§ 11-36. Appeals.

(a)

In determination of assessments, denial, suspension or revocation, the license official shall give written notice to the licensee or the person in control of the business within the municipality by certified mail to the address provided in the application by the licensee. The failure of the licensee to sign for certified mail at the address provided does not constitute a bar to administrative action, as the applicant is deemed to have provided accurate information for contact having certified that information under oath, and having expressed consent to administrative oversight by submitting a sworn application for approval.

(b)

The notice of the license official shall plainly set forth the action taken against the licensee, and the basis for the decision.

(1)

In the matter of assessments, the notice shall set forth the amount due, and any penalty arising thereto, and the due date, and a copy of the ordinance relating to appeals.

(2)

In the matter of suspension pending revocation, the notice shall set forth that the license is suspended as of an effective date pending a hearing before city council for the purpose of determining whether the license should be permanently revoked, or other such remedy as may be determined, and a copy of the ordinance relating to appeals.

(3)

In the matter of revocation, the notice shall set forth that the license is revoked as of an effective date pending a hearing before city council for the purpose of determining whether the license should be permanently revoked, or other such remedy as may be determined, and a copy of the ordinance relating to appeals.

(4)

Any person aggrieved by a decision or final assessment by the license official may appeal the decision by written request stating the reasons therefore, filed with the license official within 15 days after the date of the mailing of the certified letter.

(c)

An appeal regarding final assessments may be made to a hearing officer by written request stating the reasons therefore, filed with the license official within 15 days after the date of the certified mailing of license official. An appeal hearing regarding final assessments shall be held by a hearing officer 30 days after receipt of a request for appeal, unless continued by agreement of the licensee and the hearing officer. At the hearing, all parties shall have the right to be represented by counsel, to present testimony and evidence and to cross-examine witnesses. The proceedings shall be recorded and transcribed at the expense of the party so requesting. The rules of evidence and procedure prescribed by the hearing officer shall govern the hearing. The hearing officer, or the majority shall render a written decision based on findings of fact and application of the standards herein which shall be served by certified mail upon all parties or their representatives. Orders of the hearing officer regarding assessments shall be appealable to the city council, as set forth below.

(d)

An appeal regarding a denial, suspension or revocation of a business license by the license official, or an order by a hearing officer may be made to the city council by written request stating the reasons therefore, filed with the license official within 15 days after the date of the certified mailing of the order of the hearing officer, or within 15 days of the certified mailing of the denial, suspension or revocation of a business license by the license official. The appeal shall be held by the city council within 30 days receipt of the licensee's notice, at a regular or special meeting of which the applicant or licensee has been given written notice by the license official, unless continued by agreement.

(e)

At the city council hearing, all parties shall have the right to be represented by counsel, to present testimony and evidence and to cross-examine witnesses. The proceedings shall be recorded and transcribed at the expense of the party so requesting. The rules of evidence and procedure prescribed by the city council shall govern the hearing. The majority of city council members present shall render a written decision based on findings of fact and application of the standards herein which shall be served upon all parties or their representatives. The order of city council shall be the final decision of the municipality.

(Ord. No. 2014-18, 6-10-14; Ord. No. 2014-49, 8-12-14)

Editor's note

Ord. No. 2014-18, adopted June 10, 2014, repealed the former § 11-36, and enacted a new section as set out herein. The former § 11-36 pertained to appeals to city council and derived from Ord. No. 91-24, § 16, adopted June 25, 1991; and Ord. No. 2006-51, adopted June 13, 2006.