Whenever an applicant or licensee wishes to appeal any decision of the Clerk-Treasurer (i) refusing to issue or renew a license; (ii) suspending or revoking a license; (iii) refusing to issue or renew a permit; or (iv) suspending or revoking a permit, the applicant or licensee must first appeal to the Board of Public Works and Safety in compliance with the procedures set forth herein.
(A) An applicant or licensee may request in writing an informal hearing to dispute the claim, within ten days after receiving notice of: (i) a refusal to issue or renew a license; (ii) a suspension or revocation of a license; (iii) a refusal to issue or renew a permit; or (iv) a suspension or revocation of a permit. The written request to dispute the claim must be filed with the Clerk-Treasurer. The Clerk-Treasurer shall notify the Board of Public Works and Safety.
(B) Following notification, the Board of Public Works and Safety shall:
(1) Set the appeal for a hearing;
(2) Set a time, date, and location of such hearing;
(3) Notify the applicant or licensee and the Clerk-Treasurer of the hearing time, date and location at least five working days prior to the hearing.
(C) The hearing shall be conducted by the Board of Public Works and Safety.
(D) The applicant or licensee shall bear the burden of proof that the Clerk-Treasurer’s decision should be vacated. The Clerk-Treasurer may submit evidence at the hearing that supports the Clerk-Treasurer’s decision.
(E) Following a hearing the Board of Public Works and Safety may overturn or confirm the Clerk-Treasurer’s determination. The decision of the Board of Public Works and Safety shall be final and the decision, together with reasons thereof, shall be delivered in writing within 30 working days from the close of the hearing to the person taking the appeal with a copy delivered to the Clerk-Treasurer who shall keep all decisions on file in the Clerk-Treasurer’s office.
(F) All decisions shall become effective upon delivery to the Clerk-Treasurer.
(Ord. 7, 2014, passed 7-7-14)