[Code 1955, § 7-13.1; Ord. No. 1008, 10-17-1990; 4-18-2018 by Ord. No. 1737; 8-3-2022 by Ord. No. 1826]
As used in this article, the following terms shall have the meanings indicated:
PUBLIC LODGING HOUSE
Every building or structure which is kept, used or maintained as an inn, hotel, bed-and-breakfast establishment, or motel where one or more rooms are made available to transients. Regulations for short-term rental dwelling units can be found in Chapter 14.
SHELTER
A facility that provides overnight housing accommodations for people who are homeless, displaced from housing, victims of violence or abuse, have an emergency, are in a transitional state, and other similar situations. The facility may provide temporary or semi-permanent housing in a setting that is not considered a single dwelling unit or single-family home. The facility may also offer services to the occupants or the public such as counseling, educational classes, vocational training, food service, etc.
[Code 1955, § 7-13.2; Ord. No. 1008, 10-17-1990; 8-3-2022 by Ord. No. 1826]
No person shall keep, operate or maintain any public lodging house or shelter in the City without having first obtained a license therefor in accordance with the provisions of this chapter, Chapter 17 and Chapter 39. A license shall not be required for those facilities in which the state has exclusive authority under state law to inspect and regulate.
[Code 1955, § 7-13.4; Ord. No. 1008, 10-17-1990; 7-26-2016 by Ord. No. 1673; 7-21-2021 by Ord. No. 1798; 8-3-2022 by Ord. No. 1826]
No license shall be issued under this article until the premises to be licensed have been inspected and approved in writing by the Fire Chief as being in compliance with the then current code as adopted pursuant to Chapter 11, Fire Protection, of the Holland City Code and inspected and approved in writing by the Department of Community and Neighborhood Services. The Department of Community and Neighborhood Services shall determine that compliance with the provisions of Chapter 6, Buildings, Chapter 9, Electricity, Chapter 14, Housing, Chapter 19, Nuisances, Chapter 20, Offenses - Misc., Chapter 25, Plumbing, Chapter 26, Public Lodging Houses and Shelters, Chapter 27, Refuse and Garbage, and Chapter 39, Unified Development Ordinance (UDO), of this Code.
[Added 7-26-2016 by Ord. No. 1673; amended 8-3-2022 by Ord. No. 1826]
If a license is suspended, revoked or expires without renewal, the licensee shall accept no new occupants, shall immediately notify all occupants of the suspension, revocation or expiration and shall arrange for all occupied rooms to be vacated as soon as possible (but in not more than 30 days) and remain vacated until the suspension ends or the license is reinstated or renewed. A suspension is effective when notice of the suspension is given to the licensee as provided in Section 1-6(a) through (c) of Chapter 1 of the Holland City Code. A revocation is effective when approved by Council.
[Code 1955, § 7-13.3; Ord. No. 1008, 10-17-1990; 7-26-2016 by Ord. No. 1673; 5-12-2021 by Ord. No. 1793; 7-21-2021 by Ord. No. 1798; 8-3-2022 by Ord. No. 1826]
(a) 
No person shall keep or maintain any public lodging house or shelter in the City which does not comply with state law and the standards of safety and morals established by Chapter 6, Buildings, Chapter 9, Electricity, Chapter 11, Fire Protection, Chapter 14, Housing, Chapter 19, Nuisances, Chapter 20, Offenses — Misc., Chapter 25, Plumbing, Chapter 26, Public Lodging Houses and Shelters, Chapter 27, Refuse and Garbage, and Chapter 39, Unified Development Ordinance (UDO), of this Code.
(b) 
Following issuance of a license under this chapter, the licensed premises may be inspected by an enforcing officer at any time during the licensee's business hours without prior notice to the licensee; provided, however, that such inspections will not be conducted on more than an annual basis unless based on request by the licensee, a complaint or one of the provisions set forth below in this section.
