Summit — Ch. 7-17 Rental Occupancy License Program § 7-17-12

Upon the determination by the Building official that there is reasonable cause to believe that a rental occupancy permit and/or code compliance report should be revoked, suspended or not renewed because of a violation of this Chapter, notice of a hearing, together with a written statement of charges, shall be sent to the owner, manager or agent and the tenant(s). The hearing officer designated under this code shall act as the hearing officer. Such a hearing shall be held not less than five (5) calendar days after notice of time, place and subject of the hearing has been received by the owner, manager or agent and tenant, at their last known address or business address. The village's representative shall present evidence in support of the suspension, revocation or nonrenewal, and the owner, manager, agent and/or tenant shall be permitted to rebut such evidence and present any other evidence that is relevant and material. Based on the evidence presented at the hearing, the hearing officer shall issue a written decision. The hearing officer's decision shall be final and binding unless appealed as hereinafter provided. The suspension or revocation of any rental occupancy permit and/or code compliance report shall not release or discharge the owner, manager, agent or tenant, as appropriate, from paying any fees due under this Chapter, nor shall such owner, manager, agent or tenant be released from prosecution for violating this Chapter. 
If the hearing officer determines that a violation has occurred, the hearing officer may fine the violator and may also revoke, suspend or refuse to renew the rental occupancy permit and/or code compliance report or may allow a time certain for abatement of the nuisance (the "cure period"). If a cure period is allowed by the hearing officer, immediately upon termination of the cure period, the policeman, code enforcement officer, or inspector of the building department who served the notice, or any other policeman or inspector who shall be assigned by the police (the "village code official"), shall investigate to determine whether or not the nuisance complained of has been abated. 
In the event the person upon whom notice has been served pursuant to this Chapter has failed within the prescribed time to demonstrate that the nuisance has been abated, in addition to the payment of any fines or costs ordered by the hearing officer as a penalty, the village code official may request that the village attorney seek a restraining order and a preliminary injunction, as well as a permanent injunction, before a court with proper jurisdiction over such an action in order to remedy and abate the violation and to enjoin further violations of this Chapter. 
The hearing officer's decision may further authorize the village to recover any expenses incurred by the village in abating a public nuisance under the provisions of this Chapter or as authorized by any other applicable law or ordinance. 
Any person whose rental occupancy permit and/or code compliance report has been suspended or revoked or not renewed by the hearing officer after a hearing under this section may appeal the hearing officer's decision to the board of trustees by filing a written notice of appeal with the village board within three (3) business days of the person's receipt of the hearing officer's decision. The board of trustees, or its designated hearing committee, shall review the hearing officer's decision and may affirm or reverse the decision or remand it to the hearing officer for further action or review. (Ord. 20-O-03, 1-6-2020)