(A) Any person engaging in or managing any business, occupation or profession set forth in this chapter who has been granted an local business tax receipt in accordance with the procedures set forth in this subchapter may be revoked, by the city, in accordance with the guidelines and procedures set forth herein: any action taken or permitted to exist which endangers or threatens the health or safety of the public or becomes manifestly injurious to the residents or citizens of the city or to the general public.
(B) In considering whether to revoke a local business tax receipt the following matters shall be taken into consideration:
(1) The number, frequency and severity of complaints received from the public;
(2) The number, frequency and severity of existing code violations;
(3) The number, frequency and severity of similar prior code violations and/or complaints;
(4) The effects of such continued uses/operations on the surrounding properties, including the effect on the occupants and tenants thereof;
(5) The effects of such continued uses/operations on the health and safety of the residents and citizens of the city and of the general public; and
(6) Any additional factors or considerations which may be reasonably calculated to materially affect public health, safety and welfare.
(C) The City Manager or his designee shall, on an on-going basis, monitor compliance of this city's code. Upon being notified of a possible violation of this section by the City Commission, the City Manager or his designee shall proceed as follows:
(1) To collect and examine all pertinent information concerning the alleged violation of this section;
(2) Interview, in person or by telephone, and memorialize in writing any information received from any person with information about the alleged violation;
(3) Upon determining that all pertinent information has been received if the City Manager or his designee determines that it appears a violation of this section has occurred he/she shall:
(a) Notify the alleged violator by first class mail, return receipt requested, of the violation including the following matters:
1. A detailed description of the complaints, information and/or other pertinent data the city has in its possession concerning the violation;
2. The name, address and telephone number of a contact person at the city who can provide more detailed information and schedule the hearing described below;
3. A reasonable time and date by which the alleged violator shall respond to the city;
4. That he/she has a right to a hearing, more particularly described herein below, prior to the city making a final determination and that if he/she does not make arrangements for scheduling same within the time frame set forth in the letter, that the city will schedule same and notify the alleged violator of the location, time and date for the hearing in the same manner as the original notice; and
5. The city will consider a proposal from the alleged violator as to a date for curing the violation or an action plan to cure the violation.
(b) Upon the expiration of the time frame set forth in the notice if a request for a hearing has not been received the City Manager or his designee shall request and schedule a hearing before the city's Consumer Affairs Advisory Board and provide a second notice to the alleged violator, in the same manner the original notice was sent, setting forth the location, time, and date for the hearing. This notice shall also advise the alleged violator that at the hearing he/she has the right to be represented by legal counsel, to present evidence, testimony and witnesses and to examine the city's evidence and cross-examine the city's witnesses.
(D) The hearing before the city's Consumer Affairs Advisory Board shall follow the procedures set forth in F.S. Chapter 162 and Chapter 32 of this code of ordinances for the Code Enforcement Board, including the same formalities and due process constraints placed on the Code Enforcement Board.
(E) The alleged violator shall have a right to appeal an adverse decision from the city's Consumer Affairs Advisory Board to the City Commission within 30 days after the hearing before the Board. An appeal to the City Commission shall be treated as an appeal of the Board decision and not as a trial de novo. The alleged violator shall be permitted to make up to a 20 minute presentation.
(Ord. 1006, passed 9-2-92; Am. Ord. 1576, passed 4-18-07)