A. Grounds: A permit may be suspended or revoked, or a permit application rejected, for any one (1) or more of the following grounds:
1. Falsification of facts in a permit application;
2. Violation of any of the provisions of this chapter or any other State, County or City law or regulation governing the establishment including, but not limited to, noise, health and sanitation concerns, and building and zoning ordinances;
3. Conviction on a charge of cruelty to animals.
B. Procedure: If an inspection of an establishment required to be licensed under this chapter reveals a violation, the inspector shall notify the permit holder or operator of the violation in an inspection report form or other written notice. The notification shall:
1. Set forth the specific violation(s) found;
2. Establish a specific and reasonable period of time for correction of the violation(s) found;
3. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit; and
4. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the City within five (5) days of the date of notice of violation. The appeal shall be informal and conducted by the City's Police Chief or designee. A decision by the City's Police Chief or designee shall be issued in seven (7) days from the time the appeal is filed. The decision may modify, uphold or reverse the conditions of the notice or inspection findings. The City Police Chief's or designee's decision under this subsection may constitute grounds for revocation or suspension of the permit as provided in subsection C of this section.
C. Revocation Or Suspension: The City or its designee may seek revocation or suspension of a license issued under this chapter by referring the matter to a hearing officer according to the procedures established in title 5, chapter 5.04 of this Code. The hearing officer shall forward its findings and recommendations to the Mayor for final determination. This proceeding may be held in conjunction with business license revocation hearing. Upon suspension or revocation, disposition of all animals allowed by the permit shall be approved by the City or its designee. A new permit may be issued to any person whose permit has been previously revoked upon filing an application for a new permit, accompanied by the required application fee; but such application for a new permit shall not be granted unless and until all requirements of this chapter have been met and any prior violations resolved to the reasonable satisfaction of the City.
D. Emergency Suspension: Notwithstanding any other provision of this chapter, when the City or its designee finds unsanitary or other conditions in the operation of any establishments governed by this chapter, which, in their sole judgment, constitute a substantial hazard to the animals being housed or to the public health, the City or its designees may without warning or hearing issue a written emergency notice of violation to the permit holder or operator, citing such conditions and specifying the corrective action required to be taken. An order or emergency notice of violation issued under this subsection may immediately suspend an establishment's license and state that all operations shall immediately cease pending a hearing before the hearing officer as provided in title 5, chapter 5.04 of this Code. Any person to whom such an order or emergency notice of violation is issued must immediately comply therewith, or the permit shall be permanently revoked. Any animals at such a facility may be confiscated by the City or its designee, impounded and provided for according to the provisions of this chapter.
E. Notice: Any notice required or permitted to be given under this section shall be deemed to have been properly served when the original of the inspection report form, notice of violation or other notice has been delivered personally to the permit holder or person in apparent charge of the facility, or such notice has been sent by certified mail, return receipt requested, to the last known address of the permit holder. A copy of all notices given in accordance with this section shall be maintained by the City pursuant to its retention schedule. (Ord. 17-15)