(a) Any applicant whose application for a second-hand dealer license is denied by the Chief of Police shall be notified in writing of the denial by the Chief of Police. Such applicant may appeal the denial to a Board of Appeals comprised of the Director of Law, who shall act as Chair of the Board of Appeals, the Director of Public Safety, the Chief of Police, or their selected representatives. A written request for an appeal hearing shall be submitted to the Chief of Police within ten days after receipt of the application denial notice.
(b) The Chief of Police, as a result of his own investigation, may revoke or suspend the second-hand dealer license issued to any person, society, firm, club, partnership, organization or corporation under the provisions of this chapter, for a violation of any provision of this chapter. Any person, society, firm, club, partnership, organization or corporation whose second-hand dealer license has been revoked or suspended by the Chief of Police shall be notified in writing of the revocation by the Chief of Police. Such person, society, firm, club, partnership, organization or corporation may appeal the revocation to the Board of Appeals created in subsection (a) hereof. A written request for an appeal hearing shall be submitted to the Chief of Police within ten days after receipt of the license revocation notice.
(c) The Board of Appeals, as herein established, shall hear any appeal, pursuant to subsections (a) and (b) hereof within thirty days from the date the request for appeal is received by the Chief of Police. The Board shall have the power to sustain, modify or reverse the decision of the Chief of Police. The Board's decision shall be in writing and sent to the appellant/applicant, or his/her legal representative, within fifteen days after the hearing is concluded. The action of the Board of Appeals is final. A quorum of the Board shall consist of a majority of the members of the Board.
(d) In addition to any other penalty provided for in Chapter 765
, the Chief of Police or his/her designee may issue a Notice of Liability to any person engaged in the business of second hand dealer who violates any provision of this chapter, regardless of whether the person is licensed under this chapter.
Said notice shall describe the location and nature of the violation, the time and date it was observed and the fine assessed to the violator. No notice of liability may be issued to a violator more than once during any seventy-two (72) hour period for the same violation.
(1) The Notice of Liability shall be served upon the owner by personal service or by First Class United States mail.
(2) Any person charged with a Notice of Liability may appeal said notice to the Board of Appeals as provided by this section. The failure to file an appeal shall constitute a waiver of the right to contest and an admission of the Notice of Liability.
(3) Any person found in violation of a Notice of Liability issued under Chapter 765
shall be subject to a civil fine as follows:
(A) $250 for each first offense;
(B) $500 for each second offense within a three year period.
The levying of fines shall not preclude any other legal recourse which the Chief of Police may have, including suspension and revocation of the license holder's license. If more than three (3) years occurs between offenses, a subsequent violation shall be considered a first offense.
(Ord. 40-2016. Passed 9-6-16.)