A. The building official shall within twenty (20) days of the filing of a completed application for a sign permit either issue a permit to the applicant or issue a written notice of intent to deny a permit to the applicant. The building official shall issue a sign permit immediately unless:
1. An applicant has failed to provide information required by this chapter for issuance of a permit or has falsely answered a question or request for information on the application form.
2. The permit application fee required by this chapter has not been paid.
3. The completed application demonstrates that the sign applied for is not in compliance with requirements of this chapter or is not in compliance with another part of this code.
B. If the building official determines that the permit will not be issued, the building official shall immediately send a notice, which shall include the specific grounds under this chapter for such action, to the applicant by personal delivery or certified mail. The notice shall be directed to the address set out in the application. The applicant shall have ten (10) days after the delivery of the written notice to submit, at the office of the building official, a written request for a hearing. If the applicant does not request a hearing within said ten (10) days, the building official's written notice shall become a final denial.
C. If the applicant does make a written request for a hearing within said ten (10) days, then the building official shall, within ten (10) days after the submission of the request, designate a neutral hearing officer and send a notice to the applicant indicating the name of the hearing officer, the date, time, and place of the hearing. The hearing shall be conducted not less than ten (10) days nor more than twenty (20) days after the date that the hearing notice is issued. The city shall provide for the hearing to be transcribed.
D. At the hearing, the applicant shall have the opportunity to present all of applicant'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 building official may also be represented by counsel, and shall bear the burden of proving the grounds for denying the permit. The hearing shall take no longer than two (2) days, unless extended at the request of the applicant to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the applicant within five (5) days after the hearing.
E. If the decision is to deny the permit, the decision shall advise the applicant of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer's decision finds that no grounds exist for denial of the permit, the hearing officer shall, contemporaneously with the issuance of the decision, order the city to immediately issue the permit to the applicant. (Ord. 52-09, 10-19-2009)
Next Doc