2022.07.12 WS Packet - Laserfiche WebLink

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Ordinance No. 892 Residential Licensing Requirements 7/8/22 Page 12 of 21 Sec. 13-159. Summary action. 338 (1) Emergency. The Building Official has authority to summarily condemn or close areas of a rental dwelling 339 as the Building Official deems necessary, or may take other actions to protect the residents and general 340 public as deemed necessary, when an emergency state exists. For the purposes of this section, an 341 emergency state shall include conduct by any licensee, manager, or tenant; or condition of the licensed 342 property; that gives rise to a nuisance, fire hazard, or other unsafe or dangerous condition detrimental to the 343 public health, sanitation, safety, or general welfare of the community. 344 (2) Notice. Notice of summary action is to be mailed to the licensee by certified mail and posted at the 345 dwelling units or areas affected, and must describe the dwelling units or areas affected. No person shall 346 remove the posted notice other than the Building Official or their designated representative. 347 (3) Costs. If the dwelling or dwelling unit is not condemned or closed pursuant to this section, the costs of any 348 services performed by the city to prevent the condemnation or closure of the dwelling or dwelling unit(s) 349 may be levied against the property as a special assessment. 350 (4) Appeal. Any person aggrieved by a summary action of the Building Official shall be entitled to appeal to 351 the City Council by filing a notice of appeal with the City Manager or their designated representative within 352 five days of the summary action. The City Manager or their designated representative must schedule a date 353 for a hearing before the City Council and notify the aggrieved person of the date. The hearing will be 354 conducted pursuant to the provisions of Section 13-158. 355 Sec. 13-160. Posted to prevent occupancy. 356 Whenever any rental dwelling is found to be hazardous or unfit for human habitation, it shall be posted by the 357 Building Official or their designated representative on the door of the rental dwelling to prevent further 358 occupancy. No person, other than the Building Official or their designated representative, shall remove or alter 359 any posting. The Building Official or their designated representative will post the date the rental dwelling shall be 360 vacated and no person shall reside in, occupy, or cause to be occupied that rental dwelling until the Building 361 Official or City Council permits it. 362 Sec. 13-161. No Retaliation. (13-165) 363 No licensee shall evict, threaten to evict, or take any other punitive action against any tenant by reason of good 364 faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal 365 activity, suspicious occurrences, or public safety concerns. This Section shall not prohibit the eviction of tenants 366 from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations, or lease 367 terms other than a prohibition against contacting law enforcement agencies. 368