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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 -1- 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 -z- 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. -3- "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: -4- 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