A. A community residence shall not be occupied by any resident unless the sponsor shall have first obtained from the department of quality control an administrative occupancy permit authorizing the use of the dwelling unit as a community residence.
B. All administrative occupancy permits shall be issued upon written application upon forms furnished by the department of quality control. The application shall be under oath and shall state the following:
1. The date of application;
2. The name and address of the applicant, and if a corporation the name and address of the registered agent, president, secretary and treasurer, and if a partnership, the name and address of all partners, including limited partners;
3. The proposed location of the community residence;
4. The number of residents to be housed in the community residence;
5. The proposed date of occupancy by residents;
6. The number of other persons that will reside within the community residence, classified according to their respective duties;
7. The number of other persons that will work at the community residence or provide support services at the community residence to its residents, classified according to their respective duties; and
8. Any other information that the department of quality control may reasonably require.
C. The application shall be accompanied by reliable evidence that the sponsor is licensed or similarly authorized by an agency of the state of competent jurisdiction to operate the proposed community residence in the proposed location. A duplicate document filed with the licensing agency shall accompany the application. The absence of such evidence shall constitute sufficient grounds to deny the administrative occupancy permit.
D. The application shall also be accompanied by the certificate or affidavit of the sponsor that the residents to be housed in the community residence have been evaluated and screened as required under applicable statutes and administrative regulations and that the residents are capable of community living if provided with an appropriate level of supervision, assistance, and support services.
E. No administrative occupancy permit shall be issued for a community residence that does not comply with any ordinance of the village or applicable regulation of the state or its agencies.
F. No administrative occupancy permit shall be issued for a community residence that does not comply with the spacing provisions relative to community residences.
G. The information provided on an administrative occupancy permit application shall be updated by the applicant every six (6) months after the issuance of the administrative occupancy permit. Said update shall be on a form to be provided by the department of quality control.
H. The village manager may revoke an administrative occupancy permit on the following grounds:
1. The permit was obtained by fraudulent means, material misrepresentation or by submitting false information;
2. The sponsor is no longer licensed or authorized by an agency of the state of competent jurisdiction to operate a community residence at the location specified in the permit;
3. The sponsor has unlawfully refused to permit an inspection of the community residence by an authorized official of the village; or
4. The community residence has been determined by an appropriate official of the village to be unsafe for human habitation.
Prior to the revocation of an administrative occupancy permit, the village manager or his designee shall investigate whether probable cause for revocation may exist and, if so, shall notify the sponsor in writing of reasons for the proposed revocation and grant the sponsor the opportunity to appear before the village manager or his designee at a time and place specified within such notice. Such hearing shall be held not less than ten (10) days after the notice is received by the sponsor. Hearings shall be conducted under rules issued by the village manager. Such rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross examine witnesses and be represented by legal counsel. If after the hearing the village manager or his designee determines that the permit should be revoked, a written order revoking the permit shall be issued.
I. An administrative occupancy permit is not transferable to any other person.
J. For purposes of this section, "sponsor" shall mean any person licensed or similarly authorized by an agency of the state of competent jurisdiction to operate a community residence. (Ords. 75-10-55, 77-8-7, 81-36-77, 85-9-23, 85-14-46, 88-22-84, 90-11-46, 90-16-68, 92-11-45, 93-9-24, 94-4-13, 07-08-27, 19-16-66)