A. Request And Time For Hearings:
1. Following receipt of a notice of denial issued under section 3-2-3 of this chapter or a notice of violation and penalty issued under section 3-2-12 of this chapter, an applicant or license holder may request a hearing before the City Council, or his/her designee. A request for hearing shall be made by the applicant or license holder in writing and filed with the City Clerk within ten (10) days of the mailing of the notice of denial or alleged violation. Following receipt of a written request for hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the City Council.
2. If a person accused of violating this chapter so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.
3. Such hearing shall be held as determined by the City Council and shall be open to the public.
B. Findings And Actions: If, after the hearing, the applicant or license holder is found ineligible for a license, or in violation of this chapter, the City Council may affirm the denial, impose a fine, issue a suspension, or impose any combination thereof. The decision shall be in writing and set forth the reasons for the findings of the City Council. A copy shall be provided to the applicant or license holder. Likewise, if the City Council finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the applicant or license holder.
C. Decisions: Regardless of whether a hearing is held pursuant to this section, if the City Council determines that a violation of this chapter did occur, that decision, along with the City Council's reasons for finding a violation and the penalty to be imposed under section 3-2-12 of this chapter, shall be recorded in writing. A copy shall be provided to the accused violator. Likewise, if the City Council finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
D. Appeals: Any appeal from the decision of the City Council must be filed with the District Court within ten (10) days of the mailing of the City Council's decision.
E. Default: If the applicant or license holder has been provided written notice of the denial or violation and if no request for a hearing before the City Council is filed within the ten (10) day period provided by this section, then the denial, penalty, and/or suspension imposed pursuant to this chapter shall take immediate effect by default. The City Clerk shall mail the notice of denial, fine, and/or suspension to the applicant or license holder. (Ord. 536, 11-20-2018, eff. 3-1-2019)