A. Zoning Administrator: This chapter shall be administered by the zoning administrator.
B. Inspections:
1. Any licensee shall, at all times during the term of the license, allow the zoning administrator to enter the premises for the purpose of verifying compliance with the requirements of this chapter.
2. The licensee shall provide certification as to compliance with subsection 3-22-7B5 of this chapter to the city upon request by the zoning administrator.
C. Suspension: The zoning administrator may suspend a license for a period not to exceed thirty (30) days following written notice and an opportunity to be heard if the zoning administrator determines that a licensee has violated or is not in compliance with this chapter.
D. Revocation:
1. Notice: The Zoning Administrator shall issue a written statement of intent to revoke a license if a cause of suspension in subsection D2 of this section occurs.
2. Basis For Revocation: The Zoning Administrator may initiate action to revoke a license if the Zoning Administrator determines that:
a. The license has been suspended two (2) times within the preceding twelve (12) months.
b. A licensee has knowingly operated an electronic sign during a period of time when the licensee's license was suspended.
c. A licensee is delinquent in payment to the City for ad valorem taxes or other taxes or fees related to business.
3. Process:
a. Written Response: Within ten (10) days of receipt of such notice of suspension or intent to revoke, the licensee may provide to the Zoning Administrator, in writing, a response that shall include a statement of reasons why the license should not be suspended or revoked.
b. Hearing Date: Within three (3) days of the receipt of licensee's written response, the Zoning Administrator shall notify respondent in writing of the hearing date on licensee's suspension, or revocation proceeding.
c. Appeal And Hearing:
(1) Within thirty (30) working days of the receipt of licensee's written response, the City Council shall conduct a hearing on licensee's appeal of the Zoning Administrator's decision.
(2) Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence on its behalf.
(3) At the conclusion of the hearing, the City Council shall make a final decision.
(A) If a response is not received by the City in the time stated or, if after the hearing, the City Council finds that grounds as specified in this chapter exist for suspension or revocation, then such suspension or revocation shall become final three (3) days after the City sends written notice that the license has been suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
(B) If the City Council finds that no grounds exist for denial, suspension, or revocation of a license, then within three (3) days after the hearing, the Zoning Administrator shall withdraw the intent to suspend or revoke the license, and shall so notify the licensee in writing of such action. (Ord. 897, 12-3-2012)