This chapter shall be known as the "Hotel, Motel, and Residential
Hotel/Motel Permit Ordinance."
(Ord. 1470 § 1, 2010)
A.
The
city council hereby finds that it is of the utmost importance to improve
the conditions of the city's hotel and motel stock, which, in addition
to serving the transient guests, often serves as temporary housing
for the city's low-income residents. There is a tremendous concern
to ensure that this housing stock meets all applicable housing and
building standards that will provide its residents with safe and decent
places to live. The city council also recognizes that some hotels
and motels within the city limits may at times also serve as long-term
housing for some residents, and, for this reason, the city council
adopts a separate category of "residential hotel/motel" with additional
regulations that will ensure that the buildings meet long-term housing
requirements.
B.
The
purpose of this chapter is to require the issuance of a permit to
operate to conduct, own, or operate hotel, motel, and residential
hotel/motel establishments within the city; to require manager permits
for the hotel, motel, and residential hotel/motel managers employed
therein; to establish standards for the issuance of said permits;
to establish rules and regulations under which such permits shall
remain in force, be suspended or revoked; and providing penalties
for violations thereof.
(Ord. 1470 § 1, 2010)
For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms, and phrases hereinafter
set forth shall have the meanings given them in this section:
means a room with a minimum of thirty square feet containing
a toilet, sink, and shower or tub.
means mattress and box springs, which shall be off of the
floor.
means a common gathering space within a residential hotel/motel
establishment for use by the residents, which has no less than two
hundred square feet, unless, under certain specified conditions, a
variance is granted, and which has air conditioning and heating facilities
capable of maintaining a minimum temperature of seventy degrees Fahrenheit
three feet above the floor.
The "calls for service" included in a case by case analysis
are those defined as calls for service generated by guests or as a
result of actions by guests, their visitors, or the operator. The
calls for service analyzed would not normally include calls such as
emergency medical service calls, public information service requests,
auto accidents, or police initiated contact not involving criminal
activity.
means and includes a minimum of a bed, mirror, minimum lighting,
and adequate place for clothes storage.
means a facility (in one or more buildings on the same legal
parcel) providing transient lodging accommodations at a daily rate
and where access is provided through a common entrance, lobby or hallway
and over fifty percent of the revenue derived from the rental of lodging
accommodations in the previous calendar year was subject to the transient
occupancy tax.
means that area used or designated to be used for the purposes
of preparing food.
means a plan that addresses the establishment's management,
including staffing, equal access to housing, internal security, and
other items that include, but are not limited to, the following components:
Rental rates;
Housekeeping schedules and cleaning provisions to ensure that
the premises are in a clean, healthy, and presentable condition, free
of litter, pests, and vermin at all times;
Grounds and landscape maintenance;
Acknowledgment of adherence to prompt collection and payment
of transient occupancy taxes;
Schedules of linen changes if a hotel or motel;
Identification of the role of each staff member, especially
in emergency situations, such as fires and police responses;
A staff training program;
Any condition that is imposed as a result of the permit application
for an individual hotel, motel, or residential hotel/motel; and
Any additional requirement for a residential hotel/motel.
means any person who is the proprietor of any hotel, motel,
or residential hotel/motel, whether in the capacity of owner, lessee,
sub-lessee, mortgagee in possession, operator or agent of any of the
foregoing. The person who, in connection with the activities of a
hotel, motel, or residential hotel/motel, manages the business operations,
including the collection of rental charges, issuing of keys, direction
of maintenance personnel, assigning of rooms to guests, or handles
guest affairs and oversees security. The term shall also include resident
manager and assistant manager.
means any dwelling unit contained in any hotel, motel, or
residential hotel/motel meant for year-round habitation by the manager,
resident manager, or owner of the premises.
means a facility (in one or more buildings on the same legal
parcel) providing transient lodging accommodations at a daily rate
and where access is individually available from outside the building.
