§ 117.04. DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS.
(A)
A permit application may be denied for the following reasons:
(1)
The application for permit is not fully completed and executed, with the Landlord Permit Affidavit;
(2)
The applicant has not tendered the required application fee with the application;
(3)
The application for permit contains a material falsehood or misrepresentation;
(4)
The use is not allowed in the zoning district;
(5)
The applicant had their landlord permit revoked within the last twelve (12) months as set forth in Section 117.04(B) below.
(B)
Permits may be revoked for the following reasons:
(1)
Violations of the City's Ordinances or State laws where the violation takes place at a unit regulated by Chapter 117 of the Code of Ordinances of the City of Delray Beach shall be grounds for applicable fines and the commencement of permit revocation proceedings as follows:
(a)
For each civil citation for a violation of a City ordinance, one point will be assessed on the landlord permit for that individual unit.
(b)
After two (2) points are assessed on a landlord permit for an individual unit, the City Manager or his/her designee will send a written warning to the permittee or agent. The warning will specify which ordinance or ordinances have been violated and will state that further citations or violations could lead to a revocation of the permit.
(c)
Accumulation of three (3) or more points on a landlord permit for an individual unit during a twelve-month period from the date of the first citation shall constitute a violation of Chapter 117 of the Code of Ordinances of the City of Delray Beach.
(2)
The representations made in the permit application are no longer true and correct.
(3)
The lease, sublease and/or agreement and a written statement regarding all lease arrangements to occupy the dwelling or unit(s) therein is not updated within thirty (30) days of any changes.
(C)
Appeals of a denial or revocation of a landlord permit shall be made to the Permit Review Committee which shall consist of the City Manager, the Community Improvement Director and the Planning and Zoning Director or their respective designees. The City Attorney's Office shall act as counsel to the Permit Review Committee. Requests for appeal must be made in writing and received by the Community Improvement Director within thirty (30) days of formal notice of denial or revocation with the date of the notice of denial being the first day. Decisions of the Permit Review Committee may be appealed to the City Commission, whose decision shall be final subject to any appeal of such decision to the Circuit Court of Palm Beach County.
(Ord. No. 80-87, passed 10/13/87; Am. Ord. No. 81-94, passed 10/18/94; Ord. No. 35-03, § 2, passed 9/23/03; Ord. No. 30-09, § 3, passed 7/7/09; Ord. No. 08-12, § 3, passed 2/21/12)