Title 5 - Business Licenses and Regulations

5.75.100  Denial, Revocation or Suspension of Rental License.

After issuing notice and giving an opportunity to be heard, the City may deny, suspend or revoke a Rental License as follows:

A. Notice – The City will issue written notice to the Owner that the Rental License will be denied, suspended or revoked and the reason(s) therefore, unless the Owner makes a timely request for a hearing by filing a hearing request within ten (10) calendar days after being served said notice. The notice of denial, revocation or suspension shall be served upon the Owner in person or by certified mail. It shall not be a defense to any administrative action taken that the Owner did not receive the notice, provided it was served in compliance with the information on file from the last rental application (or any supplement thereof). The notice shall provide:

1.  The effective date of the denial, suspension or revocation and the address(es) or other identifying criteria of the Rental Dwelling(s) affected by the denial, suspension or revocation;

2.  The specific reasons for the denial, revocation or suspension, including copies of any applicable inspection reports;

3.  A statement that any rental of the Rental Dwelling while the Rental License is denied, suspended or revoked may subject the Owner to prosecution; and

4.  A description of how to request a hearing as set out below.

B. Hearing Request – Any request for hearing shall be in writing and shall set forth in sufficient detail why the Owner believes that City's Notice of Denial, Suspension or Revocation was issued in error, or why the proposed action is excessive, inappropriate, or unreasonable. The request for hearing will be filed with the Director, and shall stay any administrative enforcement action under this Chapter until the Director has issued a final order. If the Owner fails to make a timely request for a hearing, the Director shall deny, suspend or revoke the Rental License in accordance with the notice.

C. Hearing – Upon receipt of a timely request for a hearing, the Director shall set the matter for hearing before the Director (or designee). After the hearing, the Director has the authority to deny, revoke or suspend the Rental License if:

1.  There are City Code violations on the Premises; or

2.  The Owner has failed to comply with any requirements of this Chapter.

D. Appeals – Persons aggrieved by a decision of the Director may appeal as set out in Section 5.75.130.

E. Dangerous or Unsafe Conditions – Notwithstanding the procedure for denial revocation or suspension set out above, whenever a Rental Dwelling is determined by the Code Official to be dangerous or unsafe pursuant to applicable City Code or Kansas Statutes, the Rental License shall immediately be suspended on the effective date of said determination, and the Rental Dwelling shall not be occupied until after an inspection by the Code Official and approval of the remedy of any conditions that caused the dangerous or unsafe condition.

(History: Ord. RLI-3120 §10, 2016)

Effective on: 2/23/2016