(a) The Chief of Police may revoke or suspend a metal recycling business license for any conduct contrary to this article, or an applicable state law or regulation concerning the metal recycling business, including, but not limited to the failure to maintain any record required by this article.
(b) No license issued pursuant to this article may be revoked or suspended without a hearing. Written notice of the hearing, the administrative action to be taken, and the grounds therefore shall be given to the license holder by certified or registered mail at least ten days prior to the hearing. Mailing of such notice to the last known business address of the license holder shall constitute sufficient notice. A record of such hearing shall be made. Within ten days of the hearing, the Chief of Police shall make a written decision setting forth the reason or grounds for such administrative action. Such decisions shall be immediately mailed by certified or registered mail to the license holder affected by the decision. The effective date of the revocation shall be stated in the decision.
(c) At the discretion of the Chief of Police, criminal prosecution, suspension and/or revocation, may be pursued, provided, however, unsuccessful or no criminal prosecution shall not preclude suspension or revocation.
(d) Appeals from a decision by the Chief of Police shall be made by the licensee in writing to the city administrator within 10 days of such decision. The City Manager or the City Manager's designee shall review the record and the decision made by the Chief of Police. The City Manager or the City Manager's designee may, in his or her discretion, hold a hearing upon proper notice to the appealing party. The City Manager or the City Manager's designee shall make a written decision upholding, modifying, or reversing the decision of the Chief of Police. The decision of the City Manager or the City Manager's designee shall be final.
(Ord. No. 3684, § 2, 04-08-10)