(A) Ordinance violations. If three or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the City Planning and Zoning Department may revoke the permit for that permitted property for a period of not more than one year after the date the permit is revoked.
(B) Notice and hearing.
(1) Written notice. Whenever the City Planning and Zoning Department determines that there are reasonable grounds to believe that a permit should be revoked, the Department shall give notice of the alleged violation and of the revocation to the owner. The notice shall be in writing, including the statement of the reason(s) why it is being issued and be served upon the owner. The notice shall be deemed to be properly served upon the owner if a copy thereof is sent by registered or certified mail to the owner at the address of the owner as listed on the permit application.
(2) Hearing. The owner may request and shall be granted a hearing on this matter before the Board of Public Works and Safety of the City of Seymour, Indiana (“Board”). The owner shall file in the office of the City Clerk-Treasurer a written petition requesting the hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of the petition, the Board shall set a time and place for the hearing and shall give the owner written notice thereof. At the hearing, the owner shall be given an opportunity to be heard and to show why the notice should be denied. The hearing shall be open to the public and notice thereof published in accordance with I.C. 5-3-1-2.
(3) Decision and order. After the hearing, the Board shall either sustain or deny the revocation. The Board’s decision shall be deemed to be an order and final. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the City Clerk within ten days after the notice is served. The City Planning and Zoning Department shall not sit as a member of the Board at the hearing on the petition, but shall be allowed to be present, present evidence, cross examine witnesses, and be cross examined by the petitioner. The Board shall make findings of facts relative to a decision under this section, which shall be reduced to writing.
(Ord. 14, 2023, passed 8-14-2023)