2022.07.12 WS Packet - Laserfiche WebLink

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Ordinance No. 892 Residential Licensing Requirements 7/8/22 Page 11 of 21 (4) Hearing. A hearing will be conducted before the City Council at a public meeting. The licensee shall have 303 the right to be represented by counsel, the right to respond to the charged violations, and the right to present 304 evidence through witnesses. The rules of evidence do not apply to the hearing and the City Council may 305 rely on all evidence it determines to be reasonably credible. The determination to suspend or revoke the 306 license shall be made upon a preponderance of the evidence. It is not necessary that criminal charges be 307 brought in order to support a suspension or revocation of a license violation, nor does the dismissal or 308 acquittal of such a criminal charge operate as a bar to suspension or revocation. 309 (5) Final decision. Following the hearing, the council may revoke or suspend the license for all or any part of 310 the licensed premises, may stay the revocation or suspension upon such terms and conditions as it deems 311 reasonable and necessary to accomplish the purposes of this Article, or grant or continue the license. If the 312 Council suspends or revokes the rental license, the Council may also order that any rent payable during the 313 suspension or revocation period be paid into an escrow account to be maintained by the city. The city may 314 use the escrowed funds to pay for the cost of abating violations at the property. Funds that remain in the 315 escrow account after paying for abatement items shall be returned to the licensee upon the licensee 316 receiving a valid rental license or upon the sale of the rental to an unrelated purchaser and after the rental 317 dwelling has been brought into full compliance with City Code. The decision by the City Council 318 following a hearing is final. Upon a decision to suspend a license, no new application from the current 319 licensee for the same rental dwelling will be accepted for a period of time specified in the council's 320 decision, not exceeding one year. A decision to revoke a license will result in no new application being 321 accepted from the same licensee for a minimum of one year. (current code says “not exceeding one 322 year”…which do we want? OK with the proposed change?) 323 (6) Appeal of decision to deny or not renew license. If the City Manager or their designated representative 324 denies or does not renew a license, the licensee shall be notified in writing, specifying the reasons for 325 denying or not renewing the license. If the licensee corrects the conditions leading to the denial or non-326 renewal within seven days, the City Manager or their designated representative shall issue the license. A 327 licensee whose license has been denied or not renewed may appeal the decision by filing with the City 328 Manager or their designated representative a written notice of appeal within seven days of receiving notice 329 of the City Manager or their designated representative decision. The hearing will be conducted pursuant to 330 the provisions of Section 13-158. 331 (7) Notification to tenants / No new rentals. Upon denial, suspension, revocation or other enforcement action 332 of a license, the city will notify all affected tenants of the action against the license. If the license is 333 revoked or suspended, the licensee may not let, rent, or allow to be occupied any vacant dwelling units, or 334 dwelling units that become vacant during the revocation or suspension period. Revocation, suspension, or 335 non-renewal of a license shall not excuse the owner from compliance with all terms of this Article for as 336 long as any units in the facility are occupied. 337