A. A curb painting permit shall not be issued if the director finds:
1. The application is incomplete or contains a false statement;
2. The applicant has been convicted of a crime, and the time for appeal has elapsed, irrespective of the entry of a subsequent order under Penal Code Section 1203.4; or has done any act involving dishonesty, fraud, deceit, or moral turpitude with intent to substantially benefit himself or herself, or another, or substantially injure another.
Provided, however, that the permit shall be denied upon any of the grounds specified in this subsection (A)(2) of this section only if, in the opinion of the chief of police, contained in a recommendation to the director, the crime or act is substantially related to the qualifications, functions or activity of painting curb numbers. However, no person shall be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under State Penal Code Sections 4852.01, et seq., or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering a petition under Penal Code Section 4852.01, et seq.
B. Curb painting permits shall expire on the October 31st following the date of issuance unless sooner suspended or revoked, and shall be subject to renewal upon payment of a renewal fee set by resolution of the city council. Renewal may be denied for any reason which is grounds for denial, suspension, or revocation of the permit.
C. The director may suspend or revoke any permit issued hereunder whenever the director finds that any activity authorized by the permit is being conducted, maintained or carried on in a manner contrary to, or in violation of, any state law, this title or any other provision of the city code, or any condition imposed upon the granting of the permit, or in a manner which constitutes a nuisance, or is injurious to the public welfare. No permit shall be suspended or revoked until a hearing has been held by the director or the director's designated representative after no less than five days' written notice to the permittee at the address set forth on the permit or any other address which may be provided by the permittee.
D. Any applicant aggrieved by the director's decision to deny a permit, deny a renewal permit, suspend a permit or revoke a permit may appeal said decision to the city council by filing a notice of appeal with the city clerk within ten (10) days after the date the director's decision is issued and paying an appeal fee set by resolution of the city council. The city clerk shall cause such appeal to be referred to a hearing officer pursuant to the provisions of Title 2 of this code. The decision of the hearing officer shall be final. (Prior code § 38.01.011)