A. Determination: Disqualifications concerning code violations shall be determined by accessing the records of the city's various code enforcement officers or through available court records. It shall be presumed that a disqualification exists if a civil penalty has been imposed for failing to correct a violation within the time frame required under any notice of violation or notice and order.
B. Requirements Involving Criminal Activity And Tenant Screening:
1. Whenever OPD, acting through the community policing division, identifies a potential disqualification for a landlord's failure to comply with the program requirements described in subsections 1745-4A2 through A5 of this policy, the potential disqualification shall be submitted to the management services director for a final determination.
2. In reviewing the potential disqualification, the management services director may:
a. Request additional information from or follow up by the community policing division;
b. Obtain the advice and/or recommendation of the city attorney's office; and
c. Consult with representatives of the Northern Utah Association Of Landlords, or other similar association, regarding customary practices and constraints that may exist in program compliance.
C. Timing Of Disqualifications; Disallowance Of Discounts:
1. Program requirements shall be met during the entirety of the licensing term.
2. If it is determined that a landlord or a rental property is no longer qualified under the program, the business license coordinator shall notify the landlord and proceed to collect the amount of the disallowed discount pursuant to the provisions of section 5-1A-15 of the Ogden municipal code.
3. Any disqualifications involving the failure to maintain a rental dwelling in compliance with Ogden City codes (subsection 1745-4B of this policy), will result only in the disallowance of the discount pertaining to the rental dwelling where the code violation(s) occurred.
4. Except for a first time violation involving a single rental dwelling, any disqualifications involving the failure to follow the overall landlord requirements described in subsection 1745-4A of this policy, will result in the disallowance of the discount applicable to all rental dwellings owned and licensed by the landlord during the applicable licensing year. In the event a landlord is identified as having failed to follow one or more of the requirements described in subsection 1745-4A of this policy with respect to a single rental dwelling, and the landlord has no prior history of such violations, the disallowance of the discount will pertain only to the address and/or apartment complex where the violation(s) occurred.
5. After disqualification, the landlord or rental dwelling may only qualify for the program in the next licensing year only if the landlord has corrected the problems leading to the disqualification and paid all amounts disallowed in the prior year, together with any other outstanding fees owed the city. (Eff. 9-22-2016)