(A) Grounds. Pursuant to the procedures set forth in division (B) of this section, the official may revoke or suspend any junk yard license if the official, based on credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
(1) The licensee has violated any of the provisions or requirements of this subchapter or the junk yard license issued pursuant to this subchapter;
(2) The licensee either knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the city for the issuance or renewal of any junk yard license; or knowingly or negligently caused any other person to furnish or withhold that information on the licensee’s behalf;
(3) The licensee has committed a felony on the licensed premises;
(4) The licensee authorizes, approves or, as a result of the licensee’s negligent failure to supervise the junk yard, allows, a junk yard manager or other employee to violate any of the provisions or requirements of this subchapter or of the provisions or requirements of the junk yard license issued pursuant hereto, or commit any felony on the licensed premises; or
(5) The licensee, or any person identified pursuant to § 110.087(C)(1), (2) or (7) becomes disqualified for the issuance of a junk yard license at any time during the term of the license at issue.
(B) Procedure. A junk yard license may be revoked or suspended pursuant to the terms and conditions set forth in this division (B).
(1) Notice. Upon determining that one or more of the grounds for suspension or revocation under division (A) of this section may exist, the official shall serve a written notice on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. The written notice shall, at a minimum, state that the official has determined that the junk yard license may be subject to suspension or revocation pursuant to division (A) of this section; identify the specific grounds for the official’s determination; and set a date for a hearing regarding the official’s determination as to the possibility of suspension or revocation of the junk yard license. The date of the hearing shall be no less than five days after service of the official’s notice, unless an earlier or later date is agreed to by the licensee and the official.
(2) Hearing. The hearing shall be conducted by the official. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the official for suspending or revoking the license, and the city and any other persons may submit evidence to sustain those grounds. The administrative record compiled on the junk yard pursuant to § 110.095 shall be made part of the hearing record. Within three days after the close of the hearing, the official shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the official to suspend or revoke the license shall be final and shall be subject to review pursuant to the Illinois Administrative Review Law, being ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(3) Notice and effective date of suspension or revocation. The official’s written decision shall be posted at the office of the official and shall be served on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. Any suspension or revocation, as the case may be, shall take effect on the day that the official’s written decision is delivered in person or three days after it is placed in the U.S. mail as provided in this division (B)(3).
(4) Surrender of license. Upon the suspension or revocation of a junk yard license pursuant to this subchapter, the official shall take custody of the suspended or revoked license.
(1990 Code, § 14-310) (Ord. 02-2055, passed 7-1-2002)