(A) Permits issued under the provision of this chapter may be revoked by appropriately designated city officials after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation, or false statements contained in the application for the permit.
(2) Fraud, misrepresentation, or false statements made in the course of the business for which the permit is issued.
(3) Any violation of any of the provisions of this chapter.
(4) Conducting the business for which the permit is issued in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(B) Notice of hearing for revocation of a permit shall be given, in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. The notice shall be mailed, postage prepaid, to the permit holder at their last known address, at least five days prior to the date set for the hearing.
(C) (1) Penalties.
(a) Any individual, firm, or corporation convicted of a violation of any provision of this chapter shall be fined in a sum not less than the applicable amount set forth below:
1. First offense: $ 25.
2. Second offense: $100.
3. Third offense: $300.
4. Fourth offense: $600.
(b) Each day any violation of this chapter continues shall be considered a separate offense. The City of Tell City, Indiana, shall also have the right to recover the costs of administering this offense, including but not limited to, filing fees and attorney fees. If the violation includes a failure to obtain a permit under this section, said penalty shall also include a permit fee equal to the appropriate amount established under § 117.06(A).
(2) Enforcement. Appropriate city officials shall enforce this chapter. Upon determination by said officials that there exists an emergency and that for the protection of the public welfare any permit should be immediately suspended, the appropriate officials may forthwith suspend the permit pending hearing as provided for in this chapter.
(3) Administrative liability. No officer, agent, or employee of the City of Tell City, Indiana, shall render themselves personally liable for any damage that may occur to persons or property, as a result of any act required or permitted in the discharge of their duties under this chapter. Any suit brought against any officer, agent, or employee of the City of Tell City, Indiana, as a result of any act required or permitted in the discharge of their duties under this chapter, shall be defended by the City Attorney until the final determination of the proceedings therein.
(Ord. 1202, passed 5-15-2023)