If the city secretary determines that facts exist for denial, suspension or revocation of a permit under this article, he/she shall notify the owner/operator (respondent) in writing of the intent to deny, suspend or revoke the permit, including the grounds therefor, by personal delivery, or by certified mail.
The notification shall be directed to the owner/operator at the most current business address of the boarding home facility on file with the city. Within five (5) business days of receipt of such notice, the respondent may provide to the city secretary, in writing, a response that shall include a statement of reasons why the permit should not be denied, suspended or revoked. Within ten (10) business days of the receipt of respondent’s written response, the city secretary shall notify respondent in writing of the hearing date on respondent’s denial, suspension or revocation proceeding.
Within fifteen (15) business days of the city secretary’s receipt of respondent’s written response, the city manager shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the city secretary in the time stated above or, if after the hearing, the city manager finds that grounds as specified in this article exist for denial, suspension or revocation, then such denial, suspension, or revocation shall become final five (5) business days after the hearing unless within that time the city manager sends, by certified mail, written notice that the permit has been denied, suspended, or revoked or if the permit will be issued or allowed to remain in effect. If the permit is denied, suspended or revoked such notice shall include a statement advising the applicant or permittee of the right to appeal such decision to a court of competent jurisdiction.
If after a hearing, the city manager finds that insufficient grounds exist for the denial, suspension or revocation of a permit, then within five (5) business days after the hearing, the city manager shall withdraw the intent to deny, suspend or revoke the permit, and shall so notify the respondent in writing of such action by certified mail and shall contemporaneously issue the permit or allow the permit to remain in effect, as applicable.
When a decision to deny, suspend, or revoke a permit becomes final, the applicant or permittee (aggrieved party) whose application for a permit has been denied, or whose permit has been suspended or revoked, shall have the immediate right to appeal such action to a court of competent jurisdiction. Until the court of competent jurisdiction issues its final judgment, the decision to deny, suspends or revoke a permit shall remain in effect and be enforced.
A boarding home facility which is directly or indirectly a part of civil litigation, an administrative hearing, or procedures regarding the denial, suspension or revocation of the permit, such permit shall not be transferred, sold or given to another person during the pendency of the judicial or administrative processes.
(Ordinance O-12-21, sec. 1, adopted 9/6/12)