§ 16-193. Appeal process for license denial or revocation.

(a)

License denial.

(1)

The director shall issue the applicant a written notice of a used automotive parts recycler license application denial by certified mail, return receipt requested. The denial notice shall inform the applicant of the right of appeal and of the time limit for the written notice of appeal.

(2)

The applicant shall have the right of an appeal to the city council if requested in writing and delivered to the city clerk within thirty (30) days after the applicant's receipt of the director's written notice of dealer's license denial. If currently licensed, an appeal from the order of the director shall stay all proceedings unless the director certifies, by reason of the facts stated in the certificate, a stay in his opinion would cause imminent peril to life or property. When such a certificate is filed, proceedings shall not be stayed except by a restraining order granted by a court of proper jurisdiction. Upon disposition by city council, any stay of proceedings is lifted.

(3)

The city council may uphold, reverse, or modify the director's decision or action. Failure to appeal to the city council within the prescribed period shall render the director's decision or action final.

(b)

License revocation.

(1)

The director shall issue the used automotive parts recycler written notice of license revocation by certified mail, return receipt requested. The license revocation notice shall inform the used automotive parts recycler of the right of appeal and of the time limitation for the written notice of appeal.

(2)

The used automotive parts recycler has the right of an appeal to the city council if requested in writing and delivered to the city clerk within thirty (30) days after the receipt of the director's written notice of used automotive parts recycler's license revocation. An appeal from the order of the director shall stay all proceedings unless the director certifies, by reason of the facts stated in the certificate, a stay in his opinion would cause imminent peril to life or property. When such a certificate is filed, proceedings shall not be stayed except by a restraining order granted by a court of proper jurisdiction. Upon disposition by city council, any stay of proceedings is lifted.

(3)

The city council may uphold, reverse, or modify the director's decision or action. Failure to file an appeal to the city council within the prescribed period shall render the director's decision or action final. Revocation of a license may not exceed one (1) year.

(Ord. No. 2012-12-13-1006, §§ 2—51, 12-13-12)