A. Procedure: When a tenant of a residential dwelling has received written formal notice of eviction without cause and without at least sixty (60) days' notice of conversion required above and has reason to believe that notice was issued because of a proposed condominium project they may, within thirty (30) days of the date of the notice of eviction, initiate an appeal regarding the issue of proper notice to the city council on a form provided in the city office. The filing of such a protest shall stay the issuance of any approval or issuance of any permits for the structure in question for a period not to exceed thirty (30) days and the matter shall be set for hearing before the city council. Subsequent appeals shall not act to further stay the issuance of approval of the condominium project and no stay shall be granted if the building official certifies to the city council that a stay would, in their opinion, cause imminent peril to life or property. In such cases, approval shall not be stayed other than by order issued by the district court upon petition, notice and due cause being shown.
B. Agency Assistance: Upon filing, a copy of the appeal shall be forwarded to the city for relocation advice and assistance.
C. Investigation: Upon filing a tenant appeal, the planning staff shall institute an investigation to determine if the notice requirements set forth above were satisfied. They shall then report their findings to the city council within ten (10) days of filing the appeal.
D. Hearing:
1. The city council shall fix a reasonable time for the hearing of the appeal, give due notice to the appellant and to the owner/developer of the condominium project and shall, at said hearing, review said appeal together with agency and department reports, recommendations and related permit or subdivision applications, and shall decide the same within thirty (30) days from the date of filing the appeal.
2. The city council, with regard to the hearing of said appeals, may:
a. Enforce the attendance of witnesses, the production of books and papers and administer oaths;
b. Direct municipal resources, if necessary and appropriate for the alleviation of relocation hardships;
c. Hear and decide allegations of error in any order requirement, decision or determinations made by a municipal official in performance of his duties as related above;
d. See that laws and ordinances are faithfully executed and direct investigations accordingly;
e. Institute any appropriate actions or proceeding to prevent persons from or punish persons for performing any act contrary to the building and zoning titles of the city;
f. Impose reasonable conditions relating to the terms and conditions upon which the project will be approved, which may include suspension of approval pending preparation and implementation of a reasonable relocation plan or services for tenants who have not been given proper notice, or denial of the application, in which event the owner/developer may not reapply for twelve (12) months from the date of denial. (Ord. 2009-07, 7-21-2009)