If the Director of Police determines that, due to the occurrence of Nuisance Incidents, Aggravated Nuisance Incidents, or alleged Nuisance Incidents or Aggravated Nuisance Incidents, a hotel or motel presents an immediate threat to the public safety or welfare, the Director of Police may order the immediate and summary closure of the hotel or motel in accordance with the following procedures:
(A) The Director of Police may abate the nuisances and the threat, and summarily close the hotel or motel, by posting a notice on the hotel or motel and mailing via certified mail a copy of the notice to the registered licensee of the hotel or motel. The notice shall include, without limitation: 1) an order that all business activities immediately cease at the hotel or motel; 2) the reasons for the summary closure; 3) information concerning the right of the owner to request a hearing concerning the summary closure order, pursuant to subsection (B) of this section; and 4) contact information for the Village Manager/Comptroller or Director of Police.
(B) The owner of a hotel or motel summarily closed pursuant to subsection (A) of this section may request a hearing before the Hearing Officer by filing a written request for a hearing with the Director of Police, not later than five (5) days after the issuance of the summary closure order. The Hearing Officer shall conduct the hearing within five (5) days after the filing by the owner of a hearing request. After receipt of evidence and testimony at the hearing, the Hearing Officer may affirm, modify, or terminate the summary closure order, in the Hearing Officer's discretion, as may be necessary in the determination of the Hearing Officer to address any immediate threat presented by the operation of the hotel or motel.
(C) Any summary closure order issued pursuant to subsection (A) of this section will remain in effect until the earlier to occur of: 1) the termination of the order by the Director of Police, upon a determination that the hotel or motel no longer presents an immediate threat to the public safety and welfare; 2) the termination of the order by the Hearing Officer, pursuant to subsection (B) of this section; 3) entry of an order pursuant to § 120.123(C) of this Code; or 4) sixty (60) days after the date of the order, unless the Village has commenced an action for a declaration that the hotel or motel is a Nuisance Hotel or Nuisance Motel, pursuant to § 120.123(C) of this Code.
(Ord. 24-4390, passed 1-4-24)