HomeMy Public PortalAboutOrd. 0875ORDINANCE No. 875
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDINC
CHAPTER 20 OF THE LYNWOOD CITY CODE TO ADD
THERETO A NEW ARTICLE III PROVIDING PROCEDURE
FOR THE SUSPENSION AND REVOCATION OF BUSINESS
LICENSES AND SPECIAL PERMITS.
The City Council of the City of Lynwood, California,
does hereby ordain as follows:
Section 1. Chapter 20 of the Lynwood City Code is
amended to add thereto Article III thereof as follows:
"ARTICLE III. Revocation of Permits and Licenses.
"2~•300. Suspension of Special Permits or License by
City Manager. Any special permit or license issued under Articles
I and II except a Home Occupation license as provided in Section
20.65.2 may be suspended at any time by the City Manager, after
public hearing, due notice of which shall be furnished the licensee,
if the City Manager shall find, upon evidence heard, that:
"A. Any facts exist upon which a denial of such special
permit or license would be authorized.
"B. The licensee, or any agent or employee of the licensee,
has violated, or has been convicted of violating any of the terms
of this chapter, of any regulation imposed pursuant thereto, or of
any law, statute, ordinance, rule, order or regulation of the City
of Lynwood, of the State, or of the United States, now or hereafter
in foree regulating the occupation or other activity for which the
special permit or license has been issued.
"C. The licensee or permittee obtained the license or
permit by fraudulent misrepresentations.
"D. If the license authorizes engaging in the business
of repairing any property such as radios, television, or vehicles, the
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licensee or any agent or employee of the licensee has stolen or
been convicted of the theft of such property or any part thereof
or has been convicted of receiving such stolen property in violation
of Section 496 Penal Code.
"A suspension of a special permit or license by the City
Manager under this article shall continue in force only until the
second regular meeting of the City Council following the date of the
suspension of the special permit or license by the City Manager,
unless the suspension is lifted by the City Manager prior to that
meeting of the City Council, at which meeting, the City Council
shall hold a public hearing to determine whether or not said permit or
license shall continue to be suspended, and if to be continued,
for what additional period of time. The City Manager, upon
suspending a special permit or a license, shall forthwith notify
the City Clerk thereof and within five (5) days follo~ing such
suspension shall £ile in the office of the City Clerk a detailed
written report setting forth all of the facts leading to the
suspension and the reasons therefor. The City Clerk shall thereupon
set the matter for a public hearing by the City Council at the
second regular meeting of the City Council following the date o£ the
suspension, and shall give the licensee or permittee written notice
thereof by registered or certified mail, not less than ten days
before said meeting. In considering the matter before it the
City Council shall be guided by paragraphs A, B, C, and D of Section
20.300. The decision of the City Council shall be made and filed
with the City Clerk within five (5) days after said hearing and
if the decision is not made at the conclusion of the hearing the
suspension shall remain in effect pending the making and filing
of the decision, as aforesaid. No suspension shall exceed a period
of 60 days from the date of the suspension. If the City Council
shall fail to make and file its decision within said five (5) day
period the suspension shall be deemed lifted. The decision of the
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City Council shall be final.
"20.301. Suspension or revocation of special permit
or license by the City Council.
"Irrespective of Section 20.200, any license or special
permitissued under the provisions of Articles I and II except a
Home occupation license as provided in Section 20.65.2 may be
suspended or revoked by the City Council acting as follows:
"1. An accusation or complaint may be filed in writing by
the City Manager, or by any interested person against any permittee
or licensee alleging that said licensee or permittee is not in
compliance with, is in violation of or comes within thecategory
of subparagraphs A through D of Seetion 20.300, or of any of
these subparagraphs. The City Clerk shall include said accusation
or compl~t on the agenda of the next regular meeting of the City
Council; provided, however, that any accusation or complaint filed
in the office of the City Clerk within 48 hours of the time
scheduled for the next regular meeting of the City Council shall
not be considered until the following regular meeting of the City
Council. The City Clerk shall give notice of the time and place
of said hearing by registered or certified mail addressed to the
last address appearing on the rolls of the license collector for
said licensee or permittee, or if the license collector has
knowledge of a better or more recent address, to that address.
"2. The City Council shall, at the meeting wherein said
complaint or accusation is upon the agenda of said meeting, as
aforesaid, set the complaint or accusation for a pu~lic hearing,
which hearing shall be not less than 10 days nor more than 20 days
from the date of the setting thereof.
"3. The accusation or complaint shall be made on forms
provided by the City Clerk and the information contained in said
forms shall be in compliance with subparagraphs A through D of
Section 20.300, and the City Clerk, shall not file an accusation or
complaint, the allegations of which, do not come within the frame
of reference of Section 20.300, subparagraphs A through D.
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"4. The City Clerk shall mail to the permittee or
licensee with the notice of the public hearing a copy of said
accusation or complaint.
"5• In making its decision as to whether the permit or
license shall or shall not be suspended or revoked the City Council
shall be guided in its deliberations by subparagraphs A through
C of Section 20.300. No permit or license shall be suspended for
a period in excess of 60 days.
"6. Revocation o£ Home occupation license. The City
Manager shall not suspend nor shall the City Council suspend or
revoke a Home Occupation License, unless the Planning Commission
has revoked the Home Occupation License Permit and the action of
the Planning Commission thereon has become final. A£ter the
revocation of the Home Occupation License Permit has become final
the City Manager shall forthwith file an accusation against the
licensee and the procedure for prosecuting said application and
the licensee's rights and privileges thereunder shall be the
same as for the revocation of a license or special permit o£ any
with
other licensee or permittee and in accordanee/the provisions of
Section 20.301.
Section 2. Section 20.88 through 20.92 of the Lynwood
City Code are repealed.
Section 3. The City Clerk is hereby ordered and directed
to certify to the passage of this ordinance and to cause the same
to be published once in the Lynwood Press, a newspaper of general
circulation, printed, published, and circulated in the City of
Lynwood.
First read at the regular meeting of the City Council of
said city held on the 7th day of April, 1970, and finally
adopted and ordered published at the regular meeting of said Council
held on the 21st day of April, 1970 , by the following vote:
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Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens.
Noes: None.
Absent: None.
/t, ~ ~,
'_ - - _~C~ ~ ~~i C ~~-' '-~~,. %
Mayo of the City f Lyn~tood
ATTEST:
~, ' /~(/ ~//~ /
~``ts~ '~~ ~' ~' ~~:L~.S.Ll .' „ .GC.~. .i . --~
Cit lerk, City of Lynwood
STATE OF CALIFORNIA )
. ss.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of
Lynwcod, and ex-officio clerk of the Council of said
city, do her~~y certify that tne above is a true and
coz~~~ecr copy cf 0;^dinance Nc. 875 adopted by the City
Coun~,;.?.~_i' the City of Lynwood, and that same was passed
o: ~ e~^ 5_~~ =~ an:] by the vote therein stated. ~
Dated this 2znd day of April , 1970 .
~' ~'j~'~C< <t> /~ p'Lu ~',~/r. L`L'~ _ /
G IT CLERK, CITY~OF LYNWOOD