If the Police Chief determines that a hotel, motel, or extended stay hotel, presents an immediate threat to the public safety or welfare, the Chief may order the immediate and summary closure of the hotel, motel, or extended stay hotel, in accordance with the following procedures:
A. The Chief may abate the threat to public safety, and summarily close the hotel, motel, or extended stay hotel, by posting a notice on the hotel, motel, or extended stay hotel, and mailing via certified mail a copy thereof to the registered licensee of the hotel, motel, or extended stay hotel. The notice must include, without limitation: (1) an order that all business activities immediately cease at the hotel, motel, or extended stay hotel, (2) the reasons for the summary closure; (3) information regarding the time and location of any upcoming hearing scheduled, pursuant to Section 3-24-18 B. of this Code; and (4) contact information for the Village Manager or Police Chief.
B. The owner of a hotel, motel, or extended stay hotel, summarily closed pursuant to Section 3-24-18 A. is entitled to a hearing before the Hearing Officer. The Hearing Officer must conduct the hearing within five days after the filing by the owner of a hearing request. After receipt of evidence and testimony at the hearing, the Hearing Officer may affirm, modify, or terminate the summary closure order, in their discretion, as may be necessary in the determination of the Hearing Officer to address any immediate threat presented by the operation of the hotel, motel, or extended stay hotel,
C. Any summary closure order issued pursuant to Section 3-24-18 A. will remain in effect until the earlier to occur of: (1) the termination of the order by the Police Chief, upon a determination that the hotel, motel, or extended stay hotel, no longer presents an immediate threat to the public safety and welfare; (2) the termination of the order by the Hearing Officer, pursuant to Section 3-24-18 B. of this Code; (3) entry of an order pursuant to Section 3-24-15 G. of this Code; or (4) 60 days after the date of the order, unless the Village has commenced an action for a declaration that the hotel, motel, or extended stay hotel, is a Nuisance Hotel, and a hearing officer has found that an extended closure of or permanent revocation of the hotel, motel, or extended stay hotel’s occupancy license is a proper remedy pursuant to Section 3-24-15 of this Code. (Ord. 22-26, 9-12-2022)