The planning and development director may suspend or revoke the license of any licensee
found to have violated any provision of this section. However, no license shall be
suspended or revoked without the opportunity for a hearing before the city council.
Any licensee desiring a hearing shall, within fifteen (15) days of being notified
of an ordinance violation, file a written petition for a hearing in the office of
planning and development. A hearing shall be conducted by the city council within
thirty (30) days of the filing of the petition, unless a continuation of such date
is agreed to by the licensee and the city manager. The licensee shall have the right
to be represented by an attorney at the hearing, at the expense of the licensee. The
findings of the city council shall be forwarded to the planning and development director
after the conclusion of the hearing and it shall be the duty of the planning and development
director to notify the licensee of the action of the city council. The findings of
the city council shall be final. The findings of the city council may be appealed
to the superior court of the county within thirty (30) days of the date of the findings;
provided, however, that the findings shall not be set aside unless found to be contrary
to law or ordinance, or unsupported by any evidence on the record as a whole. For
the purposes of this section, notice shall be deemed delivered when personally served
or, when served by mail, within three (3) days after the date of deposit in the United
States Mail. An appeal stays the order of the planning and development director or
city council.
(Ord. No. 08-16, § 1, 4-7-16)
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