(A) Any denial, suspension, or revocation of a new or renewal license under this subchapter may be appealed to the City Council by written notice filed with the City Clerk within ten days of the effective date of such denial, suspension, or revocation. A suspension or revocation of a license under this subchapter shall be stayed pending appeal.
(B) The City Clerk 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 City Council shall conduct a hearing on the appeal within 14 days of receipt of the written notice of appeal by the City Clerk, at which hearing the appellant may present witnesses or other evidence opposing the denial, suspension or revocation. The Fire Chief and/or Ambulance Review Committee may also present witnesses or other evidence supporting the denial, suspension or revocation. Both parties shall have the right to cross-examine witnesses. A record of the hearing shall be made.
(D) The City Council shall determine whether the preponderance of the evidence presented at the hearing supported the decision of the Fire Chief and/or Ambulance Review Committee to deny, suspend or revoke the license of the appellant.
(E) The City Council shall issue a written decision setting forth its findings regarding the evidence presented at the hearing, and the decision to affirm or overrule the decision of the Fire Chief and/or Ambulance Review Committee. The City Council shall serve a copy of its written decision on the appellant and the Fire Chief and/or Ambulance Review Committee 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 City Council 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 City Council shall be considered a final decision.
(Ord. 2018-5406, passed 7-11-2018)