(A) Notification. Prior to suspension or revocation, the licensee (or his or her designated agent) and all occupants of units potentially subject to suspension or revocation shall be notified in writing pursuant to the terms of this chapter at least 20 days prior to a hearing on the matter.
(B) Hearing. A hearing shall be held before the Council or a hearing examiner appointed by the Council. The hearing shall be conducted to meet the licensee’s 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, revocation or other penalty. Every operating license issued under the provisions of this chapter is subject to suspension, revocation or such penalty as the City Council may determine for the entire rental dwelling or for individual rental dwelling units. A rental license may also be suspended or revoked for any of the following reasons:
(1) The license was procured by misrepresentation of material facts, by fraud, by deceit, or by bad faith;
(2) The applicant or one 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 create a serious danger to the public health, safety, or welfare.
(D) Effect of suspension or revocation. In the event a rental license is 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. The affected unit(s) shall have a rental inspection. The unit(s) will be considered a new rental and shall comply to all codes in effect at the date of the inspection.
(E) Failure to obtain 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 first class 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 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. 234, passed 12-1-2003; Am. Ord. 264, passed 11-21-2005; Am. Ord. 63, 4th Series, passed 1-5-2015) Penalty, see § 151.99