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.