Batavia CHAPTER 27 MULTIPLE FAMILY RENTAL BUILDINGS § 3-27-8

A. If a determination is made to suspend a rental license, notice shall be served in writing on the owner and/or the designated agent stating the reasons for the suspension and the length of the suspension. Service shall be effective on the date:


1. Three (3) days after mailing if service is made by mail and the notice is placed in the mail with postage prepaid addressed to the owner and/or the designated agent at the address identified in the rental license application for the owner and/or the designated agent;


2. Of service if the notice is served by personal delivery to the owner and/or the designated agent, or an agent or employee of the owner and/or the designated agent, at the location in the County identified in the rental license application.


B. The owner has a right to appeal the suspension of a rental license by filing a written notice of appeal with the Community Development Department within five (5) business days from the date of service of the suspension notice stating the reasons for the appeal. Following receipt of a notice of appeal, a hearing date shall be scheduled by notice in writing to the licensee from the City Administrator. The City Administrator shall render a decision on the appeal in writing within five (5) business days after the hearing.


C. If a determination is made to revoke a rental license, notice shall be served in writing on the owner and/or designated agent, to be served as provided in subsection A of this section, stating the reasons for the revocation and setting a hearing date in front of a Hearing Officer designated by the City Council. Following the hearing, the Hearing Officer shall make a determination, which determination shall be given in writing to the licensee and/or designated agent and City Council.


D. The owner may appeal the determination of the Hearing Officer by filing a written appeal with the City Administrator within ten (10) business days from the date of service of the written determination. The City Administrator shall be allowed opportunity to respond in writing, and the owner shall be allowed an opportunity to respond in writing to the City Administrator's response. The City Council will entertain the written appeal without further hearing and shall make a determination upon the written appeal of the licensee, which determination shall be final, subject to appeal by judicial review.


E. At any suspension or revocation hearing, the owner shall be entitled to hear the evidence in support of the suspension or revocation and to present evidence and testimony and call witnesses to defend and rebut the evidence in support of the suspension or revocation. The strict rules of evidence do not apply. (Ord. 13-42, 11-4-2013, eff. 12-1-2013)