A. Refusal To Issue Or Renew:
1. Grounds: The Building Official may refuse to issue or renew a crime-free residential rental license, in whole or in part, for past violations of this chapter, violations of the Property Maintenance Code, refusal to take steps to mitigate against or prevent future violations of this chapter or the Property Maintenance Code, failure to complete any requirements of a conditional license, threats to the health, safety and welfare of the tenants/occupants/public, if the landlord has had his/her crime-free residential rental license denied, suspended or revoked in the past by the City or other municipality operating under similar regulations and cannot show that the circumstances attending such action have been remedied or that steps have been taken to prevent future violations of a similar nature, and the falsification of information or documents required to be submitted under this chapter.
2. Determination By Building Official:
a. The Building Official shall make his determination in writing which shall include the factual basis and legal conclusion for his determination. The Building Official’s determination shall be mailed to the landlord and rental manager, if any, by certified U.S. mail, return receipt requested, no later than thirty (30) days after the application for issuance or renewal is submitted or within three (3) business days of a landlord or rental manager’s failure to timely complete any requirements of a conditional license.
b. The refusal to issue or renew a crime-free residential rental license may be partial (i.e., for a particular dwelling unit(s)) or in whole (i.e., for all dwelling units proposed to be governed by a particular license), depending on the circumstances. A determination not to issue or renew a crime- free residential rental license in whole shall be supported by a finding that the prior violations were systematic, the result of wilful actions or omissions, on-going despite warnings or requests for compliance by the Building Official, or otherwise constitute a universal threat to the health, safety and welfare of the tenants governed by the license.
3. Conditional License In Lieu: In lieu of refusing to issue or renew a crime-free residential rental license, the Building Official may issue a determination that a conditional crime-free residential rental license is appropriate under the circumstances. A conditional crime-free residential license shall be valid for a limited time period during which the landlord shall be required to undertake and/or satisfy certain measures identified by the Building Official before a crime-free residential rental license is issued or renewed. The conditions imposed shall be directed towards remedying past violations, the prevention of future violations under this chapter, or as a probationary technique to ensure the landlord or rental manager understands and has taken measures to ensure compliance with this chapter. A crime-free residential rental license shall not be issued if the landlord fails to complete or violates the conditions listed in the Building Official’s determination in the time period referenced.
4. Appeals: A landlord may appeal the Building Official’s decision not to issue or renew a crime- free residential rental license as provided in subsection B of this section.
5. Effect Of Determination: The Building Official’s decision shall be final and take immediate effect fourteen (14) days after it is issued, assuming no appeal is taken.
B. Appeals:
1. The Building Official’s decision to not issue or renew a crime-free residential rental license may be appealed by the landlord to the Mayor of the City. The landlord shall perfect the appeal by filing exceptions with the City Clerk no later than fourteen (14) days after the date of the Building Official’s determination. The exceptions shall identify any factual or legal errors with the Building Official’s determination, a short argument in favor of reversal, and a copy of the Building Official’s determination. Any argument or basis for reversal not raised in the exceptions shall be deemed waived on appeal.
2. The timely filing of exceptions shall stay the Building Official's determination through the date on which the appeal is decided.
3. Within forty eight (48) hours of the filing of exceptions, the Mayor of the City shall send written notice of the appeal to the Building Official and the landlord. The notice shall include a copy of exceptions as well as notification as to the date, time and location for the hearing on the appeal. Notice shall be provided by certified U.S. mail, return receipt requested, to the home addresses listed for the landlord.
4. Licensees shall be permitted but are not required to be represented by an attorney. The Building Official may be represented by an attorney. The City Attorney shall sit as counsel for the Mayor.
5. A de novo hearing shall take place no sooner than twenty five (25) days nor more than forty five (45) days after exceptions are filed with the City Clerk. The Mayor shall preside over the hearing and base his/her decision upon the evidence submitted. The formal rules of evidence will not apply at the hearing. All witnesses proposed to testify shall be presented live, sworn in, and subject to direct and cross-examination. The landlord shall have the burden of proof and shall be required to prove its case by a preponderance of evidence.
6. No continuance will be granted except for the most extenuating circumstances.
7. A court reporter will be provided upon the timely request (no later than seven (7) days before the scheduled hearing) of either party. The party requesting the court reporter shall be responsible for the costs of his/her attendance and the reproduction of the transcript to be made a part of the record.
8. No later than thirty (30) days after the close of the hearing, the Mayor shall issue his written decision either affirming or reversing the Building Official’s decision. The written decision shall be mailed to all interested parties by certified U.S. mail, return receipt requested. The Mayor’s decision on appeal shall be final and take effect immediately.
(Ord. 2478, 9-26-2017, eff. 6-1-2018)