2009-12-09 CC Packet - Laserfiche WebLink

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penalty with the maximum fine of $2,000 and/or 60 -day suspension or determine the license should be revoked. (3) License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The City Administrator also has the right to request a hearing before the Council if he or she or they believe there exists substantial reason making it appropriate to deviate front the presumptive penalty. If the City Administrator and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. (C) Multiple violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in division (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. (D) Subsequent violations. (1) Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Administrator and licensee agree in writing to add the violation to the first appearance. (2) The same procedure applies to a second, third or fourth appearance before the Council. (E) Subsequent appearances. (1) Upon a second, third or fourth appearance before the Council by the same licensee, the Council may impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. (2) However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. (F) Computation of violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. (0) Other penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend up to 60 days, revoke the license, impose a civil fine not to exceed $2,000, to impose conditions or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this chapter. 114