(A) General.
(1) Whenever the city receives reliable information that grounds for revocation of a permit exist under § 115.021 of this chapter, the city shall investigate the facts. If the city finds there are probable grounds for revocation of a permit, the city shall give written notice to the permittee by personal service or by certified mail, return receipt requested. Such notice shall set forth:
(a) The specific grounds upon which the permit in question may be revoked;
(b) There will be a hearing before the city’s designated representative in which the city will seek the revocation of the permit;
(c) The date, time and place of such hearing; and
(d) The permittee may appear in person and/or be represented by an attorney and may present testimony and may examine all witnesses.
(2) The notice shall be mailed to the last known address of the vendor if a notice which has been mailed is returned undelivered, service shall be deemed executed.
(1998 Code, § 86-56)
(B) Conduct of hearing.
(1) All permit revocation hearings under this subchapter shall be held by the city’s designated representative. Such officer shall be referred to as the Hearing Officer.
(2) All hearings shall be conducted under rules consistent with the nature of the proceedings, and only evidence presented before the Hearing Officer at such hearing may be considered in rendering the final order.
(1998 Code, § 86-57)
(C) Failure of permittee to appear at hearing. If the permittee fails to appear at a permit revocation hearing at the date and time specified, the city shall introduce evidence to establish a prima facie case showing that grounds exist for revocation of the permit.
(1998 Code, § 86-58)
(D) Findings and order by Hearing Officer.
(1) After completion of the presentation of evidence by all parties appearing at a permit revocation hearing, the Hearing Officer shall make written findings in an order as to whether or not there are grounds for revocation of the permit, and if there are such grounds setting forth in such written findings the specific facts supporting such grounds. If the Hearing Officer finds that grounds do exist for revocation of the permit, he or she shall revoke the permit for such grounds.
(2) A true and accurate copy of the Hearing Officer’s order shall be personally delivered or sent by certified mail, return receipt requested, to the permittee.
(3) The Hearing Officer’s decision is final.
(1998 Code, § 86-59)
(Ord. 05-18, passed 6-15-2005)