§ 12-9. Hearing.  


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  • (a)

    The application for a permit under this article shall be approved or denied within ten days from the date of the director of neighborhoods and housing services or designee's determination that the application is complete, unless the applicant agrees in writing to an extension of that time period. If an application is denied, the director shall notify the applicant in person, or by registered or certified mail to the address provided by the applicant.

    (b)

    If within ten days after the director or designee mails notice to the applicant that the application has been denied, or, the permit has been suspended or revoked, the applicant files with the director or designee a written request for a hearing before the director or designee, then the director or designee shall within ten days of receipt of a timely request, mail a notice of a hearing to the applicant, which shall include the date, time and place for the hearing before the director or designee. The date for the hearing shall not be less than 30 days nor more than 90 days following the filing of the request for a hearing under this section, unless the aggrieved party requesting the hearing agrees to extend the time for the hearing.

    (c)

    The applicant shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against him. A record shall be made of the proceedings at such hearing, which shall be transcribed at the expense of the party requesting the transcription. In the grant or denial of an application, the director is authorized to determine whether the applicant will conduct the business in accordance with the provisions of this code. The director or designee's determination shall be based on information provided by the applicant, sworn testimony of witnesses, and official records of any municipal, state or federal government or court. If an application is disapproved or a permit is suspended or revoked, the director or designee shall notify the applicant in person or by registered or certified mail to the address provided by the applicant and shall state the basis for the denial.

(Ord. No. 160373 , § 2, 6-9-16)

Editor's note

Ord. No. 160373 , § 2, adopted June 9, 2016, amended the Code by repealing former § 12-9 and adding a new § 12-9. Former § 12-9 pertained to liability insurance for haunted house type facilities, and derived from the Code of Gen. Ords. 1967, § 5.16; and Ord. No. 55738, adopted November 10, 1983.