14A-3-304.1.3 Controlling persons.

Where a business entity is subject to suspension under Section 14A-3-304, the building official may extend the suspension to the entity’s controlling person(s), as that term is defined in Section 4-4-005 of the Municipal Code.

14A-3-304.1.4 Evasion.

It is unlawful for a person subject to a suspension under Section 14A-3-304, including a controlling person of an entity subject to a suspension, to evade or attempt to evade the suspension by submitting a permit application through another person, submitting a permit application under a different name, or by creating or using more than one user account.

14A-3-304.2 Notice.

Where the building official suspends the ability of any person to submit new applications or complete pending applications for a permit pursuant to Section 14A-3-304, the building official must notify the person in writing by first class mail at the address provided on the person’s most recent trade license or permit application. The notice must:

1.   Identify the basis for the suspension.

2.   Identify the scope of activities covered by the suspension.

3.   Identify the process for submitting proof to the building official that the basis for the suspension has been corrected.

4.   Inform the person of the opportunity and procedure to file a written request with the building official to contest the basis for the suspension.

5.   Inform the person that in addition to any other fees and fines, a reinspection fee must be paid to the City for each inspection or review conducted by the City to verify compliance.

6.   Inform the person of that if the person contests the basis for the suspension and does not agree with the final decision of the building official, the person may appeal the final decision to a court of competent jurisdiction.

14A-3-304.3 Hearing procedure.

The building official must adopt and publish uniform procedures consistent with due process for proceedings to contest a decision under Section 14A-3-304. Following a hearing, the building official must issue a written decision to uphold, modify, or reverse the suspension. The written decision of the building official following a hearing is a final administrative decision, subject to judicial review as provided by law.

14A-3-304.4 Reinstatement.

A person subject to a suspension pursuant to Section 14A-3-304 may file a written petition with the building official for reinstatement of permit privileges at any time. The petition must include evidence that the basis of suspension has been corrected and that all related fines and fees have been paid. In addition to any other fees and fines, a reinspection fee in accordance with Section 14A-6-601.1.2 must be paid to the City for each inspection or review conducted by the City to verify the basis of suspension has been corrected.

14A-3-304.4.1 Probationary period.

After a reinstatement pursuant to Section 14A-3-304.3, the person whose permit privileges were suspended may not be listed on more than 10 active permit applications at any one time for a period of one year from the date of reinstatement.