The term shall also include "motor lodge" and "motor hotel." In addition,
over fifty percent of the revenue derived from the rental of lodging
accommodations in the previous calendar year was subject to the transient
occupancy tax.
means those persons or person responsible for the daily operation
and management of the premises and all functions related thereto.
means any person, firm, association, partnership, or corporation,
which is the record owner of real property as listed on the last equalized
assessment roll as maintained by the San Joaquin County assessor.
It shall also mean any part owner, joint owner, or lessor of the whole
or part of the land or buildings situated thereon.
means any natural person, firm, partnership, corporation,
receiver, trustee, estate trust, business trust, organization, or
association.
means an annual certification, issued within thirty days
of submission of the application, from a fully licensed pest control
company that the proposed premises are free of insect and/or pest
infestation.
means a single building or group of detached or semidetached
buildings providing transient accommodations at a daily rate and where
fifty percent or more of the revenue derived from the rental of lodging
accommodations in the previous calendar year was not subject to the
transient occupancy tax.
means and includes, but are not limited to, the amounts charged
by the premises for providing such services as laundry, cleaning,
appliance rental, linen services, phone, additional person cost or
meal service.
(Ord. 1470 § 1, 2010)
No person shall operate a hotel, motel, or residential hotel/motel
without first having obtained a written permit from the city. There
shall be only one permit for each hotel, motel, or residential hotel/motel
establishment. It is unlawful and a misdemeanor to operate a hotel,
motel or residential hotel/motel without a valid permit to operate.
(Ord. 1470 § 1, 2010)
An application for a hotel, motel, or residential hotel/motel
permit shall be filed with the city manager or designee, be in writing
on forms provided by the city, and be accompanied by payment of an
annual fee in an amount as established, from time to time, by resolution
of the city council. Any such application shall be under oath, in
duplicate, and shall contain such information pertinent to the applicant
and the business as the city may require.
(Ord. 1470 § 1, 2010)
The permit to operate application shall also include as attachments
to the application for a permit to operate, the following documents:
A.
Written
evidence that the applicant(s) is eighteen years of age or older;
B.
Proposed
management plan, including provision of twenty-four hour manager and/or
designee;
C.
Name
of manager(s) of the establishment, along with proof of required city
issued management certificate(s) for every manager;
D.
Pest
control certification issued within thirty days of application submission;
E.
Existence
of required common indoor space or request for variance; and
F.
Receipt
from San Joaquin County environmental health showing full compliance
with its requirements for operation of the premises.
(Ord. 1470 § 1, 2010)
In addition to the information required for hotels and motels,
the following information must also be included as an attachment to
an application to operate a residential hotel/motel:
A.
Proof
of compliance with all applicable zoning requirements;
B.
Proof
of adequate parking for long-term residency;
C.
Proof
of adequate bathroom and kitchen facilities, required of individual
dwelling units, equivalent to those features required of an efficiency
dwelling unit as such is defined under the uniform codes; and
D.
Signed
statement that the residential hotel/motel shall not operate without
an on-site manager or designee in charge of the premises at all times.
(Ord. 1470 § 1, 2010)
A.
Beginning
January 1, 2011, the city manager or designee shall conduct an investigation,
and shall refer all applications for a permit to the police chief,
fire chief, building official, and San Joaquin County environmental
health for their investigation and recommendations.
B.
1.
The
police chief shall investigate and ascertain the following:
a.
Whether the applicant has, within three years immediately preceding
the date of filing of the application, had any hotel, motel, or residential
hotel/motel permit, which has been issued within the state of California,
suspended or revoked; or
b.
Whether the applicant has knowingly made a material misrepresentation
in the application for the permit to operate; or
c.
Whether the applicant has had a turnover in management personnel
of more than two employees within the prior one hundred eighty days.
2.
The
police chief shall also review the records pertaining to the premises
on which the hotel, motel, or residential hotel/motel is located,
including a review of the number of calls for service involving crimes,
disturbances, and public nuisance activities occurring on the premises,
and take this information into consideration when issuing recommendations.
