(A) Filing of license denial, revocation or suspension.
(1) Subject to the limitation as to the number of scavenger licenses that may be in effect at any time, as provided in § 94.040, in the event the Mayor refuses or denies an application for license, he or she shall state his or her reasons for the refusal or denial, in writing, and file a copy of same with the Village Clerk within 14 days after the filing of the application or by December 1 of each year, whichever date is later.
(2) In the event a license is revoked or suspended by the Mayor, the Mayor shall file a written statement of the revocation or suspension with the Village Clerk within 48 hours after the order of revocation or suspension.
(B) Appeals.
(1) Authority. In the event an application for a license is refused or denied by the Mayor, or a license is revoked or suspended by the Mayor, the applicant therefor or licensee may appeal to the Board of Trustees and shall be entitled to a hearing upon the refusal, denial, suspension or revocation.
(2) Filing appeal. The appeal shall be filed by the applicant or licensee with the Village Clerk within 14 days after the date of the filing with the Village Clerk by the Mayor, aforesaid, of his or her refusal, denial, suspension or revocation.
(3) Hearing. The Board of Trustees shall conduct a hearing upon the appeal by the applicant or licensee within ten days after the appeal shall have been filed with the Village Clerk. Notice of the hearing shall be given to the applicant or licensee no less than two days prior to the date of hearing. At the time of the hearing aforesaid, the Board of Trustees shall consider the order of refusal, denial, suspension or revocation issued by the Mayor and any evidence submitted by him or her or in his or her behalf pertaining to same and any evidence produced by the applicant or licensee upon the issue of the qualification, or lack thereof, of the applicant or licensee to a scavenger business license. Prior to the commencement of any hearing on appeal aforesaid, the Board of Trustees may adopt rules of procedure pertaining to the conduct of the hearing.
(4) Decisions by Board of Trustees. Within seven days after the completion of the hearing, the Board of Trustees shall issue its decision determining whether the license constituting the subject matter of the appeal shall be issued or reinstated. The decision shall be by majority vote of the Board of Trustees. In the event of a tie vote, the order of the Mayor shall be sustained. In the event the decision of the Board of Trustees is for issuance or reinstatement of the license, the Board of Trustees shall direct the Village Clerk, in writing, to issue or reinstate same, and the Village Clerk, immediately upon receipt of the written decision and direction, shall issue or reinstate the license. Notwithstanding any provision herein, the Mayor and Board of Trustees shall, in no event, authorize, issue or reinstate more than the number of scavenger business licenses authorized to be in effect at any time as provided by § 94.040.
(Prior Code, § 4-3A-4) (Ord. 748, passed 6-7-1979)