(A) General.
(1) License action. The City Council may revoke, suspend, deny or decline to renew any license issued under this subchapter. In buildings containing more than one rental dwelling unit, the revocation, suspension, denial or declination may apply to one or more rental dwelling units at the discretion of the City Council. The basis for such revocation, suspension, denial or non-renewal includes any of the following circumstances:
(a) The license was procured by misrepresentation of material facts with regard to the rental dwelling unit or the ownership of the rental dwelling unit;
(b) The owner, applicant or one acting in his or her behalf made oral or written misstatements accompanying the license application;
(c) The owner, applicant or one acting in his, her or its behalf has failed to comply with any condition set forth in any other permits granted by the city for the premises or a rental dwelling unit on the premises;
(d) The activities of the owner/applicant create or have created a danger to the public health, safety or welfare for the premises or a rental dwelling unit on the premises;
(e) The rental dwelling unit contains conditions that might injure or endanger the safety, health or welfare of any member of the public;
(f) Failure to pay any application, penalty or reinstatement fee required by this section and City Council resolution;
(h) Violation of any regulation or provision of the subchapter applicable to the activity to which the license has been granted or any regulation or law of the state so applicable;
(i) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the license; and/or
(j) Any violation of this section.
(2) Notification. The Code Official shall notify the owner or the owner’s agent in writing of the basis for the revocation, suspension, denial or non-renewal and the date upon which the City Council shall review the request to revoke, suspend or deny the license or if the basis for a non-renewal of the license is for a reason other than the physical condition of the rental dwelling unit or the premises. The notice required by this section shall be served upon the owner or the owner’s agent at least 20 days before the City Council hearing. Service shall be deemed sufficient if the notice is sent to the owner or the owner’s agent by first class mail at the address provided in the license application. It shall be the responsibility of the owner or the owner’s agent to notify the tenant in writing of the hearing date, time and place.
(3) Hearing. The owner or the owner’s agent and the Code Official shall be given an opportunity to be heard. The owner may be represented by counsel. Both sides may be permitted to examine the other side’s witness(es). The City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The City Council shall record the hearing and keep a record of documentary evidence submitted. No notice or hearing is required for non-renewal of a license where the rental dwelling unit(s) or the premises have not passed the inspection by the Code Official.
(4) Decision. The City Council shall make findings based on the evidence and shall make a decision on the recommendation to revoke, suspend, deny or non-renew (solely for issues not related to physical condition of the rental dwelling unit or the premises) a license based on the findings. The City Council shall issue a written decision regarding the recommendation of the Code Official within 30 days following the date of the hearing and shall notify the appellant of the decision by first class mail with a duplicate copy to the Code Official. The decision shall specify the rental dwelling unit or the premises to which it applies. Thereafter, and until a license is reissued or reinstated, no rental dwelling unit that has had its rental license revoked, suspended, denied or non-renewed may be re-let or occupied. Revocation, suspension, denial or non-renewal of a license shall not excuse the owner from compliance with all terms of this section for as long as any rental dwelling units in the building are occupied.
(5) License process after revocation, suspension, denial or renewal declination. After the City Council revokes, suspends, denies or declines to renew a license, no license will be issued for the affected rental dwelling unit(s) until the Code Official determines that the applicant/licensee has remedied the conditions identified by the City Council as the basis for its action. A license application to obtain a license for a rental dwelling unit after the City Council has revoked, suspended, denied or declined to renew a license for the same rental dwelling unit(s) must be accompanied by all fees required by this subchapter.
(B) Effect of revocation, suspension, denial or non-renewal. If a license is revoked, suspended, denied or not renewed by the City Council, it shall be unlawful for the owner or the owner’s agent to thereafter permit the occupancy of the then vacant, or thereafter vacated, rental dwelling unit(s) until such time as a valid rental license is obtained for the rental dwelling unit(s). Issuance of a new license after revocation, suspension, denial or non-renewal shall be made in the manner provided for in § 151.05(A) of this chapter.
(Ord. 82B, passed 2-16-2011) Penalty, see § 151.99