In addition to all other remedies provided for in this Code, any holder of a low-voltage alarm system installation permit may have such permit suspended or revoked as provided herein.
(A) Suspension for cause by Building Official.
(1) Whenever the Building Official determines that there exists a violation of local, state, or federal regulations and the violation is of such a nature as to endanger the health, safety, and welfare of the public, he or she may immediately suspend the low-voltage alarm system installation permit issued to a contractor.
(2) Any holder low-voltage alarm system installation permit of a aggrieved by the decision of the Building Official, under this division, may appeal within 30 days from the written decision of the Building Official to suspend the permit, to the Town Council. Upon receipt of such appeal the holder of a permit shall be subject to a suspension hearing as described below. The appeal shall toll the suspension issued by the Building Official. Failure for the holder of a permit to appeal the decision of the Building Official under this section will result in the automatic suspension of the permit for 60 days at the expiration of the 30-day period, In the event that the Town Council upholds the suspension issued by the Building Official the Town Council may order a suspension of the permit for up to 90 days.
(B) Suspension and revocation for cause by the Town Council. Any low-voltage alarm system installation permit issued by the town pursuant to this chapter may be suspended for cause or absolutely revoked or cancelled by the Town Council at a public hearing (revocation hearing), where it has ascertained and determined that either:
(1) A permit was obtained upon a false notarized statement, fraud, concealment, deceit, misrepresentation, misleading statements, evasions or suppression of material facts;
(2) The applicant for or holder of a permit has been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities performed by the subject business or involves moral turpitude or fraudulent or dishonest dealing, any plea of nolo contendere shall be considered a conviction for purposes of this division;
(3) A holder of a permit has committed substantial violations of the terms and conditions on which a permit was issued including, but not limited to, doing business beyond the scope which the permit was issued;
(4) A holder of a permit violated an ordinance or law authorizing or regulating the business activity or thing for which it is issued;
(5) A permit was issued by a person without proper authority or power or issued in violation of a town ordinance;
(6) A holder of a permit fails to obtain or forfeits any certification, license or other such authorization required by an applicable federal, state or local statute, ordinance, rule or regulation to operate the business, occupation or profession for which the permit was issued.
(C)
Notice and hearing.
A holder of a permit subject to a revocation hearing shall be provided a fair and orderly procedure to the fullest extent feasible. The town shall provide notice, by certified mail, return receipt requested, at least five business days prior to the revocation hearing. The notice shall state the time, place and purpose of the hearing including a statement of the charges which serve as the basis for the possible revocation. Except as provided in division (A) above, all such hearings shall be before the Code Enforcement Special Magistrate.
(D) Revocation hearing procedures.
(1) Due process. Fundamental due process shall be observed and shall govern the proceedings. The holder of a permit shall be afforded a fair opportunity to be heard, the right to present evidence, and the right to cross examine adverse witnesses.
(2) Burden of proof. The burden shall lie with the town to present competent evidence to support the contention the permit should be suspended, revoked or cancelled based on division (A) or one or more of the enumerated causes listed in division (B) of this section. The standard of proof is by preponderance of evidence.
(E) Penalties. Any holder of a permit which has its permit revoked pursuant to this section shall be prohibited from obtaining another such permit from the town for a period of one year, The period shall begin the day after which the previous permit was revoked and end 365 consecutive days hence.
(F) Appeals. Any aggrieved party may appeal a final decision of the Town Council to the Circuit Court, pursuant to the Florida Rules of Appellate Procedure. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Town Council or the Code Enforcement Special Magistrate, as the case may be.
(Ord. 2013-13, passed 11-26-2013)