(a) Any permit holder may appeal the findings of fact and the termination and cancellation of the permit by the Safety Director (City Manager) as follows:
(1) The permit holder must file a Notice of Appeal to Council within fourteen days after receipt of a copy of the termination and cancellation notice; and
(2) The Notice of Appeal must be in writing and filed with the Clerk of Council and accompanied by an advanced deposit of one hundred twenty- five dollars ($125.00) to cover the costs of the statutory notice of a public meeting, subpoena fees and other administrative costs, including preparation of stenographic transcript. A refund shall be made to the permit holder in the event the deposit was sufficient to cover the costs.
(3) In the event that the fourteenth day falls on a legal holiday, Saturday or Sunday, the next business day shall constitute the fourteenth day.
(b) The Clerk of Council shall schedule an open session hearing on appeal before Council within fourteen days after receipt of the Notice of Appeal. The Notice of Appeal shall not suspend the cancellation and termination of the permit holder. No permit holder shall conduct business in the Municipality for which the permit was issued while the same has been cancelled or terminated by the Safety Director (City Manager).
(1) The permit holder may appear at the hearing and may be represented by his attorney. Council shall hear and receive evidence, testimony and exhibits on the findings of the Safety Director (City Manager) and may take and hear evidence on other issues that they deem relevant, as if on a trial de novo.
(2) The Clerk of Council shall have the power to issue subpoenas and compel the attendance of witnesses and to administer an oath subject to the same contempt penalties of the County Courts as set forth in Ohio R.C. 1913.01 et seq., as amended.
(3) Council members shall be permitted to ask questions of any sworn witness. Failure or refusal of any witness to be sworn in accordance with law shall not constitute evidence.
(4) On appeal, this permit holder shall be permitted to state what the evidence will show and why Council should not uphold the decision of the Safety Director (City Manager). Thereafter, the permit holder shall be required to submit evidence in the form of exhibits and sworn testimony. At the conclusion of the permit holder's case, the Safety Director (City Manager) may present evidence in the form of exhibits and sworn testimony. The Safety Director (City Manager) shall be represented by the City Solicitor. The permit holder and sworn witnesses shall be subject to cross-examination by the City Solicitor.
(5) The permit holder, Safety Director (City Manager) and other sworn witnesses shall be subject to direct, cross and re-direct examination as in any other trial de novo.
(c) At the conclusion of the appeal, Council, in open session, shall render a decision as to either reverse the decision of the Safety Director (City Manager) or sustain the decision of the Safety Director (City Manager). A majority vote of Council in attendance at the trial de novo shall be required to reverse or sustain the Safety Director's (City Manager's) decision. Council may reverse or sustain the decision of the Safety Director (City Manager) based upon the evidence, exhibits and sworn testimony, regardless of whether or not such findings were contained in the Notice of Cancellation and Termination.
(d) Council's decision shall be in writing and signed by a majority of the members in attendance at the appeal hearing. A copy of the decision shall be mailed to the permit holder and his attorney of record. In the event Council's decision is to sustain the Safety Director's (City Manager's) decision, or make a finding to cancel and terminate the permit on other grounds, then in this event, the permit holder shall be afforded a right to an appeal before the Court of Common Pleas, Mahoning County, Ohio, pursuant to Ohio R.C. 2506.01 et seq. No right of an appeal shall exist for the Safety Director (City Manager).
(Ord. 1472-90. Passed 9-24-90.)