§ 13-187. License suspension or revocation; procedure; revalidation and reissuance.

(a)

A license once issued or reissued may be suspended or revoked upon a finding by the Director that one (1) or more of the requirements of this Code has been violated, where the violations constitute a serious threat to the health and safety of the occupants, or upon the unreasonable failure of the licensee to comply with a notice of violation.

(1)

A license may be suspended immediately without hearing upon written notice to the landlord setting forth the grounds for the suspension. The suspension shall terminate and the license shall be revalidated immediately upon correction by the landlord of the violations causing the suspension. The suspension shall expire and the license shall automatically be revalidated in thirty (30) days unless, during that period, the Director initiates action to revoke the license by sending notice of hearing as provided in subparagraph (2), below.

(2)

No license shall be revoked hereunder without the Director first holding a hearing to consider the action and giving the licensee at least five (5) working days written notice of the time, place, and date of the hearing. The notice shall set forth the grounds for the revocation. Once a license has been revoked, the Director may proceed with appropriate enforcement action as provided.

(b)

Reissuance of a license that has been revoked, or denied upon application for renewal, shall be subject to payment of the full amount of the applicable license and inspection fee except that, at the discretion of the Director, the license may be reissued on a six (6) month basis. When an inspection confirms that a property on a six (6) month licensing schedule is being maintained to Code standards it shall then be placed on an annual licensing schedule for a period not to exceed three (3) years. The fee for such six (6) month or annual license shall be the same as normally required for a two year license and shall double, progressively, for any subsequent denial or revocation which may occur prior to expiration of the six (6) month or three (3) year annual licensing term. Such a decision of the Director may be appealed to the Board of Administrative Appeals if filed within thirty (30) calendar days.

(c)

When a license has been suspended or revoked or an application for a license has been denied, it shall be unlawful for the licensee or any person to let for occupancy or use any dwelling unit then vacant or becoming vacant until a license has been reissued or revalidated.

(d)

Upon suspension, revocation, denial, or expiration of a license, a notice, provided by the Department of Permitting, Inspections, and Enforcement, shall be posted and publicly displayed in the rental office or upon the property, as the Director determines, which shall state as follows:

"OCCUPANCY OF ANY DWELLING UNIT IN THIS BUILDING/PROJECT NOW VACANT OR BECOMING VACANT IS UNLAWFUL UNTIL A LICENSE TO OPERATE HAS BEEN OBTAINED AND IS DISPLAYED ON THE PREMISES."

 

It shall be unlawful for any person to remove such notice until a license has been obtained.

(e)

Any issued license which is suspended or revoked shall be returned to the Director.

(f)

The notice of suspension, revocation, or denial of a license shall advise the person notified of his right of appeal of such notice in accordance with Section 111.1 of the Housing Code.

(Gen. Res. No. 4-1970, Sec. 1; CB-152-1972; CB-108-1979; CB-65-1981; CB-81-1983; CB-86-1985; CB-109-1985; CB-79-1992; CB-39-2001; CB-18-2013)

Editor's note

The provisions of Subsection 13-187(b) are set out above following the text of CB-109-1985. Earlier language contained in CB-86-1985 is considered to have been superseded by the later enactment, CB-109-1985.