(A) Responsibility of the City Code Enforcement Officer. The City Code Enforcement Officer shall be responsible for approval, suspension or revocation of transitory lodging licenses.
(B) Initial approval or renewal.
(1) A transitory lodging license shall be issued to a qualified applicant that has successfully completed an inspection (or has satisfactorily addressed concerns and has been successfully re-inspected following a preliminary inspection that revealed violations or concerns).
(2) In the event of a transitory lodging establishment that has pending violations or concerns that have not been addressed, but where the operator of the establishment is undertaking reasonable measures to address the violations or concerns, the City Code Enforcement Officer may issue a temporary or conditional transitory lodging license that requires compliance by a certain date, which license shall become unconditional at such time as the City Code Enforcement Officer certifies in writing that the conditions have been re-inspected and are satisfied. Such a conditional license may be revoked in accordance with its terms.
(3) The City Code Enforcement Officer may deny a transitory lodging license application or may refuse to issue a renewal license to any applicant that is in violation of this code or an applicable standard, or may require compliance and re-inspection prior to issuing a new or renewal license. The decision of the City Code Enforcement Officer to deny a transitory lodging license or a renewal application may be appealed to the City Council, but the decision shall remain in effect pending any such appeal.
(4) No license shall be issued to or renewed for any applicant, where the applicant, the premises proposed for licensure, or the manager listed on the application is delinquent in the payment of any obligation of any form to the city.
(C) Suspension or revocation.
(1) In the event of any single violation of this code that presents an urgent, substantial and unjustified threat to public health, welfare, safety or morals, the Commissioner of Public Health and Safety (or appointed designate) may suspend the transitory lodging license without prior notice, conditioned upon the establishment immediately working to rectify the concern. In the event of such an emergency suspension, the Commissioner of Public Health and Safety (or appointed designate) shall afford the establishment with an opportunity for a hearing before him or her within three business days of the emergency suspension.
(2) In the event of any other proposed suspension or revocation of a transitory lodging license, the City Code Enforcement Officer shall provide the transitory lodging establishment with not less than four business days written notice of his or her intention to conduct a hearing, either before himself or herself or before a city administrative hearing officer, to determine whether there are violations of this code that merit suspension or revocation of the transitory lodging license.
(a) It is the stated policy of this chapter that fines, suspensions and revocations shall be progressive in nature. Any single serious offense may justify suspension or revocation. Less serious offenses shall be considered cumulatively and may, in the aggregate, merit suspension or revocation. Suspensions shall be for a period of up to 30 days. A transitory lodging license that is revoked may not be reapplied for by the same applicant during the then-current term of licensure.
(b) In the event that a suspension or revocation is placed into effect, based upon an urgent, substantial and unjustified threat to public health, welfare, safety or morals, the suspension may take effect immediately. Suspension or revocation for any other reason shall require at minimum a five-day waiting period following the conduct of the hearing before taking effect.
(c) The decision of the party conducting the hearing shall be prepared and delivered to the transitory lodging establishment in writing.
(3) The decision of the City Code Enforcement Officer to suspend or revoke a transitory lodging license may be appealed to the City Council, but such suspension or revocation shall remain in effect pending the outcome of the appeal. The decision of an administrative hearing officer to suspend or revoke a transitory lodging license may be appealed, in accordance with the procedures for appealing the decision of an administrative hearing officer, to the Circuit Court.
(D) Ordinance violation in circuit court. In the alternative to any of the foregoing procedures, the city may elect to pursue any violation of this code as an ordinance violation in the Circuit Court for Randolph County, or may seek to pursue an equitable remedy, such as an injunction to require compliance with this code, to abate any violations, to suspend or revoke a transitory lodging license, or to prevent operation of a facility without a transitory lodging license.
(E) Compliance agreement. In lieu of pursuing any of the foregoing remedies or at any time during the pendency of any of the foregoing actions, the City Code Enforcement Officer may enter into a compliance agreement with a property owner or transitory lodging establishment operator. The compliance agreement shall specify an agreed fine to be paid to the city (if any), and the terms or conditions under which the establishment shall operate, shall rectify any violations, or shall terminate operations. The compliance agreement shall include any other terms deemed acceptable to the City Code Enforcement Officer.
(Ord. 17-04, passed 9-11-2017) Penalty, see § 121.99