Section 5.04.150 Contractors.
Prior to the adoption of 5.04.150 (Ord. 2077) on 08/05/2002, Section 5.04.150 read as follows.
A. When the conduct or operation of
any business or establishment, whether or not licensed,
shall constitute a nuisance in fact and a clear and present danger to the public health, safety or
general welfare, the mayor shall be authorized to summarily order the cessation of business, the
closing of the premises, and the suspension of any license or permit for a period not to exceed ten
days.
B. Within eight days after he has
so acted, the mayor shall call a hearing for the purpose of
determining whether or not the license or permit should be revoked.
C. Licenses and permits issued under
the ordinances of the city, unless otherwise provided,
may be revoked by the mayor after notice and hearing as provided in subsections D and E of this
section for any of the following causes:
1. Any fraud, misrepresentation or
false statement contained in the application for the license
or permit;
2. Any violation by the licensee or
permittee of ordinance provisions relating to the license
or permit, the subject matter of the license or permit, or the premises occupied;
3. Conviction of the licensee or permittee
of any felony or of a misdemeanor involving moral
turpitude;
4. Failure of the licensee or permittee
to pay any
fine or penalty owing to the city;
5. Refusal to permit an inspection
or sampling, or any interference with a duly authorized
city officer or employee while in the performance of his duties in making such inspections, as
provided in Section 5.04.140.
Such revocation, if ordered, shall not preclude prosecution
and imposition of any other
penalties provided for the violation of other applicable ordinances of the city.
D. Notice of the hearing for revocation
of a license or permit shall be given in writing setting
forth specifically the grounds of the complaint and the time and place of the hearing. Such notice
shall be sent by certified mail (return receipt requested) to the licensee or permittee at his last
known address, at least five days prior to the date set for the hearing.
E. At the hearing, the city attorney
shall present the complaint and shall represent the city.
The licensee or permittee shall be permitted counsel and shall have the right to submit evidence
and cross-examine witnesses. The mayor shall preside and shall render the decision. (Prior code
§ 7-1-13)
5.04.150