108-11-12 License Suspension, Revocation, and Appeal

A. Grounds. 1. Material misrepresentation or omission in an application, renewal, inspection, or investigation; 2. Failure to maintain compliance with this Chapter, the STR license, approved plans, or conditions of approval; 3. Failure to maintain a valid business license or STR license; 4. Failure to remit applicable taxes or provide required evidence of tax compliance; 5. Three (3) verified violations within any twelve (12) month period; 6. Two (2) verified violations involving life-safety, fire safety, unlawful occupancy, or material threats to persons or property within any twelve (12) month period; 7. Operation during a suspension or after denial, expiration, or revocation of a license; 8. Failure of the Responsible Agent to respond or make good-faith efforts to resolve complaints as required by this Chapter; or 9. Any other ground authorized by this Chapter, Title 14, Section 102-4-3, or applicable law. Revised Chapter 108-11 - Short-Term Rentals | Legal Review Draft B. Emergency suspension. The City may immediately suspend an STR license and order cessation of short-term rental occupancy if the City, Building Official, Fire Authority, law enforcement, Health Department, or other agency with jurisdiction determines that continued operation creates an imminent or material threat to life, health, safety, property, or public welfare. The City shall provide written notice stating the basis for the emergency suspension, required corrective action, and appeal rights as soon as reasonably practicable. C. Non-emergency suspension or revocation procedure. 1. The City shall provide written notice of the proposed suspension, revocation, or nonrenewal, including the grounds, supporting facts, proposed action, and appeal rights. 2. The owner shall have a reasonable opportunity to respond and request a hearing before the appeal authority or hearing officer designated by the City. 3. The City shall issue a written decision after any hearing or after expiration of the time to request a hearing. 4. Suspension, revocation, and appeal proceedings shall follow Section 102-4-3 and any applicable businesslicense appeal procedure, except where this Chapter provides more specific requirements. D. Effect of revocation. Upon revocation, the owner and property are ineligible for a new STR license for two (2) years from the effective date of revocation, unless a shorter period is required by state law or the City Council grants relief based on written findings that the grounds for revocation have been fully cured and reissuance will not create a threat to health, safety, welfare, or neighborhood compatibility. E. Operation during appeal. Unless the City determines that continued operation presents an imminent or material threat to life, health, safety, property, or public welfare, a timely appeal stays a non-emergency revocation or suspension until the appeal is resolved. An emergency suspension is not stayed unless ordered by the appeal authority or a court of competent jurisdiction. Sec. 108-11-13. Administration; Forms; Non-Waiver. The Planning Department may prepare forms, checklists, notices, good-neighbor materials, and administrative guidance to implement this Chapter. Administrative materials shall be consistent with this Chapter and applicable law. Failure by the City to enforce any provision in a particular circumstance does not waive the City’s authority to enforce that provision in any other circumstance. Sec. 108-11-14. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Chapter is held invalid or unconstitutional by a court of competent jurisdiction, the remainder of this Chapter shall remain in full force and effect. The City Council declares that it would have adopted each valid portion of this Chapter independently of any invalid portion. Revised Chapter 108-11 - Short-Term Rentals | Legal Review Draft