(A) Unless otherwise agreed to by the owner and town officials, within 30 days after notice has been provided to the owner that a residential rental unit meets the verified disorder risk threshold or falls at or above the disorder threshold, a mandatory initial fact-finding meeting shall be between the owner and the town officials. The owner shall be required to attend the mandatory initial fact-finding meeting in person, unless the owner's primary residence is 200 miles or greater from the Town of Spencer Town Hall. In the event there are multiple owners, the owner attending the initial meeting must have power of attorney to execute the remedial action plan on behalf of the other owners. If the owner is a legal entity other than a natural person, including but not limited to a corporation, partnership, or limited liability company, the mandatory initial meeting shall be attended by an officer, manager, or other individual with authority to execute the remedial action plan on behalf of the entity.
(B) At the mandatory initial meeting, the town officials and the owner shall, at a minimum, review the following:
(1) The data that established that the property meets the verified violation threshold or falls above the disorder threshold;
(2) Any relevant evidence provided by the owner that may establish that the unit or property does not meet the verified violation threshold or fall at or above the disorder threshold.
(3) After reviewing all the evidence, any previously identified disorder activity or verified violation that is found to either not have occurred on or in the property or does not clearly meet the definition of a disorder activity or verified violation shall be discounted and not considered by the town officials. In the event that the adjustment for the unit or property results in the property remaining at the verified disorder risk threshold or above the disorder threshold, then the owner and town officials shall develop and sign a remedial action plan and the code official shall issue the owner a rental permit for the residential rental unit, upon payment of the prescribed fee. A six month review date shall be set in the remedial action plan. In the event the adjustment results in the unit below the verified violation or disorder threshold, then no further action shall be taken by the town officials at that time
(D) In the event the owner fails to attend the mandatory initial meeting without just cause, the town officials shall review all the evidence concerning the property pursuant to divisions (B) and (C) of this section. Upon a finding that the property meets the verified violation threshold or is at or above the disorder threshold, the code official shall refer the property to the city attorney's office for determination of whether a public nuisance action or any other legal or equitable remedy is warranted.
(E) The owner of residential rental property that is required to participate under this article shall pay a rental registration fee as set by the Board of Aldermen in its schedule of fees before the issuance of a rental permit. Such fee shall not exceed $500 in any 12-month period.
(F) In the event, the owner fails to comply with division (D) herein by not attending the mandatory initial meeting, the code official shall issue a civil citation(s) in accordance with § 93.51(E) herein.
(Ord. 18-017, passed 9-11-18)