(c) 
In the event that an inspection finds a violation of Chapter 6, Buildings, Chapter 9, Electricity, Chapter 11, Fire Protection, Chapter 14, Housing, Chapter 19, Nuisances, Chapter 20, Offenses — Misc., Chapter 25, Plumbing, Chapter 26, Public Lodging Houses and Shelters, Chapter 27, Refuse and Garbage, or Chapter 39, Unified Development Ordinance (UDO), of this Code, the following action will be immediately taken:
(1) 
If one or more major violations are found, the enforcing officer shall immediately suspend the license by giving written notice to the license holder. The license shall remain suspended until each major violation is cured.
(2) 
If one or more minor violations are found, the enforcing officer will issue a written notice of violation. If the violation(s) is not cured within 30 days of the notice of violation(s), the enforcing officer may suspend the license. The license will remain suspended until each of the violations are cured.
(3) 
If three separate notices of violations (either major or minor) are issued to a licensee within a six-month period, the enforcing officer shall immediately suspend the license and notify the City Clerk of the notices of violation. The Clerk shall then arrange for a revocation hearing before the City Council.
(4) 
For the purposes of Subsections (c)(1), (2) and (3), the following definitions shall be used:
MAJOR VIOLATION
Any violation of the provisions of this article or any code adopted by the City, which poses a hazard or risk to the health and safety of the occupants of a lodging unit, including any violation that substantially affects the habitability of the lodging unit, such as lack of plumbing or mechanical or electrical systems, insect infestation, structural defect, conditions conducive to decay or deterioration, illegal cooking appliances, fire hazards and minor violations found in 20% or more of the sleeping rooms.
MINOR VIOLATION
Any violation of the provisions of this article or any code adopted by the City that is not deemed a major violation.
(d) 
In the event that there are three or more instances of prohibited conduct at a licensed premises during any six consecutive months, then the license shall be immediately suspended until the licensee adopts and submits to the Department of Community and Neighborhood Services and the Holland Department of Public Safety a written plan to reduce the prohibited conduct.
(1) 
For purposes of this Subsection (d), "prohibited conduct" shall mean:
a. 
Conduct that is a nuisance as defined in MCLA § 600.3801;
b. 
Unlawful possession of a controlled substance or drug paraphernalia; or
c. 
Unlawful possession or use of a weapon.
(2) 
The plan shall include, but not be limited to, maintaining a minimum of two on-site on-duty employees (not including housekeeping staff) with training on preventing prohibited conduct.
(3) 
The licensee's plan shall remain in effect until there are two or fewer instances of prohibited conduct during six consecutive months.
(4) 
If a plan is not received within 30 days, then the enforcing officer shall notify the City Clerk of the notices of the violation(s). The Clerk shall then arrange for a revocation hearing before the City Council.
(5) 
If a license is suspended on two separate occasions during any twelve-month period due to the amount of prohibited conduct, then the enforcing officer shall immediately suspend the license and notify the City Clerk of the violation. The Clerk shall then arrange for a revocation hearing before the City Council.
(e) 
A license may be suspended, revoked or not renewed for any reason authorized by Chapter 17, Licenses Generally.
(f) 
If a license remains suspended for 90 days or more, the enforcing officer shall notify the Clerk's office and the Clerk's office shall initiate proceedings before the City Council to revoke the license.
(g) 
Once a license is revoked under this section, the license will not be reinstated or renewed unless the licensee adopts and maintains a plan acceptable to the City Council to avoid future violations. At a minimum, the plan shall include engaging new management that has acceptable experience in operating a hotel or motel and compliance with Subsection (d) of this Section 26-4. If a license is revoked a second time, the license will not be reinstated or renewed.
(h) 
The enforcing officer shall be as defined in Section 1-10.1 of this Holland City Code.
(i) 
Except as otherwise stated in this section, the procedure for issuing, renewing, suspending and revoking licenses shall be as set forth in Chapter 17, Licenses Generally.