Order to remedy; operating permit suspension and revocation.
(1) Whenever the Code Enforcement Officer finds that there has been a violation of this section, the Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity in violation of this section.
(2) An order to remedy shall be in writing; identify the property or premises; specify the condition or activity that violates this section; shall specify the provisions of this section which are violated by the specified condition or activity; shall include a statement that the violations must be corrected within 30 days after the date of the order to remedy; may direct the person served with the order to begin to remedy the violation(s) immediately or within some other stated period of time that can be less than 30 days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time.
(3) The order to remedy, or a copy thereof, may be served within five days after the date of the order to remedy by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca.
(4) In case the owner, operator, or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the order to remedy, a request to take appropriate legal action may be made to the Attorney for the Town of Ithaca, and/or the Code Enforcement Officer may initiate the process to suspend or revoke an operating permit, if the suspension/revocation process has not already been instituted.
(5) Suspension and revocation of operating permit.
(a) An operating permit may be suspended or revoked pursuant to Town of Ithaca Code Chapter
125 (Building Construction and Fire Prevention), §
125-8. In addition to the reasons for suspension and revocation in that section, an operating permit may be suspended or revoked if the owner of a dwelling unit used or offered for short-term rental use fails to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, to maintain a valid operating permit after it is granted throughout the period that such unit is used or offered for a short-term rental use, or to otherwise comply with this section.
(b) To initiate the process to suspend or revoke an operating permit, the Code Enforcement Officer shall issue a notice of intent to suspend or revoke the operating permit. The notice of intent to suspend or revoke shall describe the violation and require the operating permit holder to immediately correct the violation or cause the violation to be corrected.
(c) The notice of intent shall be provided to the operating permit holder by personal service, by registered or certified mail to the address submitted with the permit application, or by posting on the premises at issue.
(d) If the operating permit holder fails to immediately correct the violation or cause the violation to be corrected, the Code Enforcement Officer shall suspend or revoke the permit.
(e) An operating permit holder shall be entitled to request a hearing on suspension or revocation before the Town Board, upon application made to the Town Clerk demonstrating that the operating permit holder was not in violation. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of the permit holder's receipt of the notice of intent or of posting, whichever occurs earlier. Any suspension or revocation remains in effect unless modified by the Town Board. Within 30 days of the permit holder's written request, the Town Board shall hold a hearing to determine whether to reverse the suspension or revocation. The Town Board shall issue its written decision within 15 days after the hearing.
(f) The owner of a dwelling unit for which a short-term rental operating permit has been revoked for the first time may not reapply for a new operating permit until one year after such revocation.
(g) The owner of a dwelling unit for which a short-term rental operating permit has been revoked at least once before may not reapply for a new operating permit until five years after such revocation.
