[Amended 8-7-2007 by
HO-2007-09]
A. The City's Code Enforcement Officer shall have the authority
to conduct periodic inspections of any licensed property to determine
if it continues to be in compliance with the requirements for a rental
unit license. Notice of violations involving substandard housing or
maintenance shall be sent to the license holder or owner, as applicable,
in writing, within 15 days, specifying each violation and the code
section it violates. The license holder shall then have not more than
30 days to correct such violations, unless otherwise extended by the
Code Enforcement Officer for good cause shown, or the license shall
be revoked. Failure by the owner and/or the license holder to allow
entry for an inspection after reasonable notice, or the failure by
the owner and/or license holder to require as a term of the rental
agreement that the tenant shall allow the City entry for such inspection,
shall be sufficient reason to deny or revoke any rental license or
certificate and shall be a violation of this chapter. The City may
set reasonable conditions on any revocation or renewal as to effective
date, review, and any other matter involving the welfare of the tenants,
the landlord or the general public.
B. The City shall have the authority to deny or revoke a license upon
the City finding that any rental dwelling unit or units on a single
property are or have been creating a public nuisance.
C. For a single family home having at least one rental unit, a public
nuisance shall include, but not be limited to, a rental property at
which the following has occurred:
(1) Four incidents in 24 months of criminal activity or the presence
of a controlled dangerous substance or drug paraphernalia on the property,
which is reasonably attributable to the occupants of the property;
(2) Two incidents in 24 months of drug-related crimes such as the presence
of stolen property, theft, robbery or prostitution or of any felony;
or
(3) Four noise violations or three violations of the applicable occupancy
limit imposed by any governmental agency in 24 months.
D. For any property with multifamily housing used as rental units, the
number of incidents/violations that would qualify the property as
a public nuisance shall be as follows:
(1) If there are fewer than 10 rental dwelling units, the number of incidents/violations
outlined in Subsection C(1)-(3) above is applicable.
(2) If there are 10 to 50 rental dwelling units, the number of incidents/violations
that would qualify the property as a public nuisance shall be determined
by adding one to the number of incidents/violations outlined in Subsection
C(1)-(3) above.
(3) If there are more than 50 rental dwelling units, the number of incidents/violations
outlined in Subsection C(1)-(3) during a twenty-four month period
that would qualify the property as a public nuisance shall be more
than six incidents/violations in any one category in Subsection C(1)-(3)
or a cumulative total of 20 incidents/violations.
E. In considering whether a property constitutes a public nuisance under
this chapter, the City may consider the history of the property prior
to the enactment of this Amendment. The City may consider allowing
a rental license that has been revoked or denied pursuant to this
subsection to be renewed or reissued for a property only upon a showing
by clear and convincing evidence that the condition(s) creating the
public nuisance will not re-occur. The City may issue a provisional
rental license to a property unit that previously constituted a public
nuisance with reasonable conditions to assure the property does not
become a public nuisance.
F. Code Enforcement shall attempt to notify a landlord of any new incident/violation
on the landlord's property that could qualify as contributing
to a public nuisance. The notice shall contain a warning that the
rental license for the property may be revoked.
[Amended 12-5-2016 by
HO-2016-02]
A. Any persons aggrieved by an action of a Code Enforcement Officer
under this chapter may appeal such an action by filing a written notice
thereof with the Head of Code Enforcement within 15 calendar days
of the action complained of. The Head of the Code Enforcement shall
promptly schedule a conference with the appellant and any other party
the Head of Code Enforcement may choose. After such conference the
Head of Code Enforcement shall promptly issue a written opinion to
the appellant.
B. In the event the appellant is dissatisfied with the opinion of the
Head of Code Enforcement, the appellant may further appeal the finding
of the Head of Code Enforcement to the City Administrator and Mayor
by filing a written appeal along with payment of the proper appeal
fee in the amount established by the Mayor and City Council. Any such
appeal must be filed with the City Administrator within 15 calendar
days of the written opinion of the Head of Code Enforcement. Within
15 days of such filing, a hearing shall be conducted before such person(s)
as the City Administrator and Mayor designate for such purpose. The
hearing shall be open to the public, records and minutes shall be
maintained and the person aggrieved and Code Enforcement shall be
given an opportunity to present evidence. The person(s) hearing the
appeal shall, within 10 days, either reverse, modify or affirm the
action complained of and cause a written copy of their decision to
be sent to the person aggrieved. This decision shall be final.
C. An appeal shall not operate to stay any of the provisions or requirements
of this chapter unless the Head of Code Enforcement or City Administrator
as applicable shall otherwise order.
Licenses issued under this chapter shall be predominately and
publicly displayed on the premises of the structure or produced on
demand of a tenant or prospective tenant and shall be available at
reasonable times for inspection by the Code Enforcement Officer, or
other authorized City employee.