O'Fallon CHAPTER 120: RESIDENTIAL RENTAL LICENSES § 120.11

(A) Any owner may appeal to the city’s hearing officer a suspension, revocation or denial of a residential rental license by the Director of Public Safety. Appeal to the hearing officer shall be made within 15 days of the suspension, revocation or denial complained of by filing with both the hearing officer and the Director of Public Safety a written notice of appeal, specifying the grounds thereof.


(B) Any such appeal shall be based solely upon and shall state a claim that:


(1) The true intent of this chapter or the rules or regulations adopted pursuant thereto have been incorrectly interpreted;


(2) The provisions of this chapter do not apply; or


(3) Criminal violations sufficient to allow for evictions under the crime-free lease addendum were not established with the requisite standard of proof.


(C) A non-refundable fee, as prescribed in the residential rental license fee schedule established by a written order or resolution of the City Council, shall be paid at the time of filing of any appeal as otherwise established for appeals to the hearing officer.


(D) Upon receiving a timely-filed notice of appeal, the Director of Public Safety shall transmit to the hearing officer all papers constituting the record upon which the suspension, revocation or denial was taken.


(E) An appeal shall stay any suspension of revocation appealed from, unless the Director of Public Safety certifies to the hearing officer after the notice of appeal has been filed that, by reason of facts stated in the certificate, the stay would, in his or her opinion, cause eminent peril to life, property or public safety, in which case the suspension or revocation shall not be stayed otherwise than by a restraining order which may be granted by the hearing officer or by a court of record on application, or notice to the Director of Public Safety and on due cause shown.


(F) The hearing officer shall act upon any appeal hereunder within 30 days of receiving a timely-filed notice of appeal by conducting a hearing upon such appeal, except such hearing may be extended to a later date upon application to the hearing officer for cause. The hearing shall be conducted according to the following procedures.


(1) Hearings conducted by the hearing officer shall be open to the public, held at the call of the hearing officer and at such times as he or she may determine. Any interested person may appear in person or by duly authorized agent or attorney. All testimony before the hearing officer shall be given under oath. The hearing officer shall administer oaths and may compel attendance of witnesses. The hearing officer shall keep minutes of his or her proceedings and other official actions. The hearing officer shall adopt his or her own rules and procedures, not in conflict with this chapter or applicable state statutes.


(2) The hearing officer may reverse or affirm, wholly or partly, or may modify or amend the suspension, revocation or denial appealed from to the extent and in the manner that the hearing officer determines is necessary to conform with the intent and requirements of this chapter. Unless otherwise required by law, no challenge to any decision subject to this section shall filed in any court until or unless a timely appeal has been filed and prosecuted to completion by the owner as provided for in this section so as to establish a final appealable decision.


(3) Every decision by the hearing officer on an appeal hereunder shall be accompanied by findings of facts and shall refer to any exhibits presented at the hearing upon which the hearing officer’s decision is based. Such exhibits shall remain a part of the permanent records of the hearing officer. The findings of facts shall specify the reason or reasons for hearing officer’s decision. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. Every decision or determination of the hearing officer shall immediately be filed with the Director of Public Safety and the City Clerk and shall be a public record and thereupon shall be a final decision of the city.


(Prior Code, § 120.11) (Ord. 3657, passed 3-1-2010; Ord. 3797, passed 5-6-2013; Ord. 4037, passed 5-7-2018)