(A) The Borough Codes Enforcement Officer or Borough Secretary may file a complaint against any licensee, on his or her own initiative, or on the request of a citizen of the borough. The complaint is to be filed with the Borough Secretary and shall be in writing, signed by the appropriate official. The complaint shall contain a statement setting forth the facts relating to the alleged violation of this subchapter.
(B) Upon the filing of the complaint, the Borough Secretary or Codes Enforcement Officer shall issue a notice in writing sent to the licensee at his or her last known address by certified, U.S. mail, directing the licensee to file a written answer within 20 days after service of the notice and a copy of the complaint.
(C) Failure of the licensee to file a written answer to the borough within 20 days after service shall be deemed an admission by him or her of the facts contained in the complaint and the licensee who has failed to answer may be revoked without further notice.
(D) In the event that the licensee shall file a written answer, a hearing shall be scheduled on the complaint, note of the hearing will be served no less than ten days prior to the date fixed for the hearing. This hearing shall be held before the Borough Council and Council shall make all findings of fact and law considering the complaint.
(E) At the hearing, the official making the initial complaint, any citizen aggrieved and the licensee each have the right to appear personally or by counsel and to cross-examine witnesses and product witnesses and evidence. A certified court reporter shall be present at the expense of the licensee and a complete transcript shall be presented to the Council at no cost, if an appeal of the decision of the Council is taken.
(F) Any licensee aggrieved by any action of the Borough Council taken pursuant to this subchapter shall have the right to appeal to the Court of Common Pleas of the county, Civil Division. These appeal rights shall be governed by the applicable provisions of state law, including 8 Pa.C.S. §§ 101 et seq.
(2006 Code, § 5-204) (Ord. 1/16/2003, passed 1-16-2003, § IV; Ord. 2006-3, passed 7-10-2006)