A.
The supervising officer and such persons in the City's employ as he shall designate shall have the right to make such inspections of the subject matter of licensing, including the property, vehicles, equipment, facilities or books and records pertaining to the subject matter of licensing, as may be necessary for purposes of issuance, renewal or enforcement of any license under the provisions pertaining thereto. Refusal to permit such inspection shall constitute grounds for invoking sanction as set forth in § 170-25.
B.
The supervising officer shall, by regulations established,
provide such necessary identification of persons authorized to make
any of the aforesaid inspections.
If the supervising officer shall determine not to authorize the issuance or renewal of a license or to authorize such issuance or renewal only on certain terms and conditions, or shall seek to suspend, revoke or otherwise invoke sanctions against a licensee for any violations hereunder, he shall, except as provided in § 170-30, notify the licensee or the agent of a licensee of his intention to enter an order or directive relating to the license or the subject matter thereof. Such notice shall set forth the specific action contemplated, the reasons therefor and such violations or failure to conform to existing laws or ordinances on which the supervising officer intends to base his action. Such notice shall provide that it shall become an order or directive of the supervising officer unless a hearing is requested by the licensee or his agent as set forth under § 170-27.
A.
Notice as provided in this article may be served personally
or by prepaid telegram or by regular mail with postage prepaid, addressed
to the last known address of the licensee or his designated agent.
Service upon a licensee or his agent may also be obtained by service
of any such notice upon a member of the family of the licensee or
agent over the age of 14 at the address filed with City.
B.
Date of service of such notice shall be determined,
where service is by mail, as the day following the day of mailing
for notices to addresses within the City, and as of the fourth day
after the date of mailing for notices to addresses outside the City.
Where the day of service would fall upon a Sunday or other day when
mail is not ordinarily delivered, then the day of service shall be
the next regular delivery day.
A.
If no hearing is requested as provided herein, the
notice provided for in this article shall become a directive of the
supervising officer upon the expiration of the time to file a notice
of hearing.
B.
The supervising officer, upon receipt of the request
for hearing, shall set a date no less than five nor more than 30 days
from the date of receipt of the request and shall so notify the licensee
or his agent and any other parties in interest of the date of hearing.
A.
At any hearing provided hereunder, the supervising
officer shall be vested with all the powers provided by law to compel
the attendance of witnesses and parties in interest by issuance and
service of subpoena, to require by subpoena the production of books,
records or other documents at any such hearing which may be pertinent
to matters to be determined by him, and to enforce any such subpoena
or secure any order for the enforcement of any such subpoena as provided
by law.
B.
Failure of a licensee to produce books, records or
other documents under the licensee's control or available to the licensee,
upon request of the supervising officer at the time of hearing, shall
be grounds for denial of the license or renewal or for invoking the
action against such licensee.
C.
Determination shall be made within 10 days from the
completion of the hearing. The supervising officer shall issue an
order either incorporating the determinations and directions contained
in the notice, modifying the same or withdrawing the notice.
The supervising officer may provide the licensee
or his agent with a reasonable time, not to exceed 30 days, except
where major capital improvements on any real property are involved,
and then not to exceed 90 days, to comply with any requirements or
conditions relating to the subject matter of the license and to eliminate
any violations of any existing law or ordinance.
Where any violation or condition existing with
reference to the subject matter of the license is of such a nature
as to constitute an immediate threat to the public safety or health,
the supervising officer shall have the power to:
A.
Abate any violation and obtain compliance with the
use of public utilities and resources; and
B.
Immediately suspend any license or the operation of
the subject matter of the license, or both, or suspend the license
or operation, or both, on a short notice, dependent upon the immediacy
and urgency of the matters in violation.
Where abatement of a violation or condition
is required under this chapter, the supervising officer shall cause
to be certified to the licensee the cost of equipment or facilities,
and the licensee may request a hearing on the reasonableness of the
cost, as provided in this article. After such hearing, a final determination
shall be made as to the reasonable cost of abatement by the supervising
officer, and if confirmed by the City Council, such cost shall be
collected by the same procedure as other taxes.
A.
Except where otherwise expressly prohibited by law,
any licensee aggrieved by the final order or decision of a supervising
officer shall have the right, within 10 days after receipt of written
notice of the decision, to appeal such order or decision to the Mayor.
The Mayor shall thereupon fix a time and date for hearing and shall
afford the licensee an opportunity to show cause before him within
30 days from the filing of the appeal why the order or decision of
the supervising officer should not be affirmed.
B.
The Mayor shall provide notice of the date and time
of the hearing to other interested parties and the supervising officer.
Within 10 days after the appeal is heard, the Mayor shall issue such
directive to the supervising officer and the issuing officer as he
shall determine is appropriate, based on the matters elicited at the
hearing, and shall either affirm, modify or rescind the action taken
thereupon by the supervising officer. The findings and conclusions
of the Mayor shall be served upon the licensee in the same manner
as service of other notices under this chapter.
