173.12 ENFORCEMENT.

   Whenever the MBE Officer is satisfied that a contractor is in violation of the provisions of this chapter, he may serve a written notice upon the violator which notice shall contain a brief and concise statement of the violation and shall order correction of the condition that is in violation, within ten days of such extended time as such officer may determine to be appropriate.

   The notice shall also advise the contractor or other responsible person that the order may be appealed under the provisions of this chapter or any applicable appeal provision of the Ohio Revised Code.

   Service of the notice shall be made by certified mail or personally upon the contractor or the person responsible on the contractor's behalf. Service shall be considered made upon date of mailing.

   Any contractor or other responsible person aggrieved by an order issued pursuant to provisions of this chapter may appeal such order to the City's Safety Director who is hereby designated as the officer by whom the hearing is conducted. The Safety Director shall serve written notice, by personal delivery or by certified mail, upon the person appealing, of the time, date and place of the appeal hearing which shall be within ten days of the filing of the appeal provided that notice of the hearing date must be served on the appellant not less than five days prior to the hearing date set. The Safety Director shall have authority to grant one continuance of the date of hearing, upon application of the appellant and for good cause shown, which continuance shall not exceed twenty days. Failure of the appellant to appear at the time and place set for the hearing shall be deemed a withdrawal of the appeal and the Safety Director shall affirm the order of the MBE Officer.

   Within five days from the date of the hearing, the Safety Director shall render his decision in writing to all the parties. The Safety Director may order any appropriate relief including rescission or cancellation of a contract and/or removal from a certification or bidders listing. The decision of the Safety Director shall be a final administrative order and the party adversely affected thereby may seek judicial appeal according to law.

(Ord. 93-001. Passed 1-5-93.)