(A) When the conduct or operation of any poultry housing shall constitute a nuisance in fact and a clear and present danger to the public health, safety, or general welfare, the Village President shall be authorized to summarily order the suspension of any license for a period not to exceed ten days.
(B) Within eight days after he or she has so acted, the Village President shall call a hearing for the purpose of determining whether the license should be suspended for an additional period of time or revoked.
(C) Licenses issued under this chapter, unless otherwise provided, may be suspended for up to 30 days or revoked by the Village Board after notice and hearing as provided below for any of the following causes:
(1) Any fraud, misrepresentation, or false statement contained in the application for the license;
(2) Any violation by the licensee of ordinance provisions relating to the license, the subject matter of the license, or the premises occupied;
(3) Failure of the licensee to pay any fine;
(4) Refusal to permit an inspection or sampling, or any interference with a duly authorized village officer or employee while in the performance of his or her duties in making such inspections, as provided in this chapter; or
(5) Any other violation of any village ordinances, resolutions, or regulations.
(D) Such suspension or revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of the village.
(E) Notice of the hearing for suspension or revocation of a license shall be given in writing setting forth specifically the grounds of the violation and the time and place of the hearing. Such notice shall be sent by certified mail (return receipt requested) to the licensee at his or her last known address at least five days prior to the date set for the hearing.
(F) At the hearing, the Village Attorney shall present the complaint and shall represent the village. The licensee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The Village President shall preside and shall render the decision within a reasonable time after the conclusion of the hearing, but not later than 30 days thereafter. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision.
(G) Any licensee whose license is suspended or revoked shall pay to the costs of the hearing. The Village President shall determine the costs incurred for the hearing, including, but not limited to, court reporter fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred or such lesser sum as the Village President may allow.
(H) The licensee shall pay said costs within 30 days of notification. Failure to pay these costs within 30 days of notification is a violation of this section and may be cause for license suspension or revocation or the levy of a fine.
(Ord. 2021-05, passed 9-13-2021) Penalty, see § 115.99