A. Notice of action. The city clerk shall provide written notice to the applicant of a license denial or to a licensee of any license nonrenewal, proposed revocation, or civil penalty and the grounds therefore. Notice of a proposed revocation shall be provided ten (10) days prior to the effective date of such revocation or assessment of civil penalty. Notice shall be by personal service or by mailing a copy of the notice by regular and certified mail, postage prepaid to the business address provided by the licensee in his/her license application. Notice by mail shall be deemed complete upon the third day following deposit of the notice in the United States mail.

B. Right of appeal. Any person whose application for license or license renewal has been denied, or who is subject to a notice of proposed license revocation or civil penalty, shall have a right of appeal there from to a hearing examiner, as created and authorized under Ch. 2.51 VMC. Such appeal shall be in writing, signed by the person(s) appealing, and shall be filed with the city clerk no more than ten (10) calendar days from the date the city personally serves the notice of denial, nonrenewal, revocation or civil penalty, if not served personally, no more than thirteen (13) calendar days after the city deposits the notice in the U.S. mail. The effective date of a revocation or assessment of civil penalty shall be stayed pending outcome of the appeal.

C. Content of an appeal. The written appeal shall state the name and address of the appellant, shall explain how the appellant has standing to file the appeal and shall list grounds for the appeal, including any alleged error of fact or law in the notice of denial, nonrenewal, revocation or civil penalty.

D. Failure to appeal. Failure to appeal a notice of denial, nonrenewal, revocation or civil penalty as provided in this subsection constitutes a waiver of all right to an administrative hearing and determination of the matter.

E. Hearing and appeal procedures. The pre-hearing procedures for appeals from a notice of denial, nonrenewal, revocation or civil penalty shall be governed by VMC 22.03.030.

The hearing procedures shall be governed by VMC 22.03.040; provided that the burden of proof in such hearings shall be on the city to prove by preponderance of evidence that grounds for denial, nonrenewal, revocation or civil penalty exist.

The decision of the hearing examiner shall be governed by VMC 22.03.050; provided that the hearing examiner shall either affirm or vacate the city clerk’s notice of denial, nonrenewal, revocation or civil penalty and shall have no authority to modify the clerk’s decision or impose a modified corrective action. The official record of the appeal proceedings shall be governed by VMC 22.03.060.

Unless otherwise stated in the hearing examiner’s order, such order shall be final and conclusive ten (10) days from the date thereof unless the city or any other party of record makes application to a court of competent jurisdiction for judicial review and stay of enforcement. (Ord. M-3728 §6, 2005; Ord. M-3258 §1 (part), 1996)