(A) In the event that the Director or his or her designee determines that grounds exist to revoke a license, the Director or his or her designee shall immediately serve written notice of the intent to revoke at least ten days prior to its effective date upon the licensee and advise the licensee that the licensee may request a hearing in front of the Board.
(B) The Board may, upon a complaint filed by a member of the Building Department, or upon the filing of a verified complaint in writing by a contractee, prefer charges against any licensee under this subchapter. The Board shall forthwith issue a notice directing the licensee within 20 days after service of notice to appear and answer to the complaint showing cause, if any, why his or her license should not be suspended or revoked. The licensee may request a hearing on the charges, and the Board shall, within 30 days, set a date for a hearing. The complaint shall contain a statement of facts pertaining to the specific charges of the violation of this subchapter, other ordinances and/or state law pertaining to the building construction, or of any act which may be the cause of suspension or revocation of a license. The licensee may be present and may be represented by counsel at the hearing.
(C) When a hearing is requested by a licensee on charges brought under this subchapter, the Board shall set the time and place when the hearing shall be held.
(D) A service of notice upon the licensee shall be fully effective upon mailing a copy thereof, by United States Registered Mail, with return receipt requested, in a sealed envelope with postage fully paid thereon, addressed to the licensee at his or her last address of record as shown in the Building Department’s office. Failure of the licensee to answer may be deemed to be an admission by him or her of the facts stated in the complaint, and his or her license thereupon may be suspended forthwith upon the complaint filed thereon and without any further evidence in this case. The Board shall have the authority, in its discretion, to continue such cause for further hearing should the circumstances of this case warrant this action.
(E) Whenever the Board shall determine that a licensee is in violation of the terms of this subchapter, the Board shall have the power to suspend such license for a definite period, to revoke the license or to issue an order against the licensee to correct the violation, fixing a reasonable time within which the correction shall be made or accomplished and, upon compliance with such order, the Board may dismiss the complaint. If the licensee shall not correct the violation within the time required by the previous order of the Board, the Board shall have the power to extend the time for correction of the violation or shall have the right to suspend the licensee’s license for a determinative period or may revoke the license without any further right to hearing.
(F) After the revocation of any license, such license shall not be renewed, and no new license shall be issued to the same licensee within a period of at least one year subsequent to the date of revocation. After the expiration of the one-year period, a new license shall only be issued upon proper showing that all violations, acts or omissions for which the license was revoked have been corrected and that all conditions imposed by the decision of the revocation correction order or suspension have been fully complied with.
(G) Any licensee who is aggrieved by the decision of the Board may take an appeal from the Board as allowed by the laws of the state.
(H) Whenever a new license is issued to any applicant whose license has previously been revoked, the issuance shall be treated as an initial issuance, and the applicant shall be required to pay the fee and shall be required to comply with the requirements applicable to all other applicants.
(Ord. 2010-02, passed 6-28-10)