3.
The
police chief shall make a report of the findings to the city manager
or designee, together with recommendations for conditions of approval
of the permit to operate, if any.
C.
The
fire chief, building official, and city manager or designee, within
the jurisdictions and duties of their particular departments, shall
ascertain whether or not the premises to be used are suitable, proper,
and adequate, and comply with all applicable laws, ordinances, and
regulations. The fire chief, building official, and city manager or
designee shall make a report of their findings, together with their
recommendations for conditions of approval for the permit to operate,
if any.
(Ord. 1470 § 1, 2010)
A.
As part
of the investigation conducted by the city manager or designee in
conjunction with an application for a hotel, motel, or residential
hotel/motel permit to operate, the premises shall be inspected to
verify the existence of all of the following items:
1.
Full
compliance with all applicable housing code requirements, including
electrical and plumbing requirements;
2.
Full
compliance with all applicable fire code requirements, including life
safety measures, emergency exiting, and panic hardware requirements;
3.
Required
heating facilities for each individual dwelling unit;
4.
Required
bathroom facilities;
5.
A
bed in good and clean condition and maintained in such a condition
as to not be a detriment to the health of guests, as determined by
county environmental health;
6.
Clothes
Storage. Space shall be provided in good working order for hanging
clothes and/or storing personal belongings;
7.
Required
common indoor space, and/or approved variance as defined above;
8.
For
hotel/motels, a schedule of linen changes that, at a minimum, provide
for weekly changes and/or change of linen whenever a guest departs
and before another guest arrives;
9.
Immediate
access for police, fire, and emergency personnel for those premises
that have secured entries; and
10.
Screens on all exterior windows.
B.
There
shall not be an infestation of insects, vermin, or rodents, as determined
by the public health department.
C.
In addition,
the application for a permit to operate must also be accompanied by
a management plan as defined above, which shall include items such
as housekeeping schedules, facility maintenance, grounds and landscape
maintenance, emergency provisions, and contacts.
(Ord. 1470 § 1, 2010)
In addition to the listing and posting of room rates, a list
of all other room charges shall be made available to residents and
the public and shall be posted in a conspicuous location on the premises.
(Ord. 1470 § 1, 2010)
A.
Upon
the filing of an application for a permit to operate, investigations
by the requisite departments shall commence. Said investigation shall
include an inspection of the premises by designated city staff for
the purposes of determining whether the premises meet all applicable
codes, including the uniform code requirements, such as the housing
and building codes, and all applicable requirements of the Manteca
Municipal Code, including the zoning and health and safety codes.
No permit to operate shall issue until all of the required codes are
met. A fee, as from time to time may be set by resolution of the city
council, will be required for each inspection.
B.
In addition
to the initial inspection, quarterly inspections shall be conducted
of the premises as a condition of retention of the permit to operate.
In the event that the initial inspection reveals full compliance with
all applicable provisions of the Manteca Municipal Code and adopted
uniform codes, as well as full endorsement without conditions by the
fire, police, city of Manteca building official, and public health
departments, no quarterly inspections will be required as a condition
for retention of the permit to operate for the remainder of the year,
or, for the next three quarters, absent the existence of a subsequent
violation.
(Ord. 1470 § 1, 2010)
Nothing herein shall constitute a waiver of the requirements
of Title 5 of the Manteca Municipal Code requiring issuance and possession
of valid business license.
(Ord. 1470 § 1, 2010)
Within forty-five days after the filing of an application for a permit to operate, the city manager or designee shall review the application, together with reports and recommendations of the police chief, fire chief, city of Manteca building official, and county environmental health, and shall grant said permit to operate or notify the applicant of the intent to deny the permit to operate, together with the grounds for denial as set forth in Section 5.60.140, or grant a conditional permit to operate, as set forth in Section 5.60.150. Said notice shall be in writing and sent by mail to the applicant's mailing address set forth in the application.
