(a) In addition to the standards for permit issuance set forth elsewhere in this chapter, the Commissioner may deny an application for an initial or renewal permit or written authorization for the following reasons:
(1) where such application does not meet all applicable requirements set forth in the Code; and
(2) where the applicant has not paid all fees required by this Code and any outstanding debts owed to the City as debts are defined in subsection (a) of Section 4-4-150 of this Code.
(b) When an application for issuance or renewal of a permit is denied, the Commissioner shall send notice of such denial to the applicant (i) by first class or priority mail, or express courier service at the person’s residence address or, if the person is a business entity, at any mailing address identified for its registered agent or at its principal place of business; or (ii) by e-mail at the person’s e-mail address or, if the person is a business entity, at the e-mail address identified for its registered agent; or (iii) by personal service, including personal service upon an employee or agent of the applicant at a place of business of the applicant or otherwise if such service is reasonably calculated to give the applicant actual notice.
(c) The applicant to whom a permit denial was issued pursuant to subsection (b) shall have 15 calendar days from the service date of the denial letter to notify the Commissioner, on the appropriate form as provided by the Commissioner, of the applicant’s demand for a hearing. Failure to notify the Commissioner of a demand for a hearing in accordance with this subsection shall constitute a waiver of the opportunity for a hearing.
(d) Within 30 calendar days of receiving a demand for a hearing on the appropriate form as provided by the Commissioner, the Commissioner shall initiate an administrative hearing at the Department of Administrative Hearings, Environmental Safety and Consumer Affairs Hearings Division, and shall specify the basis for the permit denial. The Commissioner shall issue notice to the person demanding the hearing of the date, time, the location of the hearing, and the penalties for failure to appear at the hearing. Upon the conclusion of the hearing, in addition to a finding of liability or no liability on any alleged violations, and imposing of applicable fines and penalties, the administrative law officer shall have the authority to affirm or vacate the Commissioner’s denial decision.
(e) The Commissioner may impose reasonable permit conditions to protect the public health, safety or welfare of the city.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-29-15, p. 4110, § 2; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 5)