Rosemont CHAPTER 5: RESIDENTIAL RENTAL REGULATIONS § 4-5-10

A. The Department may revoke a residential rental license if the licensee or the premises, or any part thereof, covered by the residential rental license violates this chapter or any other applicable ordinance, law, rule or regulation and has not been corrected as provided in section 4-5-9 of this chapter or the premises or any part thereof covered by the residential rental license is in violation of section 4-5-14 of this chapter. In the event the Department determines that revocation of a residential rental license is appropriate, he shall send a notice by certified mail, return receipt requested, to the licensee at the address specified on the last residential rental license application filed by the licensee unless the licensee has notified the Department in writing that notices relating to the premises covered by the residential rental license are to be sent to another address. The notice shall state the reason the residential rental license is to be revoked and shall state that the revocation shall become effective fifteen (15) days after the date the notice was mailed, unless the licensee files a notice with the Department within the fifteen (15) day period which requests that the Village President appoint a hearing officer to hear evidence and make a report and recommendation to the Village President as to whether the license should be revoked.


B. If a licensee timely files a notice with the Department of Public Safety requesting that the Village President appoint a hearing officer to hear evidence and to make a report and recommendation to the Village President as to whether the residential rental license should be revoked, the revocation shall not become effective until such time as the Village President issues a written decision revoking the license.


C. If a licensee files a notice with the Department of Public Safety requesting that the Village President appoint a hearing officer to hear evidence and to make a report and recommendation to the Village President as to whether the residential rental license should be revoked, the Village President shall appoint a hearing officer. The hearing officer may be an employee of the Village, but shall not be employed in the Department. The hearing officer shall schedule a hearing at which the licensee and the Department shall be entitled to present evidence as to whether the residential rental license should be revoked. The hearing officer shall cause written notice of the hearing to be given to the licensee and to the Department not less than seven (7) calendar days prior to the date which the hearing is scheduled to begin. The licensee and the Department shall each be entitled to be represented by an attorney at the hearing. The rules of evidence applicable in courts of law shall not apply to the hearing, but shall be probative as well as relevant, material and germane.


D. Following the conclusion of the hearing, the hearing officer shall submit a report to the Village President summarizing the evidence presented at the hearing, making any determinations that may be required as to the credibility of witnesses and making a recommendation as to whether the residential rental license should be revoked.


E. The Village President shall, after the report is submitted by the hearing officer, issue a written decision affirming or reversing the decision of the Department of Public Safety to revoke the residential rental license.


F. A new application for an initial residential rental license for any premises for which a prior residential rental license has been revoked may be submitted, but no sooner than six (6) months after the effective date of the revocation of the prior residential rental license. No residential rental license shall be issued for any premises for which a prior residential rental license was revoked unless the Department of Public Safety determines that all of the conditions that led to the revocation of the prior residential rental license have been corrected, and that there is a reasonable likelihood that such conditions will not recur should a new residential rental license be issued for the premises.


(Ord. 2007-3-6H, 3-6-2007)