(A) Notice of violation. If a property unit enforcement official reasonably believes that a pawnbroker, precious material dealer, secondhand retailer, or automated kiosk has violated any one or more provisions of this article, such official shall serve written notice upon the same of the alleged violation (the "notice of violation"). The notice requirement is satisfied if personal service of same is had upon the pawnbroker, precious material dealer, secondhand retailer's designated agent or is posted in a conspicuous place upon the pawnbroker, precious material dealer, or secondhand retailer's place of business. A notice of violation issued to an automated kiosk must be electronically mailed to the automated kiosk's designated agent.
(1) The notice of violation shall specify the provisions of this article which have been allegedly violated, and shall set forth with reasonable clarity the factual basis for each alleged violation, and shall state that an administrative hearing will be conducted in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8. Notice of the hearing will be mailed to the pawnbroker, precious material dealer, secondhand retailer's, or automated kiosk's place of business or address of record with the city by certified mail in accordance with this article.
(2) The property unit enforcement official shall provide the City Clerk with a copy of the notice of violation for transmission to the City Independent Office of Hearings within three business days of the notice of violation being served.
(B) Hearing and penalties relating to a notice of violation.
(1) Hearing. The hearing will be conducted in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(2) Findings required for imposition of penalty. The hearing officer may enter an order imposing one or more of the penalties set forth in division (B)(3), below, if it is found that a pawnbroker, precious material dealer, or secondhand retailer, or automated kiosk violated or is operating in violation of any of the provisions of this article.
(3) Penalties. Upon finding a violation, the hearing officer may enter an order imposing one or more of the following:
(a) Ordering a pawnbroker, precious material dealer, secondhand retailer, or automated kiosk to show proof of compliance within a reasonable timeframe;
(b) Imposing a fine of up to $500 for a first violation, and up to $1,000 for any subsequent violations depending on the severity;
(c) Ordering that the pawnbroker, precious material dealer, secondhand retailer, or automated kiosk cease and desist specified activities; or
(d) If the violation(s) are determined to be severe and irredeemable, ordering that the pawnbroker's, precious material dealer's, secondhand retailer's, or automated kiosk's permit be revoked or not renewed. If revocation is ordered for a pawnbroker, precious material dealer, secondhand retailer, or automated kiosk it will be effective no sooner than 120 days from the date of the order to allow for winding-down of the business including redemption of pawn inventory by rightful owners. No new loans or purchases may be done during this time, only sales and redemption.
(C) Hearing and penalties relating to permit issuance or renewal.
(1) After an initial denial of a pawnbroker, precious material dealer, secondhand retailer, or automated kiosk license or renewal by the city, the denied applicant may request a hearing. After notice and hearing, the city may decline to issue or renew a pawnbroker, precious material dealer, secondhand retailer, or automated kiosk permit if it is determined that:
(a) The pawnbroker, precious material dealer, secondhand retailer, or automated kiosk either knowingly or without the exercise of due care, has violated this section or has aided or conspired with another person to violate this section;
(b) A condition exists that, had it existed when the permit was originally issued, would have justified the refusal to issue the permit; or
(c) The pawnbroker, precious material dealer, secondhand retailer, or automated kiosk no longer meet the eligibility requirements to hold a permit; or
(2) Any pawnbroker, precious material dealer, secondhand retailer, or automated kiosk may surrender a permit by delivering it, by certified or registered mail, return receipt requested, to the City Clerk's Office with written notice of its surrender. The surrender of a permit does not affect the civil or criminal liability of the pawnbroker, precious material dealer, or secondhand retailer for acts committed before the surrender of the permit.
(3) The revocation or surrender of a permit does not Impair or affect the obligation of any preexisting lawful contract between the pawnbroker and any pledger of pledged goods.
(D) Notwithstanding any other provision of this section, the city may terminate an investigation or action upon agreement by the pawnbroker, precious material dealer, secondhand retailer, or automated kiosk to pay a stipulated civil penalty, to make restitution or pay damages to customers, or to satisfy any other relief authorized under this division and requested by the city.
(Ord. 2020-042; Am. Ord. 2023-015)