2022/10/12 Council Agenda Packet

violations hearing examiner may be appealed to Snohomish County superior court within fifteen calendar days of the date of the decision. Section 4. Everett Municipal Code Section 5.100.120(A) is hereby amended to read as follows: A. Prior to suspending or revoking any license issued under this chapter, the city clerk will send a notice of proposed license suspension or revocation (“notice”) to the licensee. The notice shall be given by delivering a copy to the licensee or by mailing a copy thereof to the licensee at his the licensee’s last address as shown by the city clerk’s license records, which notice shall be delivered or mailed at least fifteen days before the date fixed for the hearing before the city’s violations hearing examiner (“hearing examiner”), as set forth herein. It is the licensee’s duty to keep the address information on the application current. The notice will include the following: 1. Specific grounds upon which the city clerk intends to suspend or revoke the license; 2. The date upon which the license will be suspended or revoked; 3. A hearing date, prior to the suspension or revocation date, for the matter to be heard before the hearing examiner; 4. A statement that, in the event the licensee fails to attend the hearing, the city clerk will automatically suspend or revoke the license; 5. A statement that if, following the hearing, the hearing examiner recommends suspension or revocation of the license, the licensee has the right to appeal to the city council as set forth in this section; 6. A statement that suspension of the license will be for a specific period of time, while revocation of a license means that the license has been cancelled; 7. A statement that if the license is suspended or revoked, continued operation of the business is a criminal offense; and 8. A statement that multiple suspensions within one year or a revocation of the license within the preceding five years of application may result in denial of future applications for a license under this chapter. Section 5. Everett Municipal Code Section 5.120.120(B) is hereby amended to read as follows: B. The procedure for revoking or suspending a license under this chapter shall be the following: 1. Upon determining that grounds for revocation or suspension exist, the city clerk shall send the licensee a notice of intent to revoke or suspend the license. 2. Such notice shall set forth the grounds for suspension or revocation and schedule a hearing before the clerk or his the clerk’s designee, with the clerk or such designee serving as the hearing examiner.