§ 36-83. Enforcement; suspension or revocation of permits.

(a)

Any collector found to have violated the requirements of this article shall be subject to the penalties provided for in section 1-8. In addition, the manager is authorized to suspend or revoke any permits issued pursuant to the provisions of section 36-116. Except for good cause shown, the duration of any such suspension or revocation occurring within any five-year period shall be as follows:

(1)

Upon a first offense, any permit issued to the offender shall be suspended for a period of fourteen (14) days.

(2)

Upon a second offense, any permit issued to the offender shall be suspended for a period of twenty-eight (28) days.

(3)

Upon any subsequent offense, any permit issued to the offender shall be revoked for a period of two (2) years.

(b)

Any person, firm, corporation or other entity penalized pursuant to this section or whose permit has either been suspended or revoked pursuant to this section may request and shall be granted a hearing on the matter before any three (3) of the following four (4) individuals: the Mayor, the Town Clerk, the Director of Human Resources, the Zoning Enforcement Officer or the duly authorized designees of said individuals; provided, that either such person, firm, corporation or other entity shall file in the office of the Department of Public Works a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the fine has been levied or the permit suspended or revoked, or, notwithstanding the foregoing, the Department of Public Works determines that a hearing is appropriate. Upon receipt of such petition, or upon a determination by the Department of Public Works that a hearing is appropriate, the Department of Public Works shall set a time and place for such a hearing and shall give the petitioner written notice thereof. The filing of such a petition or the establishment of such a hearing shall operate to stay any proposed penalty until the decision of the hearing board is rendered. At such hearing the petitioner shall be given the opportunity to be heard. Any such petitioner may be represented by counsel of his choosing, shall have the right to present evidence, cross-examine witnesses and present oral and written testimony. Within ten (10) days following any such hearing, the petitioner shall be advised in writing, by certified mail, of the decision of the hearing board, which decision shall include written findings of fact which support that decision.

(c)

During the period of any permit suspension or revocation, no permit shall be issued:

(1)

To any person who is or was an owner of or partner in any unincorporated business whose permit, during the period of such ownership, was suspended or revoked or who owns or owned fifty (50) percent or more of the stock of any corporation whose permit, during the period of such ownership, was suspended or revoked.

(2)

To any partnership or unincorporated business in which any owner or partner is or was the owner of or partner in any unincorporated business whose permit, during the period of such ownership, was suspended or revoked or in which any partner or owner owns or owned fifty (50) percent or more of the stock of any corporation whose permit, during the period of such ownership, was suspended or revoked.

(3)

To any corporation in which the owner of fifty (50) percent or more of the stock is or was the owner of fifty (50) percent or more of the stock of any corporation whose permit, during the period of such ownership, was suspended or revoked or is or was the owner of or partner in any unincorporated business whose permit, during the period of such ownership, was suspended or revoked.

(d)

For purposes of the computation of the ownership of stock in any corporation or the interest in any partnership or unincorporated business under the provisions of this subsection, the interest of any person shall include: Any beneficial interest held for the benefit of such person or for the benefit of any person of the type set forth in this subsection whether in trust or otherwise; or any interest owned by the spouse of such person if the person and the spouse shall file a joint tax return for purposes of federal or state tax; or any interest owned by any person who the person shall claim as a dependent upon his federal or state tax return.

(e)

The City may require of any permittee or permit applicant such information, under oath, as it deems necessary for purposes of enforcement of subsection (c) of this section. To the extent permitted by law, such information shall not be disclosed except to the extent necessary for the determination, by the appropriate municipal authorities, of a permittee's compliance with the provisions hereof.

(Code 1961, § 16A-95; Ord. No. 471, 5-27-1993)