(A) Revocation, denial or non-renewal. The city may revoke, deny or decline to renew any license issued under this chapter for part or all of a rental dwelling upon any of the following grounds:
(1) Failure of a dwelling to conform to applicable statutory and code requirements;
(2) Failure by licensee to comply with any provision of this chapter, including § 155.04;
(3) Commission of a felony related to the licensed activity by the licensee or agent.
(4) The city will provide notice and a hearing prior to the revocation, denial or non-renewal of a license.
(B) Notice. At least five days before the hearing, the city shall provide written notice in person or by certified mail to an owner whose license is subject to revocation, denial or non-renewal. The notice shall specify:
(1) The time and place of the hearing;
(2) A statement of the charges;
(3) The facts supporting the grounds for the charges; and
(4) The applicant's right to be present and represented by counsel.
(C) Hearing.
(1) If the city makes a determination that it will be revoking, denying or not renewing a license, the City Council shall conduct a hearing on the matter.
The hearing shall be scheduled to occur at the next regular City Council meeting, subject to the notice time requirement set forth above.
(2) 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 City Council at the hearing.
(3) After the hearing is concluded, the City Council shall make its decision on whether to revoke, deny or not renew the license. The City Council shall provide written findings of fact, citations to any ordinances or regulations that have been violated, and a statement of action taken.
(D) No occupancy. If a license is revoked, denied or not renewed by the City Council, it shall be unlawful for the owner to thereafter permit the occupancy of the rental dwelling. A notice of the action shall be posted by the Fire Chief on the rental dwelling in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied that rental dwelling until a license is obtained by the owner.
(E) Appeal. An owner may appeal the decision of the City Council as allowed under state law.
(Ord. 746, passed 12-15-2015)