A. A registration may be suspended when any violation of applicable City codes has been identified by the Community Development Department and the property owner has been properly notified of the violation and given a reasonable period of time in which to correct the violation, but has failed to do so. A registration may also be suspended when any information provided in the registration application is determined by the Code Official to be false.
B. When an inspection of a registered residential rental property reveals any violations of applicable codes, a compliance time frame will be set by the Code Official using the standard as set forth in this article. The Code Official shall provide notice by personal service or send notice to the property owner or the listed property agent by certified mail, return receipt requested at the last address provided on the most recent registration application. Such notice shall include the following:
1. Description of the property sufficient for identification;
2. A statement listing the violation(s) of applicable codes;
3. A statement indicating the date upon which a reinspection will occur; and
4. An explanation that if upon completion of the reinspection the requirements of applicable City codes have not been met, then the registration for the residential rental property shall be suspended.
C. A reinspection will be conducted at the end of the compliance time frame. If the Code Official finds that the requirements of applicable City codes have not been met upon the completion of such reinspection, then the registration for the residential rental property shall be suspended.
D. When a registration is suspended, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent registration application. Such notice shall be sent by certified mail, return receipt requested. The notice shall include the following:
1. Description of the property sufficient for identification;
2. A statement of the reasons for the suspension;
3. An explanation of the property owner's right to appeal the suspension;
4. If the property owner changes his address or changes property agents and fails to notify the Community Development Department, such notice shall be sufficient if sent by certified mail to the owner or his property agent's last address provided on the last registration application.
E. A property owner whose registration has been suspended may request a reinspection prior to revocation. If, upon reinspection, the Community Development Department finds that the registered property in connection with which the notice was issued is now in compliance with this article, then the Code Official may reinstate the registration. The request for a reinspection shall not stay the revocation of the registration unless the Code Official grants such request pursuant to a showing of good cause by the property owner.
F. Any property for which registration has been suspended shall be entitled to appeal the suspension to the City Council by filing a petition within twenty (20) days after the date of suspension. The Code Official shall transmit to the City Council copies of all records and notices upon which the suspension is based. A hearing shall be scheduled as soon as practical upon receipt of a timely petition. The City Council in considering any such petition may immediately revoke the registration, continue the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges and reinstate the registration.
G. A registration may be revoked when a petition for appeal has not been filed within twenty (20) days following the date of issuance of an order of suspension, or, if the suspension is sustained after appeal. A registration may also be revoked when in the opinion of the Code Official emergency conditions exist in a residential rental property that require the immediate vacating of a structure as specified in the City's Property Maintenance Code.
H. A registration which has been properly revoked as provided in this section shall not be reinstated. The property owner may, however, obtain a new registration after all violations have been corrected and by following the procedures for obtaining a new registration and payment of appropriate fee as set forth in this article.
I. If a registration is revoked without having the opportunity of a suspension hearing, the property owner has the right to appeal the revocation. Such appeal shall conform to subsection F of this section. Such an appeal shall operate as a stay of the revocation until such time as the City Council renders a decision on the appeal.
J. Whenever temporary allowance for use of the property or registration is revoked, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent registration application. Such notice shall be sent by certified mail, return receipt requested.
K. Continuation of the property as a residential rental unit following revocation of the rental registration shall be a violation of the City Code, and shall subject the owner of the property to enforcement as defined in chapter 1, article IV of this Code and penalties as specified in the master fee schedule. Each day a tenant remains on the property following notice of revocation is a separately stated offense subject to a seven hundred fifty dollars ($750.00) fine for each day a violation exists. (Ord. O-07-001, 1-4-2007; amd. Ord. O-18-024, 7-19-2018; Ord. O-22-031, 11-17-2022)