2022-01-26 City Code - Laserfiche WebLink

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(c) Establish a reasonable time for the correction of the violation and notify of appeal recourse; and (d) Be served upon the owner or its agent or the occupant, as the case may require, and the notice shall be deemed to be properly served upon the owner or agent, or upon any occupant, if a copy thereof is: 1. Served upon the owner, agent or occupant personally; or 2. Sent by certified mail to its last known address. (D) Right of appeal. When it is alleged by any person to whom a compliance order is directed that the compliance order is based upon erroneous interpretation of this chapter, the person may appeal the compliance order to the City Council sitting as a Board of Appeals. The appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution of the City Council, from time to time, in cash or cashierÓs check, and must be filed with the Compliance Officer within five business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless a stay would cause imminent peril to life, health or property. (E) Board of Appeals decision. Upon receipt of an appeal of a compliance order a hearing shall be held before the City Council, serving as the Board of Appeals, at its next regularly scheduled meeting. The Board of Appeals shall make a determination concerning the validity of the appeal. The Board of Appeals may reverse, modify or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. (F) Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental dwelling, or rental dwelling unit, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless the owner shall furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the rental dwelling, or rental dwelling unit, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice upon the person and shall be liable to all penalties and procedures provided by this chapter. (G) License suspension or revocation. (1) A license issued under the provisions of this chapter shall be subject to suspension or revocation by the City Council for violation of any provisions of the City Code or laws of the state. (2) In the event that a license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or its duly authorized agent to thereafter permit any new occupancy of a vacant or thereafter vacated rental unit until the time as a valid license may be restored by the City Council. 234΋tğŭĻ