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File Number: 19-280 <br />A permit issued pursuant to this Chapter shall be subject to suspension, revocation, or <br />modification for the violation of any provision of the Municipal Code or for any grounds which <br />would warrant the denial of the issuance of such original permit. Code Enforcement or the Police <br />Department may issue notices of violation or take any enforcement action necessary for any <br />failure to comply with any requirement of this Chapter, violations of any State law, local ordinance <br />or regulation, or any condition of the permit. Notices of violation shall set forth the action <br />necessary to come into compliance and a time frame for compliance. If the noncompliance is not <br />abated, corrected, or rectified within the time specified by Code Enforcement in the said notice, <br />or the Police, or any other regulatory authority, the Finance Director may revoke, suspend, or <br />modify the permit, upon 7 days’ notice. If the Director decides to suspend or revoke the permit, <br />the permittee shall cease 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 />4-40-210 Definitions. <br />As used in this Article: <br />a) “Hosted” means that the primary occupant of the dwelling within which the rental takes <br />place occupies the dwelling during the entire rental period. <br />b) “Non-hosted” means that the primary occupant of the dwelling within which the rental takes <br />place is absent from the dwelling for some or all of the rental period. <br />c) Dwelling, Duplex. A building containing two (2) dwelling units. <br />Page 6 City of San Leandro Printed on 5/29/2019 <br />736