(Ord. 1470 § 1, 2010)
The following grounds may constitute grounds for denial of a
permit to operate:
A.
The
establishment as proposed by the applicant does not comply with all
applicable laws including, but not limited to, the applicable building,
zoning, housing, fire, safety, and health regulations;
B.
Any
of the following exist:
1.
The
applicant is or has been a registered sex offender, or
2.
Five
years has not expired from either the date the applicant was convicted
of, or completed parole or probation for any offense which relates
directly to the operation of a hotel, motel, or residential hotel/motel
establishment, whether as an owner, operator, or manager, or from
any offense constituting a misdemeanor or felony involving weapons,
narcotics, assault, or crimes of moral turpitude;
C.
The
applicant has, within three years immediately preceding the date of
filing of the application, had a hotel, motel, or residential hotel/motel
permit to operate, or manager's permit, or related permit, which was
issued within the state, suspended or revoked;
D.
The
applicant has knowingly made a material misstatement in the application
for a permit to operate;
E.
There
have been excessive calls for service to the police department within
the twelve months preceding the application with inadequate response
by management or the owners or operators, involving the commission
of crimes, disturbances, public nuisances, or applicable Manteca Municipal
Code violation investigations, which are located, committed, or generated
on the premises of the establishment;
F.
There
have been an excessive number of false fire alarms at the property
with inadequate response by management or the owners or operators;
G.
Failure
to get clearance from San Joaquin County environmental health.
(Ord. 1470 § 1, 2010)
As an alternative to a denial of a permit to operate for failure
to meet the requisite housing, building, health, and fire codes, or
failing to pass an investigation conducted by the police, fire, city
of Manteca building official, or San Joaquin County environmental
health, the city manager or designee may issue a conditional permit
to operate. Said conditional permit to operate shall be issued with
conditions imposed on the operation of the premises. All conditions
shall be complied with in order to maintain the conditional permit
to operate in a valid status. Failure to comply with the imposed conditions
will subject the conditional permit to operate to a suspension and/or
revocation procedures or any other remedy authorized by law. A conditional
permit shall mandate four quarterly inspections, the cost of which
is to be borne by the permittee.
(Ord. 1470 § 1, 2010)
Any person operating a hotel, motel, or residential hotel/motel
establishment shall, during business hours, be responsible for and
provide that any premises used for the purposes of a hotel, motel,
or residential hotel/motel establishment shall be readily accessible
and open for inspection by law enforcement officers or other employees
of the city and San Joaquin County environmental health, who are charged
with enforcement of health and safety or penal laws of the city of
Manteca or state of California.
(Ord. 1470 § 1, 2010)
No person shall operate a hotel, motel, or residential hotel/motel
establishment under any name or conduct business under any designation
not specified in the permit to operate. Any proposed changes shall
be submitted in writing to the city manager or designee at least two
weeks prior to the date the change is to take place.
(Ord. 1470 § 1, 2010)
Upon a request to change the location of a hotel, motel, or
residential hotel/motel establishment, an application to the city
manager or designee shall be made, and such application shall be granted,
provided all applicable provisions of this code have been complied
with and the change of location fee, in an amount established by resolution
of the city council, has been paid to the city.
(Ord. 1470 § 1, 2010)
The sale or transfer of any majority interest in any hotel, motel, or residential hotel/motel establishment shall be reported to the city manager or designee at least two weeks prior to such sale or transfer. A new application, pursuant to Section 5.60.050, shall be filed and an investigation conducted pursuant to Section 5.60.080 as to the person obtaining such interest. If such person satisfies the requirements related to permit to operate applicants, the existing permit to operate shall be endorsed to include such person. A fee in the amount established by resolution of the city council shall be paid to the city for the investigation necessitated by such sale or transfer.
