10 - Request for Creation of a Safe Zone at hotel and apartment housing

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(Ord. No. 9111-2010, § 1, 10-19-10; Ord. No. 9684-2014, § 1(exh. A), 3-18-14; Ord. No. 10036- 2016, § 1, 5-3-16) Sec. 28-14. - Lodging permit—Grounds for denial. The housing and neighborhood services director may deny a lodging permit (during the application process of any new property owner) to Tier 1, Tier 2, and Tier 3 hotels for any of the following reasons: (1) The hotel as proposed by the applicant does not comply with the minimum requirements of Tier 3 standards; (2) The owner/operator and/or their property managers is or has been a registered sex offender; (3) Three (3) years has not expired from either the date the applicant and/or their managers was convicted or completed parole or probation for any offense which relates directly to the operation of a hotel, whether as an owner, operator, or manager, or from any offense constituting a class B (or higher) misdemeanor related to drugs and/or prostitution or felony involving weapons, narcotics, assault, or crimes of moral turpitude; (4) The applicant has, within three (3) years immediately preceding the date of filing the application, had a lodging permit suspended or revoked in any jurisdiction; (5) The applicant has knowingly made a material misstatement in the application for the lodging permit; or (6) Tier 3 hotels may also be denied a lodging permit to operate if their summary grading score falls to a Tier 3 level based on CFS ratio and the hotel fails to meet the Tier 1 or Tier 2 CFS ratio within twelve (12) months of being notified of their Tier 3 standing. (Ord. No. 9111-2010, § 1, 10-19-10) Sec. 28-15. - Lodging permit—Revocation. (a) The housing and neighborhood services director may have a hotels lodging permit revoked (at any time for cause) if the owner or operator is convicted of drug related or prostitution related crimes. (b) A Tier 3 hotel may have their lodging permit revoked by the housing and neighborhood services director if the property is not improved to a minimum Tier 2 rating by the next annual inspection date. (c) In processing a revocation the housing and neighborhood services director shall prepare an investigation report that details the circumstances that have led to the revocation. It may include, but not be restricted to, any or all of the following: (1) Frequency or occurrence of violation(s), arrest(s), or call(s) for service; (2) Seriousness of the violation(s), arrests(s), or call(s) for service; (3) History of violation(s), arrest(s), or call(s) for service; (4) Any activity, action or effort taken by the responsible party to obstruct or interfere with correction of the problem; (5) The impact of the violation(s), arrest(s), or call(s) for service on the surrounding property and community; (6) The financial impact to the city. (d) Upon notice of revocation, the owner may appeal the revocation within twenty (20) days to the municipal court. If the revocation is sustained or not appealed, it remains in effect for twelve (12) months.