§ 5.16.080. Suspension or revocation.

A.

The permit of any person or organization who violates the terms of a permit issued under this chapter may be suspended or revoked by the director, after reasonable notice and an opportunity to be heard. The permittee shall have an opportunity to present evidence and to make argument. The formal rules of evidence shall not apply and the director shall make his decision on the basis of a preponderance of the evidence.

B.

Any person who is authorized to engage in regulated activities under this chapter on behalf of a permittee may have his or her permission to engage in regulated activities suspended or revoked by the director in accordance with the procedures set forth in Section 5.16.080 A.

C.

A person or organization may appeal a suspension or revocation of a permit or the suspension or revocation of the permission of a person to engage in regulated activities on behalf of a permittee, if such person or organization requests an appeal in writing, delivered to the city clerk not more than ten business days after notice of the suspension or revocation is received. A copy of the appeal shall also be furnished to the director. If the appeal is from a suspension, receipt of a written appeal by the city clerk will toll the period of suspension until the appeal is heard and decided by the city council.

D.

The city council shall conduct the hearing and make the final determination on the matter. The council shall, as soon as practicable, hear such appeal, after reasonable notice to the appealing party and the director. The appealing party and the director shall have the opportunity to present evidence and to make argument. The formal rules of evidence shall not apply and the city council shall make its ruling on the basis of a preponderance of the evidence. The city council shall sustain, reverse or modify the action of the director and certify its action to the director. The decision of the city council is final.

(Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)