(Ord. 1470 § 1, 2010)
The operator shall display the permit to operate, together with
the permit of each hotel, motel, and residential hotel/motel manager
employed in the establishment, in an open and conspicuous place on
the premises. Passport-size photographs of the operator and permittee
shall be affixed to the respective permit to operate and permits on
display pursuant to this section. Residence addresses of operators
or permittee need not be displayed.
(Ord. 1470 § 1, 2010)
The owner and/or operator of a hotel, motel, or residential
hotel/motel establishment shall maintain a current file of all persons
employed therein. This file shall contain true names and aliases used
by such employees; the age; birth date; height; weight; color of hair
and eyes; home address; phone numbers; Social Security number; the
date of employment and termination; the name and addresses of the
recognized school of hotel/hotel management attended, the date attended,
and the written proof that the hotel, motel, or residential hotel/motel
manager has completed a residence course of study in motel/hotel management.
(Ord. 1470 § 1, 2010)
All operators of existing hotel/motel, and all persons engaged
in the operation of a hotel, motel, or residential hotel/motel establishment,
including managers, in the city, upon the effective date of the ordinance
codified in this chapter, shall file an application and comply with
all requirements of this chapter within one hundred eighty days of
the effective date of the ordinance codified in this chapter.
(Ord. 1470 § 1, 2010)
A.
Any permit to operate issued hereunder may be summarily and temporarily suspended by the city manager or designee in the event it is determined that the holder of such permit has committed any act, which would constitute grounds for denial of a permit to operate pursuant to Section 5.60.140. Any such suspension shall be accomplished by written notification of the suspension and the reasons therefor, sent by certified mail, return receipt requested, to the operator's business address as approved in the permit to operate.
B.
Within twenty-four hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the administrative hearing officer for setting of a hearing, in accordance with the procedures outlined in Title 1 of the Manteca Municipal Code. All hearings shall be held within fifteen business days of the date of mailing of the written notification, unless continued by the mutual consent of the parties.
C.
The
findings and decisions of the administrative hearing officer, upon
an appeal, shall be final and conclusive, but nothing in this code
shall be construed to deprive any person of recourse to the courts
as such person may be entitled to under the law.
(Ord. 1470 § 1, 2010)
As distinguished from the provisions of Section 5.60.230, the city manager or designee may initiate suspension or revocation procedures by sending written notice setting forth the grounds for such suspension or revocation. Said notice shall be sent by certified mail, return receipt requested, to the operator's business address as approved in the permit to operate.
(Ord. 1470 § 1, 2010)
Any permit to operate may be suspended and/or revoked by the
city manager or designee after a review, where it is determined that:
A.
The
operator has violated the provisions of this chapter; or
B.
The operator has committed any act or engaged in action, which would constitute grounds for denial of the permit to operate pursuant to Section 5.60.140; or
C.
The
operator has engaged in fraud, misrepresentation, or false statements
in conducting the hotel, motel, and residential hotel/motel establishment;
or
D.
The
operator has failed to correct a violation within the time period
ordered by the city; or
E.
The
operator has operated or continued to operate the hotel, motel, or
residential hotel/motel establishment without a permit to operate
or after a permit to operate has been suspended; or
(Ord. 1470 § 1, 2010)
A.
The notice of denial, suspension, or revocation of a permit to operate may be appealed by filing the proper appeal in accordance with Title 1 of the Manteca Municipal Code. An appeal must be made in writing, on the proper form, to the City of Manteca, Code Enforcement Department, 1001 W. Center Street, Manteca CA, 95337. There is a nonrefundable administrative hearing fee as established by resolution of the council, which must accompany the appeal form.
B.
The
hearing before the administrative hearing officer shall be held within
fifteen business days following the filing of an appeal. The applicant
shall be given notice of said hearing at least ten business days prior
to the hearing date. Said notice may be by personal service or by
certified mail, return receipt requested.
C.
