(A) If the City Clerk determines that facts exist for denial, suspension or revocation of a license under this chapter, the City Clerk shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds for the action, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the City Clerk. Within five working days of receipt of such notice, the respondent may provide to the Board of Public Works and Safety, in writing, a response that shall include a statement of reasons why the license or permit should not be denied, suspended or revoked. Within five days of the receipt of respondent’s written response, the Board of Public Works and Safety shall notify the respondent in writing of the hearing date on the respondent’s denial, suspension or revocation proceeding.
(B) Within 20 working days of the receipt of respondent’s written response, the Board of Public Works and Safety shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. The Board of Public Works and Safety shall issue written findings within five days of the hearing. If a response is not received by the Board of Public Works and Safety in the time stated or, if after the hearing, the Board of Public Works and Safety finds that grounds as specified in this chapter exist for denial, suspension or revocation, then such denial, suspension or revocation shall become final five days after the Board of Public Works and Safety sends, by certified mail, written notice that the license has been denied, suspended or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to the county’s circuit or superior courts within ten days of the Board’s determination.
(C) If the Board of Public Works and Safety finds that no grounds exist for denial, suspension or revocation of a license, then within five days after the hearing, the Board of Public Works and Safety shall withdraw the intent to deny, suspend or revoke the license, and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously issue the license.
(D) The appeal of a denial, suspension or revocation under this chapter shall be subject to the same rules and procedures, and shall be conducted in the same manner, as prescribed for judicial review under I.C. 4-21.5-5, as the same shall be amended from time to time; provided, however, that, notwithstanding the provisions of those statutes, the following requirements apply to a petition for judicial review filed under this chapter.
(1) The petition must be filed within ten days of the issuance of the Board of Works and Public Safety’s decision.
(2) Within 14 days from the date the city was served with the petition, the Board shall prepare the city’s record for the petitioner to transmit to the court.
(Ord. 50-2006, passed 11-6-2006) Penalty, see § 10.999