§ 28-26. Revocation and suspension.

(a)

Grounds. The appeals and advisory board is authorized to uphold, modify or overrule the director's decision to suspend or revoke the city issued license of any person found to have:

(1)

Committed any fraud or deceit in obtaining a license.

(2)

Secured sign permits under his license and thereafter allowing a person without a proper license to do the work.

(3)

Committed gross negligence, incompetency, or misconduct in the performance of sign work. Misconduct includes, but is not be limited to, a failure to:

a.

Offer remittance on permit applications upon ninety (90) days past due and permits issued, and

b.

Close permits within the prescribed time period required by chapter 10 of this Code.

(4)

Intentionally made a false or misleading material statement on an application for a permit or registration form for nonconforming signs.

(b)

Hearing. In determining the validity of charges brought under this section, the appeals and advisory board shall proceed upon information provided to show just cause for license suspension or revocation. The board, whenever it deems the information sufficient to support further action on its part, shall convene a hearing to further investigate the charges. Procedural requirements follow chapter 10 of this Code. The accused may appear in person or be represented by counsel, or both, and present his defense to the board. If the accused fails, or refuses, to appear, the board may proceed to hear and determine the charge in his absence. If the accused pleads guilty, or if the board, by a majority of members present after a quorum has been established, finds the charges to be true, the board shall uphold, modify or overrule the director's decision to suspend or revoke the city issued license.

(c)

Record. When the board has completed its hearing, it shall file a record of its finding and decision with the city clerk and forward a certified copy of the finding and decision to the accused.

(d)

Length of suspension. If the board determines to suspend a license, it shall make a determination on the length of that suspension. In no case, however, may a suspension period exceed one hundred eighty (180) days, nor be less than thirty (30).

(e)

Appeal. Any appeal from the decision of the board shall be made to a court of proper jurisdiction by following procedures found under section 10-14.

(f)

Reapplication. If a license is revoked, a new licensed may not be applied for a period of one (1) year.

(g)

Operating while suspended or revoked. It shall be unlawful for any person whose license has been suspended or revoked by the board to engage in, or do, sign work for which a permit is required under this article.

(Ord. No. 2017-05-04-0297 , § 1(Att. 1), 5-4-17)