(A) Whenever the City Council has reasonable grounds to believe there has been a violation of any of the provisions of this chapter, the City Council shall give written notice of the alleged violation to the person in violation of this chapter. Such notice shall give the reason for its issuance, allow a reasonable time (not to exceed ten business days) to perform the acts it requires, be served upon the violator or his or her agent (such notice shall be deemed properly served upon the violator or agent when a copy has been sent by registered mail to his or her last known address, or when he or she has been served with notice by any method authorized by the laws of the state), and contain remedial action which will bring compliance with the provisions of this chapter.
(B) Any person who has been refused or denied a permit required by this chapter or who is affected by notice issued in connection with enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the City Council. Such person shall file with the City Council a written request for a hearing and shall give a brief statement of the grounds within ten business days after the day the notice was served. The filing of this request for a hearing shall operate as a stay of the notice and the suspension, except in the case of an order issued under the emergency provisions of this section. Upon receipt of such hearing request, the City Council shall set a time and place for the hearing and shall give the person written notice. At the hearing, the person shall be given the opportunity to show why the notice should be modified or withdrawn. The City Council may postpone the date of the hearing for a reasonable time beyond the ten-day period when the person affected has requested it and has given sufficient reason for the postponement.
(C) After the hearing, the City Council shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining, modifying or reversing the decision. Council’s order shall be served as provided in this section. Upon failure to comply with Council’s order within the specified time period, the permit shall be revoked.
(D) The proceedings at a hearing, including the findings and order of the City Council, together with a copy of every notice and related order, shall be entered as a matter of public record in the office of the City Secretary. Any person aggrieved by the decision of the City Council may seek relief in a court of competent jurisdiction as provided by the laws of the state.
(E) Whenever the City Council finds that an emergency exists which required immediate action to protect the public health or safety, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken, as they may deem necessary to meet the emergency. Such order shall be effective immediately, but upon written request to the City Council, shall be given a hearing as soon as possible. The provisions of the proceeding divisions of this section shall apply to such hearing and the order issued thereafter.
(Ord. 072115, passed 7-21-2015)