Chapter 17-64


17-64-010    Revocation or denial of license.

17-64-010 Revocation or denial of license.

A.    If upon reinspection of the rental structure, the code official finds that conditions or practices remain which are in violation of any applicable regulations, the code official shall serve the owner or operator with a final notice of violation. The notice shall state that unless all violations are corrected within a reasonable time of not less than five days and not more than thirty (30) days, the operating license will be revoked. In the case of a renewal, the notice shall state that the license will be denied.

B.    At the end of the time allowed for correction of any violation cited, the city shall reinspect the rental structure and if it is determined that the violations have not been corrected, an order shall be issued revoking or denying the operating license. The order shall take effect within seven working days of the property owner’s receipt of the notice unless a hearing is requested as set forth in subsection C of this section.

C.    Any person whose license to operate a rental structure is subject to revocation or denial shall be entitled to a hearing on the revocation or denial action by filing with the department of planning a written request for a hearing within seven working days of receipt of the revocation order. Upon receipt of the request, the hearing shall be scheduled a date not more than twenty-one (21) business days thereafter. Upon completion of the hearing, the hearing officer may either:

1.    Confirm the revocation or denial;

2.    Hold the revocation in abeyance and allow additional compliance time not to exceed thirty (30) days;

3.    Rescind the revocation or issue the license; or

4.    A conditional license may be issued subject to any conditions deemed appropriate by the hearing officer.

D.    If a timely request for a hearing is not filed then the revocation or denial order shall be permanent.

E.    In the event an operating license is revoked or denied then:

1.    No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within the rental structure; and

2.    The city shall have the right to proceed under Chapter 17-44 of this title.

F.    A license, which has been revoked or denied, shall not be reinstated. The property owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license.

G.    Whenever a license is revoked or denied, the code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent application. This notice shall be sent by registered mail, return receipt requested. The code official shall also notify all tenants of the rental residential structure by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following statement:

You are hereby notified that the license for this structure has been revoked or denied pursuant to Section 17-64 of the City of Harvey’s Municipal Code. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within this building.

H.    If the owner has requested a hearing before the hearing officer and is dissatisfied by the hearing officer’s decision, the owner may appeal the decision to the mayor. (Ord. 3122 § 1 (part), 2004)