§ 22-71. Amendment, suspension and revocation of operation authority.

(a)

Suspension and revocation of a permit. The following apply to the suspension or revocation of a biannual permit:

(1)

The city manager may suspend or revoke a permit if he determines that the holder has:

a.

Failed to comply with a correction order issued to the holder by the city manager within the time specified in the order;

b.

Intentionally or knowingly impeded the city manager or any other law enforcement agency in the performance of its duty or execution of its authority;

c.

Failed to comply with any of the provisions of this article;

d.

Breached the terms of the permit;

e.

Failed to pay city ad valorem taxes on any property of the holder used directly or indirectly in connection with the permit; or

f.

Failed to pay a permit fee within thirty (30) days from the day it was due.

(2)

A suspension of a permit does not affect the expiration date of the permit.

(3)

After revocation of a permit, a holder is not eligible for a permit for a period of two (2) years.

(b)

After suspension of a permit, a holder may file with the city manager a written request for reinstatement of the permit. The city manager shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the city manager may reinstate the permit or deny reinstatement.

(c)

An applicant may appeal a decision by the city manager suspending a permit to the city council by filing a written notice of appeal with the city secretary within ten (10) days of notification of the adverse decision.

(d)

In any event and notwithstanding the foregoing, the city manager may, at any time with or without notice to the permittee, remove all or any part of any improvements for which a permit has been issued without liability therefor if the public convenience and necessity so require in the event of emergency or other lawful need by the city for access thereto, subject to the applicant's right of appeal as aforesaid.

(Ord. No. 88-03, § 1, 4-5-1988)