At the time and place fixed in said notice, or at any time to which the matter may be continued by the mutual consent of the parties, the administrative hearing officer shall hear the applicant and all witnesses, together with any proper documentary evidence offered in support of or against the granting or continuation of a permit to operate. The administrative hearing officer shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for denial of a permit to operate, as set forth in Section 5.60.140, or for the suspension and/or revocation of the permit to operate, as set forth in Section 5.60.250. If, from the evidence, the administrative hearing officer finds grounds exist for the denial, suspension, or revocation of the permit to operate, the hearing officer shall deny the permit to operate or order the suspension and/or revocation thereof. If, following the hearing, the administrative hearing officer determines that no proper grounds exist for the denial, suspension, or revocation of the permit to operate, then the administrative hearing officer shall grant the appeal and cause a permit to operate to be issued or terminate any prior suspension or revocation.
(Ord. 1470 § 1, 2010)
Action taken by the administrative hearing officer with respect
to the granting, denial, suspension, or revocation of a permit to
operate a hotel, motel, and/or a residential hotel/motel establishment
shall be final and conclusive, but nothing in this code shall be construed
to deprive any person of recourse to the courts as such person may
be entitled to under the law.
(Ord. 1470 § 1, 2010)
If revocation or suspension shall occur, the permit to operate
shall be returned to the city manager or designee for cancellation
or holding pending the period of suspension. The city manager may
direct or cause the premises to be closed and locked against use by
the public when deemed reasonably necessary by the city manager in
order to ensure compliance with an order of suspension or revocation.
Said closure of premises to the public shall not exceed ninety days
and may be terminated prior to the expiration of such period upon
request of the owner of the premises accompanied by a statement under
oath that the premises will not be used as a hotel, motel, and residential
hotel/motel establishment during the remainder of the suspension period.
In the event the premises are occupied, relocation benefits may be
due and payable as determined by the city manager or designee, pursuant
to applicable provisions contained in this code.
(Ord. 1470 § 1, 2010)
It is unlawful for any person to act as a hotel, motel, or residential
hotel/motel manager, as defined herein, or night clerk without first
having acquired a valid permit from the city manager or designee and
complying with all of the regulations contained in this chapter.
(Ord. 1470 § 1, 2010)
Any person to be eligible for a hotel, motel, or residential hotel/motel manager's permit must have completed, within sixty days of the application for said permit, a review of an instructive video tape; and, within one hundred eighty days, a residence course of study in hotel/motel management. The residence course of study shall include eight hours of training, consisting of (1) a total of six hours of training to be provided by the city of Manteca fire, police, and code enforcement departments; the San Joaquin County environmental health department; and (2) an additional two hours of hotel/motel management training to be provided by the Manteca Hotel/Motel Association or other recognized group. A certificate of successful completion of this course (or written proof that the applicant has begun a course of study within one hundred eighty days of the date of the applicant's first request for a permit) is to be included with the initial and/or annual application as required by Section 5.60.310(B).
(Ord. 1470 § 1, 2010)
A.
An application
for a manager's permit shall be filed with the city manager or designee
and shall be in writing on forms provided by the city and shall be
accompanied by payment of a fee in an amount as established, from
time to time, by resolution of the city council. Any such application
shall be under oath, in duplicate, and shall contain such information
pertinent to the applicant as the city may require.
(Ord. 1470 § 1, 2010)
A.
In addition
to the investigation undertaken by the city manager or designee, all
applications for work permits for hotel, motel, and residential hotel/motel
managers shall also be referred to the chief of police for investigation
and recommendation. The chief of police shall investigate and ascertain:
1.
Whether
the applicant has, within three years immediately preceding the date
of filing of the application, had any hotel, motel, or residential
hotel/motel establishment operator's or manager's permit suspended
or revoked;
2.
Whether
the applicant has knowingly made a material misstatement in the application
for a permit.
B.
The
police chief shall make a report of the findings to the city manager
or designee, together with any recommendations.
