07-28-2025 - Agenda Packet City Council - regular meeting

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N r BUSINESS, LICENSING, LIQUOR REGULATION license application or license fee, or provides false or misleading informa- tion. C. A development contract or land use requirement that restricts rental units. d. The applicant fails to meet or comply with the license standards enumer- ated in subsection (7) of this sec- tion. The applicant fails to take any action required by section 4.04.480. (9) Consideration of suspension or revoca- tion. At any time during the license period, if a rental property does not meet or exceed the criteria established for the current license, the license may be brought forth to the city council for consideration of license suspension or revocation. (Code 2003, § 26-82; Ord. No. 204(3rd series), § 1, 3-27-2018) Sec. 4.04.440. Exceptions. A property owner that leases the subject property as set forth on the following list is exempt from the rental licensing requirements of this article but not other regulations or codes applicable to structures or properties: (1) Retail/commercial/industrial rental activi- ties. (2) Rental property which is licensed as a nursing home or boarding care home by the state department of health and state - licensed residential facilities. This excep- tion shall not apply if no services are provided to the tenants, or the services are incidental to, or independent of, the landlord/tenant relationship. (3) Residential property that is occupied by the owner or the owner's qualifying rela- tive and two or less tenants where the owner and the tenants share all living space within the dwelling. (4) Residential property that has been sold on contract for deed so long as the vendee occupies the property and the sale docu- § 4.04.450 ment used to memorialize the sale is a state uniform conveyancing blank or is recorded with the county recorder's office and a copy is provided to the city upon request. (5) Residential property that is owned by a person commonly referred to as a "snowbird" when the property is rented or occupied to another person for a period of less than 120 consecutive days while the owner is residing out of the state. The owner must occupy the property during the remainder of the year. (6) Dwellings owned by a member of the United States armed services who is on active duty and the property is rented to another person during the time of active duty. The owner must provide the city with a copy of the owner's current military orders and must occupy the property when not on active duty as the owner's primary residence. (Code 2003, § 26-83; Ord. No. 204(3rd series), § 1, 3-27-2018) Sec. 4.04.450. License suspension, revoca- tion, and nonrenewal. (a) The actions enumerated in subsection (b) of this section by property owners or license holders are misdemeanors and are subject to civil penalties, may constitute the basis for suspen- sion, revocation, or nonrenewal of licenses, and may result in injunctive action by the city. The property owner shall be responsible for the conduct of its agents and employees while engaged in normal business activities on the licensed premises. Any violation of this article shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license suspension or revocation. If a license is suspended or revoked, it is unlawful for the owner to permit new occupancy of any vacant rental unit, or any units that become vacant during the license injunction. (b) Basis for sanctions. The city administra- tor or designee may revoke, suspend, or decline to renew any license issued under this article for CD4:11