§ 22-203. Permit revocation.

(a)

Any permit issued hereunder shall be revoked by the city manager if the holder of the permit is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this chapter.

(b)

The permit may be revoked by the city manager after a hearing in front of the city manager or designee if the city receives at least two complaints against the permit holder alleging any violations of this article. The hearing shall be noticed in writing, by certified mail, return receipt requested, to the permit holder and shall not be less than ten days following the receipt of the notice by the permit holder. The notice shall state in specificity the time and place of the hearing and the reason(s) for the intended revocation. At the hearing, the city shall present evidence of the permit holder's violation of this article either through documents or affirmative testimony of the complaining parties and the permit holder shall be given an opportunity to rebut same and present his own evidence that no such violations have occurred. The burden of proof shall be on the city by preponderance of the evidence. If the city meets its burden, the city manager shall revoke the permit no later than five days following the date of the hearing.

(c)

Immediately upon such revocation, written notice thereof shall be given to the holder of the permit in person or by certified United States mail addressed to his residence address set forth in the application.

(d)

Immediately upon the giving of such notice the permit shall become null and void and must be turned in to the city manager's office.

(e)

A permit holder whose permit has been revoked in accordance with subsection (b) shall have the right to appeal said revocation to the city council or designated hearing officer by giving notice to the city manager no later than ten days following receipt of the revocation notice by the permit holder. The appeal hearing shall be scheduled no later than 30 days following the receipt of said appeal request and notice of same given to permit holder by mail no later than ten days prior to the hearing. At the hearing, the permit holder shall have the right to present evidence as to why the decision of the city manager or designee should be overturned and shall have the burden to show same by the preponderance of the evidence. The city council or designated hearing officer shall make a decision to sustain or reverse the city manager's decision within five days of the hearing and shall notify the permit holder of same in writing.

(f)

Any permit holder aggrieved by the final decision of the city council or designated hearing officer may appeal same by petition for writ of certiorari to the Superior Court of DeKalb County in accordance with the law.

(Ord. No. 695 , pt. I, 12-15-15; Ord. No. 732 , pt. I, 2-21-17)