(a) The City and its permitting agent shall have authority to implement and enforce the provisions of this Chapter.
(b) The City or its permitting agent may conduct an inspection of a business prior to issuing a permit. The City or its permitting agent may inspect each business holding a permit upon proper identification and upon stating the purpose and necessity of an inspection. The City or its permitting agent may enter at reasonable times to inspect or investigate and examine or copy records to determine compliance with this Chapter. The City or its permitting agent may apply for and any judge of a court of record may issue an appropriate search warrant necessary to achieve the purpose of this Chapter within the court's territorial jurisdiction. If entry is refused or inspection or investigation is refused, hindered or thwarted after the City or its permitting agent receives permission or a warrant to inspect, the City or its permitting agent may suspend or revoke the permit as set forth herein.
(c) In addition to the denial, suspension, or revocation of a permit, the City or its permitting agent may impose the following civil penalties for violations of this Chapter:
(1) For a first violation, a written warning shall be provided to violator.
(2) For a second violation within five years of the first violation: $250.00.
(3) For a third violation within five years of the first violation: $500.00.
(4) For a fourth violation within five years of the first violation: $1,000.00.
(5) For a fifth violation within five years of the first violation, administrative permit review to determine if the permit should be suspended or revoked.
(d) When the City or its permitting agent determines to issue a civil penalty for a violation, to deny a permit application. or to suspend or revoke a permit, the City or permitting agent shall notify the permittee of said determination by sending written notice of said determination by U.S. first-class mail to the address provided on the permit application.
(e) The City or its permitting agent shall not be required to conduct an evidentiary hearing prior to issuing a determination provided for in subsection (d) herein.
(f) The permittee may file a written notice of appeal with the City Director of Law within 14 calendar days after the date the determination was mailed. The process to request said appeal shall be provided in the notice of the determination set forth in subsection (d) herein. The determination shall take effect fol lowing the expiration of time to file the notice of appeal.
(g) An appeal hearing shall be heard by the Nuisance Abatement Board of Review pursuant to Chapter 680, which shall follow the relevant hearing procedures established for appeals from determinations of a nuisance. The burden of proof by preponderance of the evidence shall be upon the City or its permitting agent. The hearing board shall be the final, administrative decision maker.
(Ord. 2019-88. Passed 10-16-19.)