Penalties including a notice of violation must be imposed, and licenses must be revoked, in the manner provided in this section.
A. The development services director or a designee, Mesquite police department, or the code enforcement officer must conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. The investigation may include an inspection of the premises, a review of sworn affidavits from eye witnesses, and a review of any photos or other documentation if it exists. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the development services director or a designee, police officer, or the code enforcement officer must issue written notice of the violation and intention to impose a penalty or revoke the license. The written notice must be served on the owner, operator, agent managing agency, or local contact person and must specify the facts which constitute substantial evidence to establish grounds for imposition of the penalties or revocation. It must specify that the penalties will be imposed or that the permit will be revoked within fifteen (15) days from the date the notice is given unless the owner or operator files with the development services director or a designee a request for a hearing before the city manager.
B. If the owner requests a hearing within the time specified in subsection A of this section, the development services director or a designee must serve written notice on the owner and operator, by certified mail, of the date, time and place for the hearing which must be scheduled not less than fifteen (15) days, nor more than forty five (45) days after receipt of the request for a hearing. The city manager or a designee may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the city council. The city council may impose the penalties or revoke the license upon a finding that a violation has been proven by substantial evidence, and that the penalty or revocation is consistent with the provision of section 2-13-13 of this chapter. The hearing must be conducted according to the rules normally applicable to administrative hearings. The city council must render a decision within thirty (30) days of the hearing and the decision is appealable to the district court. The owner may request, and the council may grant a stay of any revocation made pursuant to the provisions of subsection 2-13-13B4 of this chapter during the time from when the appeal is filed to when the district court renders a decision.
C. The code enforcement officer may issue citations for violations of this chapter which are misdemeanors. (Ord. 464, 10-23-2012)