Whenever an owner wishes to appeal any decision of the town manager: (i) refusing to issue or renew a landlord license; (ii) suspending or revoking a landlord license; (iii) refusing to issue or renew a rental unit permit; or (iv) suspending or revoking a rental unit permit, the owner must first appeal to the town council in compliance with the procedures set forth herein.
(a) An owner may request in writing an informal hearing to dispute the determination of the town manager, within ten days after receiving notice of: (i) a refusal to issue or renew a landlord license; (ii) a suspension or revocation of a landlord license; (iii) a refusal to issue or renew a rental unit permit; or (iv) a suspension or revocation of a rental unit permit. The written request to dispute the determination must be filed with the clerk-treasurer. The clerk-treasurer shall notify the town council.
(b) Following notification, the town council shall:
(1) Set the appeal for a hearing;
(2) Set a time, date, and location for such hearing; and
(3) Notify the owner and the town manager of the hearing time, date, and location at least ten working days prior to the hearing.
(c) The hearing shall be conducted by the town council or its designated officer; provided however, that the town manager shall not conduct such hearing.
(d) The owner shall bear the burden of proof that the town manager’s decision should be vacated. The town manager or person appointed by the town manager may present evidence at the hearing which supports the town manager’s decision.
(e) Following a hearing, the town council may overturn or confirm the town manager’s determination. The decision of the town council or hearing officers or his/her appointees shall be final and the decision, together with reasons thereof, shall be delivered in writing within thirty working days from the close of the hearing to the person taking the appeal with a copy delivered to the town manager who shall keep all decisions on file in the town manager’s office.
(f) All decisions shall become effective upon delivery to the town manager. (Ord. 1057 §1(part), 2006).