(A) Upon a determination that a license or right to obtain a license may be suspended or revoked, or that a fine or other sanctions may be imposed, a public hearing shall be held before a body to be known as the “Rental Housing Complaint Board”. The Rental Housing Complaint Board shall consist of a Council member from the ward in which the licensed premises are located, the City Administrator and the Mayor. The rental property owner shall be afforded an opportunity to appear at such hearing after receiving reasonable written notice in the manner provided in § 115.08 of this chapter. The notice shall state the time, place and issues involved. At this hearing, the rental property owners may present evidence of mitigating circumstances showing the absence of any need for a public hearing before Council to consider the revocation or suspension of the license or right to receive such a license, or the imposition of a fine or other sanctions. The Board shall in good faith hear and consider this evidence in making a determination to hold a public hearing. The recommendation of the Board shall be submitted to the City Council for its consideration. If the Council determines to call for a public hearing to consider the issue of suspension or revocation, or imposition of a fine, the Council shall follow the procedures described in division (B) below.
(B) No suspension or revocation shall be effective until the rental property owner has been afforded an opportunity for a hearing before the City Council. Should the City Council hold a public hearing pursuant to the recommendation of the Rental Housing Complaint Board, all parties shall be afforded an opportunity to appear at such a hearing after receiving reasonable notice in the manner provided in § 115.08 of this chapter. The notice shall state the time, place and issues involved. At this hearing, license holders may present evidence of the mitigating circumstances that would allow rental property owners to retain the license or right to obtain such a license. The Council shall in good faith hear and consider this evidence in making a determination to revoke or suspend the license or right to receive a license, impose civil penalties or impose other reasonable conditions based upon violations of this section. The City Council may postpone or discontinue such proceedings if it appears that the licensee has taken appropriate measures that will prevent further instances of disorderly use.
(C) The City Council reserves the right to impose any of the following sanctions for violations of this subchapter:
(1) Suspend the license or right to receive a license for up to 60 days;
(2) Revoke the license or right to obtain the license and establish the time period after which an application for a new certificate for the premises may be made;
(3) Impose a civil fine not to exceed an amount equal to one month’s rent for each violation found as a result of the hearings; or
(4) Impose other reasonable conditions intended to limit future incidents of disorderly use.
(D) Upon expiration of the suspension or revocation period, a license holder shall pay to the city a reinstatement fee equal to $100 for the first unit and $20 for each additional unit.
(1992 Code, § 455:15) (Ord. 1317, passed 5-20-2003)