(A) In addition to or in lieu of any other penalty or penalties as herein provided, any license issued pursuant to any provision of this code may be revoked by order of the city administrative hearing officer for a period not to exceed one year from the date of the hearing officers written order of revocation if, within a 24-month period, there have been two final determinations that the property in question is a chronic nuisance property.
(B) No such revocation shall be ordered unless all of the owner(s) of record of the property and property manager, if any, have been given no less than seven days' written notice of revocation hearing and an opportunity to appear and defend against the rental dwelling license revocation. Service of the notice of the license revocation hearing shall be by certified mail, return receipt requested, and shall be served upon the property owner and property manager, if any, at the addressees) listed on the rental dwelling license application.
(1) The notice of revocation shall provide the date, time, and location of the hearing and shall further set forth the reasons for license revocation.
(2) The administrative hearing procedures set forth in this code for administrative adjudication shall apply to all license revocation hearings.
(3) The case for the city shall be presented by the Chief of Police or his or her designee.
(4) In determining whether or not to revoke a license, the hearing officer shall consider the nature of the nuisance activities giving rise to the two or more determinations or findings of chronic nuisance property within the 24-month period as well as the proximity in time of the two or more chronic nuisance property determinations. The hearing officer shall also consider those factors set forth in divisions (B) and (C) of this section.
(5) Any order of license revocation shall include a finding that two or more final determinations of chronic nuisance property have been made or entered within a 24-month period and that it would be in the best interest of the city and its residents that the license for the property in question be revoked for a period as determined by the hearing officer.
(6) Any order of revocation shall further recite whether the rental dwelling license revocation is specific to the property in question or limited to the owner(s) of the property in question.
(7) In the event the property in question is a multi-unit rental dwelling property, any order of revocation, in the discretion of the city administrative hearing officer, shall be limited in scope as to apply only to the individual rental unit or person(s) in charge of or occupants of that unit forming the basis for the order of revocation.
(Ord. 18-32, passed 9-11-18; Am. Ord. 21-24, passed 8-24-21)