(A) Inspections:
(1) Persons authorized. The following persons are authorized to conduct inspections in the manner prescribed herein:
(a) City Administrative Officer. The City Administrative Officer shall make all investigations reasonably necessary to the enforcement of this chapter.
(b) Officials having duties. The City Administrative Officer shall have the authority to order the inspection of licensees, their businesses and premises, by all city officials having duties to perform with reference to such licensees or businesses.
(c) Police Officers. All police officers shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this chapter.
(2) Authority of inspectors. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without a search warrant, at all reasonable times, the following premises:
(a) Those for which a license is required.
(b) Those for which a license was issued and which, at the time of inspection, are operating under such license.
(c) Those for which the license has been revoked or suspended.
(3) Reports by inspectors. Persons inspecting licensees, their businesses, or premises as herein authorized shall report all violations of this chapter or of other laws or ordinances to the City Administrative Officer and shall submit such other reports as the City Administrative Officer shall order.
(B) Provisional order. When an inspector has reported the violation of this chapter or of any law or ordinance, the City Administrative Officer shall issue to the affected person a provisional order to comply.
(1) Nature of notice. The provisional order, and all other notices issued in compliance with this chapter, shall be in writing, shall be personally served and shall apprise the person affected of the specific violations. In the absence of the person affected or his agent or employee a copy of such notice shall be affixed to some structure on the premises. Depositing such notice in the United States mail shall constitute service thereof.
(2) Period for compliance. The provisional order shall require compliance within ten days of personal service on the affected person.
(3) Hearing. Upon written application by the person affected before the expiration of the thirtieth day period for compliance, the City Administrative Officer shall order a hearing. Notice of such hearing shall be given the affected person in the manner prescribed herein.
(C) Modifying authority of City Administrative Officer. Upon written application, or on his own motion, the City Administrative Officer shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date, and to change, modify or rescind any recommendation or order.
(D) Final order. Upon the failure or refusal of the violator to comply with the provisional order or with any order made after the hearing, the City Administrative Officer shall then declare and make the provisional order final.
(1) Authority of City Administrative Officer. The City Administrative Officer shall have the authority to suspend or revoke licenses upon making and declaring a provisional order final.
(2) Effect of revocation or suspension. Upon revocation or suspension no refund of any portion of the licensee fee shall be made to the licensee and he shall immediately cease all business at all places under such license.
(E) Summary action.
(1) When the conduct of any licensee, agent or employee is so inimicable to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the City Administrative Officer shall have the authority to summarily order the cessation of business and the close of premises or to suspend or revoke the license.
(2) Special Hearing. Unless waived in writing, within ten days after he has acted summarily, the City Administrative Officer shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given the affected person in the manner prescribed herein.
(F) Right of Appeal. Any person aggrieved by any decision of the City Administrative Officer after the hearing shall have the right to appeal to the Common Council of the city by filing a written appeal with such officer within 30 days following the effective date of the action or decision complained of.
(1) Contents of appeal. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid such order.
(2) Notification of City Administrative Officer. At the time of filing any such appeal a copy thereof shall be filed by the appellant with the City Administrative Officer.
(3) Hearing. The Common Council shall fix a time and place for hearing the appeal and shall personally serve a written notice, as provided herein, upon the appellant informing him thereof. The Common Council shall also give such notice to the City Administrative Officer and such officer shall be entitled to appear and defend such order.
(4) Effect of Decision. The findings of a majority of the Common Council shall be final and conclusive and shall be personally served upon the appellant as required herein.
(G) Liability of violator.
(1) Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the city.
(2) Action by City Attorney. The City Attorney shall, at the direction of the City Administrative Officer, institute a civil suit in the name of the city to recover any such unpaid fee.
(Ord. 1995-4, passed 6-1-95)