(a) Suspension of Permit. A STR permit may be suspended for the following reasons:
(1) Substandard Building or Property or Unsafe Building or Structure. Any violation of the requirements of Title 6 of the County Code may result in suspension of the STR permit and issuance of a notice of defect or notice and order to repair. Notice of such suspension shall be provided pursuant to the requirements of Chapter 1 of Division 3 of Title 6 of the County Code.
(2) General Violations. Any failure to comply with or respond to any notice of violation or other notice from the County requiring compliance with one or more requirements of this Chapter or other applicable provision of the County Code or other law may result in suspension of the STR permit. Property owners shall be informed of such suspension in a written notice mailed using both certified mail with return receipt and first class service. In addition, although not required, the notice may also be posted on the property and/or mailed to any additional individuals or companies listed on the permit application.
(b) Use of Property During Suspension and Stays.
(1) When a STR permit is suspended or stayed pending outcome of an appeal, the property affected by the suspension shall not be used as a STR until such time as the suspension or stay is lifted.
(2) Permits suspended pursuant to § 84.28.090(a)(1) will remain suspended until such time as the Building Official or his or her designee confirms that all violations have been corrected or the Building Appeals Board has ruled in favor of the appellant.
(3) Permits suspended for general violations, i.e., those under § 84.28.090(a)(2), will remain suspended until such time as the violations are abated, or the property owner can reasonably demonstrate substantive changes in the property management practices that would mitigate or correct the violations, or a hearing officer has ruled in favor of the appellant. If an appeal hearing for a general violation cannot be scheduled within 14 calendar days after an appeal was filed or if the hearing is scheduled but, through no fault of the appellant, not held within 30 calendar days after the appeal was filed, the suspension shall be stayed through the date a ruling on the appeal is issued.
(c) Appeals of Suspensions. An appeal must be filed no later than ten calendar days after the date the notice of suspension is issued. When the tenth day is not a County business day, the time frame is extended to the next County business day following the tenth day.
(1) The suspension of a permit pursuant to § 84.28.090(a)(1) may be appealed for a hearing before the Building Appeals Board. The format and process of the appeal shall be as required by § 63.0105. A decision by the Building Appeals Board shall be final and no further appeal within the County shall be available.
(2) The suspension of a permit for a general violation may be appealed to a County-designated hearing officer. The decision by the hearing officer shall be final and no further appeal within the County shall be available. The hearing procedure shall include the following:
(A) At least ten calendar days written notice of the hearing shall be given to the permit holder prior to the hearing date. The hearing date may be postponed or continued by stipulation of the parties. If the permit holder does not respond or appear, no further hearing procedure shall be required.
(B) Witnesses shall swear or affirm to tell the truth. The oath or affirmation shall be taken by the hearing officer. The County shall present its case first, with oral testimony and documentary evidence or other evidence. The County shall have the right of cross-examination. The permit holder shall have the right to be represented and shall have the right of cross-examination.
(C) No determination or order shall be based solely on hearsay evidence. The hearing officer shall make his or her determination within five working days following the hearing. The determination shall be in writing and shall state the findings upon which the determination is made. The decision by the hearing officer shall be final and no further appeal within the County shall be available.
(3) The failure to appeal a suspension in a timely manner shall render the action to suspend final and no further appeal within the County shall be available.
(Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4439, passed - -2022)