(Ord. 1470 § 1, 2010)
Within twenty days after the filing of an application for a
permit, the city manager or designee shall review the application,
together with the report and recommendation of the chief of police
and shall grant said permit or shall notify the applicant of the denial
of the permit and the grounds for such denial. Said notice shall be
in writing and sent by certified mail to the applicant's mailing address
as set forth in the application.
(Ord. 1470 § 1, 2010)
The following may constitute grounds for denial of a manager's
permit:
A.
If either
of the following exist:
1.
The
applicant is or has been a registered sex offender, or
2.
Five
years has not expired from either the date the applicant was convicted
of, or completed parole or probation for any offense which relates
directly to the operation of a hotel, motel, or residential hotel/motel
establishment, whether as an owner, operator, or manager, or from
any offense constituting a misdemeanor or felony involving weapons,
narcotics, assault, or crimes of moral turpitude;
B.
The
applicant has, within three years immediately preceding the date of
filing of the application, had any similar manager's permit, which
was issued within the state of California suspended or revoked;
C.
The
applicant has knowingly made a material misstatement on the application
for a permit;
D.
The
applicant has permitted or allowed violations of applicable Municipal
Code violations on the premises of other hotels, motels, or residential
hotel/motel establishments where the applicant served as manager and
has failed to respond, address, and/or correct the violations within
a reasonable time when notified by the city.
(Ord. 1470 § 1, 2010)
Any manager's permit issued hereunder may be summarily and temporarily suspended by the chief of police or the city manager or designee in the event that it is determined that the holder of said permit has committed an act or engaged in action, which would constitute grounds for denial of a permit pursuant to Section 5.60.340.
(Ord. 1470 § 1, 2010)
A.
Summary
suspensions shall be accomplished by written notice of the suspension
and the reasons therefor sent by certified mail, return receipt requested,
to the permittee's residence address as set forth in the application
for manager's permit.
B.
Within
twenty-four hours thereafter, a copy of such notice, together with
the reasons for the suspension, shall be transmitted to the administrative
hearing officer for setting of a hearing, in accordance with the procedures
outlined in Title 1 of the Manteca Municipal Code. All hearings shall
be held within fifteen business days of the date of mailing of the
written notification.
C.
The
findings and decisions of the administrative hearing officer, upon
an appeal, shall be final and conclusive, but nothing in this code
shall be construed to deprive any person of recourse to the courts
as such person may be entitled to under the law.
(Ord. 1470 § 1, 2010)
As distinguished from the provisions of Sections 5.60.350 and 5.60.360, the city manager or designee may initiate suspension or revocation procedures by sending written notice setting forth the grounds for such suspension or revocation. Said notice shall be sent by certified mail, return receipt requested, to the permittee's residence address, as set forth in the application for manager's permit.
(Ord. 1470 § 1, 2010)
Any manager's permit may be suspended and/or revoked by the
city manager or designee after a review where it is determined that:
A.
The
permittee has violated any provisions of this chapter; or
B.
The permittee has committed an act or engaged in action that would constitute grounds for denial of the permit, pursuant to Section 5.60.340; or
C.
The
permittee has continued to function as a hotel, motel, or residential
hotel/motel manager after the permit has been suspended; or
(Ord. 1470 § 1, 2010)
Upon revocation or suspension, the manager's permit shall be
returned to the city manager or designee for cancellation or holding
during the period of suspension.
(Ord. 1470 § 1, 2010)
A.
The
notice of denial, suspension, or revocation of a manager's permit
may be appealed by filing the proper appeal in accordance with Title
1 of the Manteca Municipal Code. An appeal must be made in writing,
on the proper form, to the City of Manteca, Neighborhood Services
Division, 1001 W. Center Street, Manteca, 95337. There is a nonrefundable
administrative hearing fee as established by resolution of the city
council, which must accompany the appeal form.
B.
The
hearing before the administrative hearing officer shall be held within
fifteen business days following the filing of an appeal. The applicant
shall be given notice of said hearing at least ten business days prior
to the hearing date. Said notice may be by personal service or by
certified mail, return receipt requested.
