(A) If the Community Development Department determines that facts exist for denial, suspension or revocation of a license under this chapter, the city shall notify the applicant or licensee (respondent) in writing of the city’s intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery or by certified mail.
(1) The notification shall be directed to the most current business address or other mailing address on file with the Community Development Department for the respondent. Within ten working days of receipt of such notice, the respondent may provide to the Community Development Department a written response that shall include a statement of reasons why the respondent believes the license should not be denied, suspended or revoked.
(2) Within five days of the receipt of respondent’s written response, the Community Development Department shall notify respondent in writing of the hearing date on respondent’s denial, suspension or revocation proceeding. Within ten working days of the receipt of respondent’s written response, the city’s Hearing Officer shall conduct a hearing at which respondent shall have the opportunity to present all of respondent’s arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the city’s witnesses. The hearing shall take no longer than two days, unless extended to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a written opinion within five days after the hearing. If a court action challenging the city’s decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within ten days after the issuance of the Hearing Officer’s written opinion.
(3) If a written response from respondent is not received by the Community Development Department within the time stated in division (A)(1) above, or if after a hearing, the Hearing Officer concludes that grounds as specified in this chapter exist for denial, suspension or revocation of the license, then such denial, suspension or revocation shall become final five days after the Hearing Officer sends, by certified mail, written notice to the respondent that the license has been denied, suspended or revoked. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the Hearing Officer finds that no grounds exist for denial, suspension or revocation of a license, then within five days after the hearing, the Hearing Officer shall immediately withdraw the intent to deny, suspend or revoke the license and shall notify the respondent in writing by certified mail of such action. The Community Development Department shall contemporaneously therewith issue the license to the applicant.
(B) An applicant or licensee (aggrieved party) whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction.
(Prior Code, § 14.18.110) (Ord. 98-16, passed 4-23-1998; Ord. 05-04, passed 2-3-2005)