(A) The date and place for a revocation or a suspension hearing shall be fixed by the Building Commissioner. At least ten days before such date a written notice of the general nature of the charges, prepared by the city, and of the time and place of the hearing thereon shall be served upon the licensee either by hand delivery to the charged licensed person or to a partner of a charged partnership or an officer of a charged corporation, or by certified mail with return receipt requested addressed to the licensee at his main place of business as shown by the licensee's application for license or license renewal. The ten or more days shall run from the date such notice is mailed. In the instance where charges are made which have a similar factual basis and a business relationship exists (as, for example, charges against two licensed partners or charges against a licensed corporation and its licensed corporate officer) the Building Commissioner may hear evidence relative to two or more charges at the same hearing.
(B) The licensee may appear in person or by counsel, produce evidence (including testimonial and documentary evidence), make argument and cross-examine witnesses at such hearing. The Building Commissioner shall have the same right. The Building Commissioner may cause or allow any other relevant evidence to be introduced. On the basis of evidence presented at the hearing, the Building Commissioner shall make findings and enter an order in accordance with such findings, which shall not become effective until ten days after notice and a copy thereof has been served upon the licensee in the manner required for notice of the hearing.
(C) On or before ten days after service of the order, the licensee may appeal therefrom to the Mayor by serving a notice of appeal upon the Mayor either In person or by filing it at his office with a copy thereof delivered to the Building Commissioner at the office of the Building Commissioner. Unless such appeal is so taken, the order of the Building Commissioner shall be final.
(D) If so appealed, the order of the Building Commissioner shall be stayed until the appeal is heard and determined by the Mayor or a representative designated in writing (but not an employee of the Building Commissioner) by the Mayor under the procedure prescribed by statute for hearings on the suspension or revocation of licenses. The Mayor or his representative shall thereupon render such decisions as he finds justified and sustained by the evidence, either affirming, reversing, or modifying the terms of the order of the Building Commissioner. The order of the Mayor or his representative shall be final and conclusive and be binding upon both the licensee and the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)