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<br />city Commissiofl at least 10 days prior to the regl:llar meeting of the City <br />Commission. <br /> <br />Section 13. Grounds for Denial and Procedures for Appealin2 <br />Denial of Application <br /> <br />(B) Any person whose application for license has been rejected by the <br />Director of Code Enforcement or his designee may appeal the decision by <br />filing a written appeal with the City Manager within ten (10) days of the <br />decision. The City Manager or his designee shall schedule a hearing <br />before a Special Master within thirty (30) days from the date of the filing <br />of the appeal. New information and material may be received and <br />considered by the Special Master where such information and material are <br />pertinent to the determination of the appeal and the Special Master shall <br />have the authority to override the decision of the Director of Code <br />Enforcement or his designee. Any applicant whose appeal has been <br />rejected by the Special Master may appeal the decision to the Circuit Court <br />as authorized by law. No applicant aggrieved by the decision of the Code <br />and Licensing Enforcement Official may apply to the Circuit Court for <br />relief unless the applicant has first exhausted the remedies provided for <br />herein and taken all the steps provided in the City's Code of Ordinances. <br /> <br />(C) At the hearing before the Special Master, the City Attorney shall <br />represent the Special Master and the representative for the City, whether it <br />be the Code and Licensing Enforcement Official, or his designee, shall not <br />act as the legal advocate at a trial in which s/he is likely to be a necessary <br />witness on behalf of the City unless the testimony relates solely to a matter <br />of formality and there is no reason to believe that substantial evidence will <br />be offered in opposition to the testimony. <br /> <br />Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the <br />same are hereby repealed. <br /> <br />Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is <br />declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not <br />be affected by such invalidity. <br /> <br />Section 4. Inclusion into the Code. The provisions of this Ordinance shall be included and <br />incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto <br />and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering <br />system. <br /> <br />Section 5. Effective Date. This Ordinance shall take effect ten (10) days after adoption on <br />second reading. <br /> <br />Occupational License Amendment.ord <br />7/13/00 12:07 PM <br />P,Walker <br /> <br />2 <br />