C.
At the time and place fixed in said notice, or at any time to which the matter may be continued by the mutual consent of the parties, the administrative hearing officer shall hear the applicant and all witnesses, together with any proper documentary evidence offered in support of or against the granting or continuation of a manager's permit. The administrative hearing officer shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for denial of a manager's permit, as set forth in Section 5.60.340, or for the suspension and/or revocation of the manager's permit, as set forth in Section 5.60.380. If, from the evidence, the administrative hearing officer finds grounds exist for the denial, suspension, or revocation of the manager's permit, the administrative hearing officer shall deny the manager's permit or order the suspension and/or revocation thereof. If, following the hearing, the administrative hearing officer determines that no proper grounds exist for the denial, suspension, or revocation of the manager's permit, then the administrative hearing officer shall grant the appeal and cause a manager's permit to be issued or terminate any prior suspension.
(Ord. 1470 § 1, 2010)
Action taken by the administrative hearing officer with respect
to the granting, denial, suspension, or revocation of work permits
of hotel, motel, and residential hotel/motel managers shall be final
and conclusive, but nothing in this code shall be construed to deprive
any person of recourse to the courts as such person may be entitled
to under the law.
(Ord. 1470 § 1, 2010)
Any person who holds a valid manager's permit may obtain a new
permit for the succeeding year by applying for said new permit during
the thirty days preceding the expiration date of the current permit.
(Ord. 1470 § 1, 2010)
A.
In the
event of a violation of any of the provisions set forth herein, or
upon evidence that there has been a failure to comply with any required
conditions of any permit pursuant to these provisions, in addition
to any other remedies available by law, a hearing shall be scheduled
before the administrative hearing officer, in accordance with Title
1 of the Manteca Municipal Code. Notification of the hearing shall
be in accordance with the provisions contained in Title 1 of the Manteca
Municipal Code.
B.
The
purpose of this hearing is to receive testimony and evidence on whether
violations of any of the conditions of the permit, pursuant to these
provisions, have occurred. After the taking of evidence, the administrative
hearing officer may modify conditions of the permit as part of the
decision, based upon the evidence presented; or alternatively, may
suspend or revoke the permit, pursuant to these provisions.
(Ord. 1470 § 1, 2010)
A.
In the
absence of an imminent health and safety hazard for which immediate
corrective action shall be taken, a violation notice shall be sent
to the operator and manager detailing the corrective action required
and the time frame within which the corrective action shall be taken.
B.
In addition
to any other remedy available by law, any person who violates, or
causes or permits another person to violate any of these provisions,
including any condition of a permit, is guilty of a misdemeanor. Any
violator shall be guilty of a separate offense for each and every
day during any portion of which any violation of any provision of
these regulations is committed, continued, permitted, maintained,
or caused.
C.
Every
day any portion of the premises are not in compliance with the requirement
of this code, shall be considered a separate violation for the purposes
of the preceding penalty schedule.
(Ord. 1470 § 1, 2010)
Any administrative citation issued pursuant to these provisions is appealable under the same procedures set forth in Manteca Municipal Code Section 1.10.440.
(Ord. 1470 § 1, 2010)
All permits issued pursuant to this chapter shall expire one
year from the date of issuance and must be renewed annually, and are
not transferable. Applications for renewal shall be filed thirty days
from the expiration of the current permit in the same manner as applications
for initial permits and subject to the same procedures, rules, and
regulations provided for in this chapter. For initial permits beginning
January 1, 2011, applications shall be filed prior to December 1,
2010. Each hotel, motel, or residential hotel/motel establishment
shall be issued a temporary permit until an inspection is made of
that premises.
(Ord. 1470 § 1, 2010)
The permit required by the provisions of this chapter shall
be in addition to any other licenses or permits that may be required
by other provisions of the Manteca Municipal Code or rules, laws or
regulations of the state or federal government.
(Ord. 1470 § 1, 2010)
