(A) Whenever the Community Development Director finds that conditions or practices exist which are in violation of this subchapter, the Community Development Director shall serve the owner or landlord with written notice of any violation. The notice will state that unless each violation is corrected within five days, or a longer time as may be determined by the Community Development Director, except for emergency situations, the certificate of registration may be suspended.
(B) At the end of the time, the Community Development Director has allowed for correction of any violation cited, the Community Development Director, will reinspect the multi-family dwelling structure and, if he or she determines that any violation has not been corrected, he or she may issue an order suspending the certificate. The order will take effect five days following service upon the landlord or owner unless, in the interim, the landlord or owner requests, in writing, a hearing.
(C) (1) Any person whose certificate of registration for a multi-family dwelling is subject to a suspension order is entitled to a hearing on the suspension action by filing with the City Clerk a written petition for a hearing before the Building Inspection Review Board within two business days following the receipt of the suspension order. Upon receipt of a request, a hearing will be scheduled not more than ten business days thereafter. Upon completion of the hearing, the Board may either:
(a) Confirm the suspension;
(b) Delay the suspension and allow additional compliance time; or
(c) Rescind the suspension.
(2) All final decisions of the Building Review Board will be made in writing and specify the reasons for its decision. A copy of the final decision will be delivered to the owner or landlord and placed on file with the Community Development Director.
(D) If no petition for reconsideration of a suspension order is filed as provided herein, the suspension order will remain in effect until the violation in question has been corrected, as determined by the Community Development Director upon inspection of the multi-family dwelling structure or individual dwelling unit.
(E) If a certificate of registration is suspended, and the suspension is affirmed after hearing:
(1) No existing rental agreement can be renewed and no new rental agreement can be entered into with respect to any rental unit located within the structure; and
(2) The city may seek enforcement of its order in the circuit court in law or in equity.
(F) Any appeal from a final decision of the Building Review Board will be heard at a regular meeting of the City Council. All appeals from a decision of the Building Review Board must be made in writing to the Community Development Director within 15 business days after a final decision of the Building Review Board. The Community Development Director will schedule the date of an appeal hearing in front of the City Council not more than 30 days after the filing of an appeal. At the appeal hearing, the City Council may:
(1) Confirm the suspension;
(2) Delay the suspension and allow additional compliance time; or
(3) Rescind the suspension.
(Ord. 2008-02-160O, passed 3-25-2008)