(a) Immediate Suspension. Temporary use permits issued in accordance with provisions of this chapter may be immediately and permanently suspended for the protection of public health, safety, or welfare. If the city manager finds that the use is being conducted in a manner that constitutes an immediate threat to the public health, safety, or welfare, the temporary use permit shall be immediately suspended. Within twenty-four hours, the city manager shall serve a notice of suspension to the business address or location of the subject use. The notice shall identify the basis for suspension and opportunity to contest the suspension. The written request for hearing shall be submitted to the city clerk within two days from the notice date. If the suspension is contested, a hearing shall be scheduled with the city council at the next regularly scheduled city council meeting. Notice of the final decision shall be mailed to the permittee.
(b) Suspension Upon Notice. If the temporary use or activity is being conducted in violation of the permit conditions or there has been a material misrepresentation in the application, the city manager may provide written notice of the violation. The notice shall specify that immediate compliance is required, and that failure to do so within the time set forth therein will result in suspension of the permit. If the permittee fails to comply with the notice, the permit shall be suspended in accordance with the dates on the violation notice. The suspension is deemed permanent unless contested by filing a written request for hearing with the city clerk within two business days from the date of suspension. If the suspension is contested, a hearing shall be scheduled with the city council at the next regularly scheduled council meeting. Notice of the final decision shall be mailed to the permittee.
(Ord. 612 Exhibit A (part), 2008).