(a) The Director shall deny any application for a new permit or renewal of permit, or revoke or suspend a permit, if any of the following are shown to have occurred during the time of application or at the short-term rental address, or applicant's dwelling:
(1) The applicant makes a material misrepresentation of fact on the application or submits fraudulent, counterfeit, or false documentation;
(2) Any applicant, owner, operator, manager, short-term rental host or property manager is shown to have been convicted of the act of prostitution or soliciting for prostitution, or an act that would constitute a violation of the Ohio R.C. Chapters 2925 or 3719, on the premises of the short-term rental in question, the applicant's dwelling, or any short-term rental, or dwelling in which the applicant, owner, or short-term rental host has any interest in, including, but not limited to, ownership, licensure, or management;
(3) Applicant's dwelling or the property on which the hotel/motel or short-term rental is located is not in good standing with the City of Portsmouth Income Tax Division or is delinquent on Scioto County Ohio Real Estate Tax;
(4) The applicant or the short-term rental host is not in good standing with the City of Portsmouth Income Tax Division.
(b) The Director may deny any application for a new permit, or renewal of permit, revoke or suspend a permit, if any of the following are shown to have occurred during the time of application or at the hotel/motel, short-term rental, or applicant's dwelling:
(2) The short-term rental or applicant's dwelling has outstanding orders from the Portsmouth Division of Fire that have not been corrected;
(3) A pattern of felony drug related activity;
(4) A pattern of prostitution related activity or evidence of human trafficking;
(5) A pattern of gang related activity as defined in Ohio R.C. 2923.41;
(6) A documented history or pattern at the short-term rental or applicant's dwelling of repeated offenses of violence as defined in Ohio R.C. 2901.01;
(7) The short-term rental host has a documented history of repeated offenses of violence as defined in Ohio R.C. 2901.01;
(8) The short-term rental or applicant's dwelling has three (3) or more calls for service during a consecutive twelve-(12) months where at least one of the twelve (12) months occurs within the calendar year in which an objection to the permit is lodged;
(10) Any applicant, owner, manager, short-term rental host or property manager is shown to have engaged in the act of prostitution or soliciting for prostitution, or an act that would constitute a violation of the Ohio R.C. Chapters 2925 or 3719, on the premises of the short-term rental in question, the applicant's dwelling, or any short-term rental or dwelling in which the applicant, owner or short-term rental host has any interest in, including, but not limited to, ownership, licensure, or management.
(11) An owner, manager, or operator of the hotel/motel, a short-term rental host, or a property manager, or applicant has hindered or prevented any inspection of the hotel/motel, short-term rental, or applicant's dwelling as authorized by Section 777.12;
(12) The short-term rental or applicant's dwelling has a history of repeated conduct that endangers neighborhood safety or diminishes resident's quality of life.
(13) Applicant's dwelling or the short-term rental has a call for service in relation to an allegation of a criminal violation of the P.C.O. or the Ohio R.C..
(14) Applicant or the short-term rental host has been found guilty of maintaining a public nuisance.
(15) Applicant's dwelling or the short-term rental has been declared a public nuisance.
(16) Applicant or the short-term rental host has not abated the public nuisance or complied with a notice of violations.
(c) Evidence of conduct under divisions (a) and (b) of Section 777.05 need only be that of de facto violation of law, evidence of conviction is not a prerequisite for denial unless specifically indicated.
(Ord. 2022-75. Passed 9-12-22.)