(A) Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the mayor of the municipality by written notice filed with the municipality’s clerk within ten days of the effective date of such denial, suspension, or revocation. A suspension or revocation of a license under this chapter shall be stayed pending appeal.
(B) The mayor shall notify the appellant in writing of the date for the hearing on the appeal. The written notice shall be either served on the appellant personally on or before five days before the hearing, or by placing it in a sealed envelope, addressed to the appellant at the address set forth in the application, and depositing it with the United States Postal Service, proper first class postage prepaid, on or before seven days before the hearing. The mayor may, but is not required to, serve the written notice by certified or registered mail, as set forth above.
(C) The mayor shall conduct a hearing on the appeal within 14 days of receipt of the written notice of appeal by the municipality’ s clerk, at which hearing the appellant may present witnesses or other evidence opposing the denial, suspension or revocation. The enforcement officer may also present witnesses or other evidence supporting the denial, suspension or revocation. Both parties shall have the right to cross-examine witnesses.
(D) The mayor shall determine whether the preponderance of the evidence presented at the hearing supported the decision of the enforcement officer to deny, suspend or revoke the license of the appellant.
(E) The mayor shall issue a written decision setting forth his findings regarding the evidence presented at the hearing, and his or her decision to affirm or overrule the decision of the enforcement officer. The mayor shall serve a copy of his or her written decision on the appellant and the enforcement officer in writing. The written decision shall be either served on the parties personally on or before five days after the date of the hearing, or by placing it in a sealed envelope, addressed to the respective parties at the address set forth in the application and at the enforcement officer’s ordinary business address, and depositing it with the United States Postal Service, proper first class postage prepaid, on or before five days after the hearing. The mayor may, but is not required to, serve the written decision by certified or registered mail, as set forth above.
(F) The written decision of the mayor shall be considered a final decision.
(Ord. 2014-5372, passed 12-16-2014)