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Upon a showing of sufficient cause to believe that a violation of the rules and regulations specified in this chapter and/or under the terms and conditions of the license has occurred, the airport manager may:
A. Initiate proceedings to suspend or revoke the license by notifying the licensee of the possible suspension or revocation of the license and the grounds therefor. The notice shall specify the date, time and place of the hearing before the Friedman Memorial Airport authority on the possible suspension or revocation of the license and shall be served on the licensee by certified mail, personal service or substituted service at least ten (10) working days before the scheduled date of the hearing. Failure of the licensee to actually receive a notice sent or served shall not invalidate the proceedings.
B. Immediately suspend the license upon a determination that the conduct of the licensee and his continued operation at the Friedman Memorial Airport presents an exigent danger or detriment to persons or property:
1. In such event, the airport manager shall notify the licensee by certified mail or personal service that the license must immediately cease and desist all activity authorized by the license.
2. The notice shall specify the grounds for the immediate suspension of the license and the date, time and place of the hearing before the Friedman Memorial Airport authority on the continued suspension or possible revocation of the license. The hearing shall be held not more than five (5) working days from receipt by the licensee of the notice to cease and desist.
3. If the Friedman Memorial Airport authority determines to continue suspension of the license or to revoke the license, the effective date of such suspension or revocation shall be the date the licensee received the notice to cease and desist. (Ord. 955 § 1, 2006)
Hearing on a denial of the issuance or transfer of a license under this chapter or on the suspension or revocation of a license under this chapter shall be before the Friedman Memorial Airport authority. At such hearing, the licensee may present evidence, call witnesses and be represented by counsel. The Friedman Memorial Airport authority may render its decision orally at the conclusion of the hearing, but shall provide the license applicant or licensee with written notice of its decision not later than five (5) business days after the date of the hearing.
A. On appeal of a denial of the issuance or transfer of a license, the Friedman Memorial Airport authority may affirm the denial or approve the issuance or transfer of a license, and may, upon approval thereof, impose such reasonable conditions related to the use of the license as are appropriate in the circumstances.
B. After hearing on the suspension or revocation of a license, the Friedman Memorial Airport authority may:
1. Revoke the license.
2. Suspend the license for a period not to exceed sixty (60) days. In its decision to suspend a license, the Friedman Memorial Airport authority may provide for the reinstatement of the license prior to the expiration of the suspension period upon the fulfillment of such reasonable conditions as the authority may impose, and may further provide that in the event such conditions have not been fulfilled upon the expiration of the suspension period, the period of suspension will be extended for a stated additional period. In the event of an extension, notice thereof and the reasons therefor shall be provided to the licensee, but further hearing shall not be required, unless requested in writing by the licensee. Provided, however, that no suspension shall be continued for a total period in excess of sixty (60) days without notice and hearing as provided in this chapter.
3. Issue a letter of warning notifying the licensee that any further violation may result in the suspension or revocation of the license.
4. Allow the use of the license to continue and impose such reasonable conditions related to the use of the license as appropriate under the circumstances. (Ord. 955 § 1, 2006)
An appeal of the decision of the Friedman Memorial Airport authority under this chapter may be taken to the Hailey city council by filing a notice of appeal with the city clerk within ten (10) working days of the date of the written decision of the authority. Notice of the date of hearing before the council shall be provided to the appellant within fourteen (14) days of the hearing. At the hearing before the council, the appellant may present evidence, call witnesses and be represented by counsel. The council may affirm or reverse the decision of the authority, and may delete or modify conditions imposed by the authority, or impose such reasonable conditions as it deems appropriate. (Ord. 955 § 1, 2006)
There shall be a charge of one hundred dollars ($100.00) payable in advance to defray administrative costs of a license request for each license. This cost is not refundable in the event the license application is rejected or in the event the license is revoked. (Ord. 955 § 1, 2006)
The violation of any provision of this chapter shall be considered a misdemeanor, punishable by a fine of three hundred dollars ($300.00) and/or six (6) months' jail, or both such fine and imprisonment. Each day that such violation continues shall be considered a separate offense. (Ord. 955 § 1, 2006)