Ordinance No. 19742 - Laserfiche WebLink

Home Browse Search

2. All other violations only if they occurred within the preceding two years, Section 11. Subsection €1} of Section 3.055 of the Eugene Code, 197, is amended to provide: us~ness ~censes Summar S ~~`, ~ ,. ~~. ~~,..,_. Y u s p, e ra s i o n. ~1} Upon determining that a ~~censed activity or device presents an immediate danger to person or property, or that insurance or bond required by this code or rules promulgated hereunder has lapsed or been cancelled, the city manager may summarily suspend the 1 i tense far the activity or device. Section ~~. Section 3.060 of the Eugene Code, I971, is amended to pro- vide: 3.060 Business Licenses - Appeal. _~ } ~~ pp .., p 1 An~ ~ a 1 ~~~cant~~ whose ~a^pl i cati on for a 1 i tense has been denied, or a licensee whose license has been denied renewal, has been suspended, or is to be revoked, may, within 15 days after the date of notice of the denial, suspension ar revocation, appeal in writing to the city manager. The appeal shall be accompanied by a fee as established by the city manager and shall state ~a} The name and address of the appellant; fib} The nature of the determination being appealed; ~c} The reason the determination is incorrect; and ~d} what the correct determination of the appeal shou] d be. An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed. Except as provided in subsection ~6} of this section, the appeal fee is not refundW able. ~2} ~f a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. ~3} Unless the appellant and the city agree to a longer period, an appeal shal 1 be heard by a heari rags off i ter within ~5 days of the receipt of the notice of intent tv appeal. At least 10 days prior to the hearing, the city shat 1 mai 1 notice of the time and 1 ocati on thereof to the. appal 1 ant. ~4} The hearings officer shall hear and determine the appeal an the basis of the appellant's written statement and any additional evidence he/she deems appropriate. At the hearing the appellant may present testi- mony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply. ~5} If the appeal is from a denial, the applicant shall carry the burden of proving that he/she is entitled to the license and wherein the city erred i n its denial . If the appeal i s from a revocati on ar suspension, the city shall carry the burden of proving that the revocation or suspension was proper. ~6} The hearings officer shall issue a written decision within ~0 Ordinance - 8