(A) The City Council, or the City Clerk as the Council’s authorized designee, shall provide the licensee or permittee an opportunity to be heard prior to the imposition of a civil penalty, suspension or revocation or disapproval of an initial application or application for renewal.
(B) The notice shall contain particulars of the complaints against the licensee or permittee, the ordinance provisions or state statutes allegedly violated, and the date, time and place for hearing on the matter. The hearing shall occur in front of the Council at its next regular meeting.
(C) Notice may be given by personal service or certified mail directed to the manager or contact person of the applicant as listed on the application. Notice by personal service must be given at least five days before the hearing. Notice by certified mail is effective on mailing and must be postmarked at least six days before the hearing.
(D) At the hearing the licensee shall be afforded the opportunity to present evidence and argument. Formal rules of evidence and procedure shall not apply. Legal counsel shall not be required but shall be permitted. The Clerk shall carry out the decision of the Council. Within 30 days after the conclusion of a hearing held pursuant to this section, the Council shall make written findings which shall be based on a preponderance of the evidence as the standard of proof. Any decision rendered pursuant to this section shall be deemed a final action of the city and subject to appeal in accordance with Iowa law. The subject licensee/permittee may continue to conduct its permitted/licensed business until such time as any appeal of the city’s decision has been concluded or the window within which an appeal may be filed has expired. Upon the happening of either of these two events, the city shall be authorized to proceed under this chapter and the laws of the State of Iowa to order the licensee/permittee to cease all operations and revoke the permit/license in question.
(Ord. 2606, passed 3-26-2019)