(A) (1) Whenever the City Inspector discovers a violation of any provision of this subchapter, he or she shall notify the operator concerned.
(2) The notice shall:
(a) Describe the condition found and state which section of this subchapter is violated by the condition;
(b) Provide a specific and reasonable period of time for the correction of the condition; and
(c) State that an opportunity for a hearing on inspection findings will be provided if a written request for a hearing is filed with the City Inspector within ten days of receipt of the notice.
(3) The City Inspector may advise the operator in writing that unless the violations are corrected within the specified period of time, any license or permit issued under the provisions of this subchapter may be suspended or revoked, in accordance with provisions of this subchapter.
(4) After an opportunity for a hearing and following the procedures in § 122.038, an operator’s license or permit may be temporarily suspended, for each violation, for one to 30 days, by the City Inspector upon violation by the permit holder of any of the provisions of this subchapter or may be revoked upon serious or repeated violation of the provisions.
(5) Any operator whose license or permit has been suspended may, at any time, make application for the reinstatement of the license or permit. Within ten days after the receipt of a written application, accompanied by, or including, a statement signed by the operator to the effect that the violated term or terms of this subchapter have been complied with, the City Inspector shall make a reinspection. If the applicant is again complying with the terms of this subchapter, the license or permit may be reinstated by the City Inspector.
(B) (1) Notwithstanding any other provisions of this subchapter, whenever the City Inspector finds grossly unsanitary or other conditions involving the operation of any vending machine which, in his or her opinion, involves a substantial hazard to the public health, he or she may, without notice or hearing, issue a written order to the operator citing the existence of the condition and specifying corrective action to be taken and, if deemed necessary, requiring immediate discontinuance of operation.
(2) The order shall be effective immediately and shall apply only to the vending machine involved. Any operator to whom the order is issued shall comply therewith, but upon petition to the City Inspector, shall be afforded a hearing as soon as possible. When necessary corrective action has been taken and on the request of the operator, the City Inspector shall make a reinspection to determine whether operations may be resumed.
(3) After any hearing held under the provisions of this subchapter, the City Inspector shall sustain, modify or rescind any notice or order considered in the hearing.
(Ord. 883, passed 10-9-1973)