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HomeMy Public PortalAbout017-1978 - Procedures in the event of a violtation which a license or permit is issuedGENERAL ORDINANCE NO. 17 -1978 AN ORDINANCE TO PROVIDE FOR PROCEDURES TO BE USED IN THE EVENT OF AN ALLEGED VIOLATION OF AN ORDINANCE OF THE CITY OF RICHMOND BY WHICH A LICENSE OR PERMIT IS ISSUED. WHEREAS, there are now and will be enacted Ordinances of the City of Richmond which provide for the issuing of a license or permit, and WHEREAS, it is necessary to provide a fair and just procedure for alleged violation of such ordinances. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA: SECTION 1. The following procedure shall be followed in the event that there be a complaint of alleged violation of any licensing ordinance, of the City of Richmond, Indiana, or any ordinance of said city wherein a permit or license is required to allow the licensed business to operate, filed with the Board of Public Works and Safety of the City of Richmond, Indiana. (a) Upon receipt of a complaint by the Board of Public Works and Safety that there exists a violation of the provisions of any ordinance wherein a license is required to be issued, the Board shall send a "Notice" registered mail to licensee, setting out the alleged violation and provisionally revoking the license of licensee ten days after receipt of notice. (b) The Notice to be sent in (a) above shall contain the following information: (1) date of notice, (2) address of Board of Public Works and Safety and when said Board may be contacted by licensee, (3) set out the particular sections of the ordinance which are alleged to have been violated and how these sections have been violated, (4) that licensee to whom notice is sent shall have ten (10) days to correct alleged violation at which time an inspection shall be made to determine if alleged violation has been corrected, (5) that in the event the licensee, receiving Notice, believes the "notice" is sent in error, the licensee may, by notifying the Board, request a hearing before said Board to determine whether or not there has been a violation; that said hearing shall be held within ten (10) days of receipt of application for said hearing, (c) That upon receipt of Notice by licensee, licensee may request a hearing before the Board to determine whether or not there was a violation, (d) That upon the licensee alleged to be in violation of the provisions of the ordinance making a request for a hearing before the Board, a hearing shall be held within ten (10) days of said application for a hearing, but not less than five (5) days, and notice thereof be sent to licensee, (e) The Board shall hear evidence given under oath and shall determine after hearing all evidence whether or not there was a violation, (f) If Board shall determine there has been a violation and it shall notify the licensee that the license is (1) revoked, (2) will be revoked if a violation found to exist is not corrected within ten (10) days, or (3) that there was no violation and the license is reinstated. (g) I£ no hearing is requested by licensee and an inspection made ten (10) days after receipt of notice by licensee shall reveal that the violation complained of has not been corrected then the provisional revocation shall become permanent. (h) That the decision and findings of the Board shall be in writing and a copy thereof delivered to licensee within twenty-four (24) hours of the making of the Decision. (i) That a license, revoked, cannot be re -issued for six (6) months. (j) That there shall be no refund of any license fee. SECTION 2. That this Ordinance No. 17 -1978 shall be in full force and effect upon passage by the Common Council of the City of Richmond, Indiana; approval by the Mayor and publication hereof as required by law. PASSED AND ADOPTED BY THE COMMON COUNCIL (YF THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA, this_day of _, 1978• 1, r sident o f Common/Council ATTEST:\ �- City Clerk PRESENTED by me, JoEllen Trimble, City Clerk, to he Mayor of the City of Richmond, Indiana, this day of �_.L' , 1978. City Clerk APPROVED by me, lifford J. Dic an, Mayor of the City of Richmond, Indiana, this day of , 1978. i� ATTEST: QL lam_` Ll" City Clerk Mayo r The foregoing Ordinance was published, according to law, the7� '_day of ,, ? , 1978, in the Palladium -Item newspaper, published and circulated in the City of Richmond, Wayne County, Indiana.