(A) Order to correct violation; Permit suspension and revocation.
(1) If the city determines that a dwelling unit is a public nuisance, operating without a permit or other approval required by this chapter, or operating in violation of this chapter or any other applicable provisions of city code, the city shall provide written notice of the violation to the property owner and order the correction of the violation in accordance with this chapter. Evidence for violation may be gathered at any time and is considered admissible evidence for suspension/revocation of a permit when collected from rental website information, neighborhood complaints, photographic evidence, or other means of collection.
(2) Any short-term rental permit issued pursuant to this chapter may be suspended for up to six months or revoked by the city for good cause. If the city intends to suspend or revoke a short-term rental permit, the City Clerk or designated office staff shall issue written notice of such intent to the permittee at least 21 days before such suspension or revocation is set to begin. The notice shall be served on the permittee or licensee in person or by certified mail, return receipt requested, and shall include notice of the permittee's right to appeal the suspension or revocation to the City Council by submitting a written request for a public hearing on the suspension or revocation to the official who provided the notice of suspension or revocation within ten days after service of the notice.
(3) If requested, a public hearing on the suspension or revocation of a permit application shall be held at a regular or special meeting of the City Council. The presiding officer shall make a statement as to the reason for the hearing and make every reasonable effort to ensure a fair and full presentation of the facts and arguments by the permittee and the city and representatives or counsel for each. When the public hearing is closed, the presiding officer shall advise the City Council that any decision to affirm the suspension or revocation of the permit application must be made for cause as defined in this chapter. A decision shall be made by the City Council within a reasonable time after the public hearing is closed and promptly communicated to the applicant in writing.
(4) For purposes of this section, good cause shall include, but not be limited to:
(a) Failure to comply with an order to correct a violation issued pursuant to this section;
(b) Issuance of three or more violation notices under this section;
(c) The occurrence of one or more nuisance conditions as defined in Ch. 90 of the Waverly City Code on the permitted property;
(d) Use or operation of a permitted dwelling unit in a manner that imperils public health, safety or welfare, including but not limited to, violation of this chapter or any other provision of local, state, or federal law intended to protect occupants of the dwelling or the surrounding neighborhood and community;
(e) Material inaccuracies in any application materials, reports or other information submitted to the city regarding the activity for which the permit or license was issued; or
(f) Conviction of a crime related to the activity for which the permit was issued.
(B) Withholding permits or approvals. The city may refuse to process applications for permits and approvals under this chapter if the application concerns a property determined to be in violation of this chapter and where the city has issued an order requiring the violation be corrected and the property owner is non-compliant.
(Ord. 117, passed 2-9-21)