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10A Action 2019 0506
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10A Action 2019 0506
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5/2/2019 10:55:48 AM
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4/30/2019 3:19:07 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
5/6/2019
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File Number: 19-219 <br />approval, and to assess any outstanding violations or complaints. The Finance Director <br />may request additional information from the permittee in order to complete the review. To <br />renew a short-term rental permit, the Finance Director and the Community Development <br />Director must make the same findings as for approval of an initial permit. <br />d)Upon completion of the review, the Finance Director shall determine whether to renew the <br />application, and shall promptly inform the renewal applicant of his/her decision. If the <br />permit is renewed, the Director shall provide a new permit for the renewal period. In <br />renewing the short-term rental permit, the Director may modify or delete any existing <br />conditions of approval, and impose any new conditions of approval, as they deems <br />appropriate. If the permit is not renewed, the Director shall provide a written explanation to <br />the renewal applicant detailing the reasons for the non-renewal. If the permit is not <br />renewed, the renewal applicant shall immediately cease operating the hosted short-term <br />rental. <br />4-40-180 Suspension, Revocation or Modification of Permit. <br />A permit issued pursuant to this Chapter shall be subject to suspension, revocation, or <br />modification for the violation of any provision of this code or for any grounds which would warrant <br />the denial of the issuance of such original permit. Code Enforcement or the Police Department <br />may issue notices of violation or take any enforcement action necessary for any failure to comply <br />with any requirement of this Chapter, violations of any State law, local ordinance or regulation, or <br />any condition of the permit. Notices of violation shall set forth the action necessary to come into <br />compliance and a time frame for compliance. If the noncompliance is not abated, corrected, or <br />rectified within the time specified by Code Enforcement in the said notice, or the Police, or any <br />other regulatory authority, the Finance Director may revoke, suspend, or modify the permit, upon 7 <br />days’ notice. If the Director decides to suspend or revoke the permit, the permittee shall cease <br />operation of the short-term rental immediately. <br />Revocation of a permit shall be a permanent bar to obtaining any new short term rental permit. <br />4-40-190 Appeals. <br />a)A decision of the Director on a new short-term rental permit pursuant to Section 4-40-150 <br />may be appealed to the City Manager. The decision of the City Manager shall be final. <br />b)If the Community Development Director refers a new short-term rental permit application to <br />the Board of Zoning Adjustments / Planning Commission for consideration pursuant to <br />Section 4-40-150, the decision of the Board of Zoning Adjustments / Planning <br />Commission may be appealed to the City Manager, whose decision shall be final. <br />c)A decision by the Finance Director to revoke, suspend, or modify a short-term rental <br />permit pursuant to Section 4-40-180 may be appealed to the Administrative Hearing <br />Board in accordance with Chapter 1-12. The decision of the Administrative Hearing <br />Board shall be final. If the Administrative Hearing Board issues an order to revoke or <br />suspend the permit, the permittee shall cease operation of the short-term rental <br />immediately. <br />4-40-200 Enforcement. <br />The City Attorney shall have authority to initiate a civil action to enforce the provisions of this <br />Chapter without prior City Council approval. <br />Page 5 City of San Leandro Printed on 4/30/2019
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