suspend, revoke or fail to renew the same should the registration holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain the rental dwellings contrary to the provisions of this chapter, other than section 9-7-12 of this chapter, or any other ordinance of the city or any special permit issued by the city, or the laws of the state. Provided, however, registration shall not be suspended, revoked or failed to be renewed if the registration holder complies with a compliance order or orders in a timely manner.
C. The city manager or his/her designee, shall notify, in writing, the applicant that his/her registration has been denied, or the registration holder that his/her registration is being suspended, removed or nonrenewed. The suspension, revocation or nonrenewal shall occur thirty five (35) days after the date of the order, or at such later date as set out in the order. The notice shall be served by mailing a copy of the order to the property owner, and the designated local property manager, if any, as indicated in the records on file in the housing division of the fire department of the city.
D. The registration holder, or designated local manager, shall have the right to request a hearing before the city council by filing a written appeal from the order at the office of the city clerk within fifteen (15) days of the date of the order. The timely filing of the written appeal shall stay the enforcement of the order until the appeals process is completed.
E. The registration holder shall receive at least seven (7) days' written notice of the hearing date before the council and, at the hearing, the registration holder, the local managing agent, or an attorney representing the registration holder may present evidence. After the hearing, the council may uphold the decision of the city manager, or his/her designee, reverse the decision of the city manager, or his/her designee, or enter a different order with different conditions if the city council deems it necessary to protect the public health, sanitation, safety or general welfare of the community at large or the residents of rental units in the city. The city council shall issue written findings of fact and its order within twenty (20) days of the hearing.
F. The decision of the city council may be appealed by the registration holder by filing an appeal or an appropriate writ with the Clay County district court within fifteen (15) days of the date of the order of the city council.
G. A reinstatement fee will be charged to the owner of a rental property the rental registration of which has been revoked. Before issuing a registration certificate any code violations or deficiencies must be corrected prior to inspection and any outstanding fees must be paid in full. (Ord. 2014-18, 9-8-2014)