Ordinance 2021-562 - Laserfiche WebLink

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(1) At any time prior to the expiration of 30 days following the service of the notice of intent to revoke and/or suspend the certificate of use, the certificate holder may request in writing that the Code Enforcement and T ieensing Director schedule a hearing on the basis that he/she wishes to appeal the pending revocation notice. The office of the City Clerk, in consultation with the City Special Master Magistrate, shall set the matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as practical, provided that the hearing date is not more than 45 calendar days from the date of the City's receipt of the timely request for appeal. The certificate holder shall receive a minimum of 15 days' written notice of the hearing which shall set forth the time and place for the administrative hearing. (2) The hearing shall be conducted by the Special Master Magistrate. The City Attorney shall represent the Special Master Magistrate. Separate attorney appointed for such purpose may represent the Director at the hearing. (3) The proceedings at the hearing shall be recorded by the City Clerk. (4) The hearing shall be conducted in an informal manner and the formal rules relating to evidence and witnesses shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if the Special Master Magistrate finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. (6) Requests for continuances will not be considered if not received by the Special Master Magistrate at least seven calendar days prior to the date set for the hearing. (7) The proceedings at the hearing shall be conducted as follows: (a) The Director shall present testimony in evidence. (b) The certificate holder shall then present testimony in evidence. (c) Each side shall have the right of cross-examination at the conclusion of the other's presentation. (d) The Special Master Magistrate shall have the right of inquiry. (e) Each party shall have the right to present rebuttal evidence. (fl Upon completion of the presentations, the hearing shall be closed, and the Special Master Magistrate shall analyze the testimony and evidence of record and shall render a decision either affirming or denying the determination of the Director. (8) The decision of the Special Master Magistrate shall be reduced to writing and copies thereof shall be furnished to the Director and certificate holder within five business days of the hearing. (b) Upon the time period for such appeal having expired, and no such appeal having been filed, or upon the expiration of such appeal procedures resulting in the affirmation of the decision of the Special Master Magistrate, the certificate shall stand automatically and immediately revoked and no new certificate shall be issued. Upon revocation, the certificate holder shall immediately cease doing business in any location listed therein. 14