Agenda - Council - 08/22/2023 - Laserfiche WebLink

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The City Council may revoke a license or suspend a license for a set period of time or until violations of City Code, or State or Federal law are corrected and, in addition, impose a civil penalty for each violation or impose a combination of these sanctions. (2) Temporary Suspension. The City Administrator may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity. (3) Notice. Before the suspension or revocation of the rental license, the City must provide written notice informing the licensee of the right to a hearing. The notice must provide at least (30) thirty calendar days' notice of the time and place of the hearing and must state the grounds for the proposed suspension or revocation of the license. The notice may be served upon the licensee personally, by leaving the notice at the licensed premises with the designated manager, or by certified mail to the address listed on the license application. (4) Hearing. A hearing will be conducted before the City Council at a public meeting. The licensee shall have the right to be represented by counsel, the right to respond to the charged violations, and the right to present evidence through witnesses. The rules of evidence do not apply to the hearing and the City Council may rely on all evidence it determines to be reasonably credible. The determination to suspend or revoke the license shall be made upon a preponderance of the evidence. It is not necessary that criminal charges be brought in order to support a suspension or revocation of a license violation nor does the dismissal or acquittal of such a criminal charge operate as a bar to suspension or revocation. (5) Final Decision. Following the hearing, the City Council may revoke or suspend the license for all or any part of the licensed premises, may stay the revocation or suspension upon such terms and conditions as it deems reasonable and necessary to accomplish the purposes of this Chapter, or grant or continue the license. The decision by the City Council following a hearing is final. Upon a decision to suspend a license, no new application from the current licensee for the same rental dwelling will be accepted for a period of time specified in the Council's decision, not exceeding one year. A decision to revoke a license will result in no new application being accepted from the same licensee for a minimum of one year. (6) Appeal of Decision to Deny or not Renew License. If the City Administrator denies or does not renew a license, the licensee shall be notified in writing, specifying the reasons for denying or not renewing the license. If the licensee corrects the conditions leading to the denial or non -renewal within (14) fourteen days, the City Administrator shall issue the license. A licensee whose license has been denied or not renewed by the City may appeal the decision by filing with the City Administrator a written notice of appeal within (10) ten days of receiving notice of the City's decision. The hearing will be conducted pursuant to City Code. (7) Notification to Tenants. Upon denial, suspension, revocation or other enforcement action of a license, the City will notify all affected tenants of the action against the license. If the license is revoked or suspended the licensee may not let, rent or allow to be occupied any vacant dwelling units, or dwelling units that become vacant during the revocation or suspension period. Sec. 26-656. Minimum Penalties. The following are minimum penalties for a licensee's failure to comply with applicable Federal law, State Law, City Code or the requirements of this Chapter relating to the license. These penalties do not prohibit the City from any other sanctions listed in City Code or by State or Federal Law. Page 10 of 12