The following are penalties and appeals process for [sections 13-54.1 through 13-54.6]:
(1) Convictions of three or more incidents in violation of any provision in sections 13-54.1 through 13-54.6 during a twelve-month period shall result in a probationary period imposed on the scrap metal dealer convicted for such offences not to exceed a six-month period. If further convictions of violations pertaining to sections 13-54.1 through 13-54.6 occur during the probationary period then a revocation of the scrap metal dealer's/seller's license will occur for a period not to exceed thirty (30) calendar days.
(a) Upon conviction of three (3) or more incidents in violation of any section in sections 13-54.1 through 13-54.6 during a twelve-month period or upon a conviction of a violation of this section during the probationary period, the scrap metal dealer shall have the right to an administrative hearing to appeal the probationary period and/or license revocation or license denial. The hearing will be held before the commissioner of public safety or his/her designee.
(b) Before the institution of the probationary period or license revocation, the commissioner of public safety shall notify the scrap metal dealer in writing of his intent to institute the probationary period or revoke the license, including a summary of the grounds for the action. The notice shall be sent to the scrap metal dealer by certified mail to the person and address specified on the license. Within ten (10) days of receipt of such notice, the scrap metal dealer may provide to the commissioner of public safety, in writing, a response which shall include a statement of reasons why the license should not be put in probation or revoked and may include a request for a hearing. If a response is not received by the commissioner of public safety within ten (10) days, the notice shall be a final administrative act of probation or revocation. If a response is received by the commissioner of public safety within ten (10) days, he shall schedule a hearing and shall give notice of such hearing to the scrap metal dealer. The hearing shall be conducted within thirty (30) days of the commissioner of public safety's receipt of the scrap metal dealer's response. The commissioner or designee shall render a written decision within (10) days after the completion of the hearing and shall serve the scrap metal dealer with a copy of the decision by certified mail. The scrap metal dealer may appeal the decision to the Fayette Circuit Court within thirty (30) days after receipt of the written notice of the decision.
(c) It shall be the responsibility of the general manager or principal facility manager of the scrap metal dealer to see that the employees of the business understand the provisions set forth in sections 13-54.1 through 13-54.6 and that those provisions are adhered to.
(d) Any violations of sections 13-54.1 through 13-54.6 shall constitute a misdemeanor and any person who is convicted shall upon the first conviction thereof be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00), or imprisoned for not more than six (6) months or both; and for the second and each subsequent conviction shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), or imprisoned for not more than six (6) months, or both.
(e) There will be a thirty-day grace period from the date that sections 13-54.1 through 13-54.6 go into effect. No enforcement action shall be taken during this grace period to help educate scrap metal dealers of this new Ordinance [No. 58-2012].
(Ord. No. 58-2012, § 7, 5-17-12)