Ordinance 1400-87 - Laserfiche WebLink

1 Section 8: SUSPENSION, REVOCATION AND DENIAL - HEARINGS AND APPEALS 2 A. "Suspension" of a license means that the licensee's privilege to operate his/her business (in the case of a for-hire license) or to 3 operate a for-hire vehicle (in the case of a driver's license) is barred for a specific period of time. A suspended license may be 4 reinstated upon the lapse of a specified period of time or by correcting the deficiencies. The conditions of reinstatement will be 5 determined by the City Clerk. 6 B. "Revocation" of a license means that the license has been cancelled. A licensee whose license has been revoked cannot have his license 7 reinstated but must comply with all conditions of revocation including re-applying for a new license and paying all license fees. 8 C. When the City Clerk suspends or revokes a for-hire vehicle business 9 license or driver's license, the City Clerk shall first provide the licensee with a Notice of Proposed Suspension/Revocation which shall 10 provide notification to the licensee that a hearing will be held on the revocation/suspension at a time or date determined by the City Clerk. 11 The Notice of Proposed Suspension/Revocation will be sent to the licensee at the address found on the licensee' s application. It is the 12 licensee's duty to keep the address information on the application current at all times. The City Clerk will preside over the hearing. 13 In the event the licensee fails to attend the hearing, the license will automatically be revoked/suspended. Any revocation/suspension will not 14 be effective until the City Clerk makes a determination following the hearing. 15 D. Notwithstanding subsection C herein, a license suspension/revocation 16 shall become effective immediately without the benefit of any pre-suspension/revocation hearing when the ordinance requires a summary 17 revocation/suspension or when the City Clerk determines that it is in the best interest of the health and/or safety of the citizens of 18 Everett to do so. 19 E. Within ten days following revocation or suspension of any license issued pursuant to this ordinance, or within ten days following the 20 denial of any license regulated by this ordinance, an appeal may be filed with the City Council . Upon the receipt of such notice, the 21 licensee shall be afforded a hearing before the City Council after reasonable notice has been given. Said appeal shall be in writing and 22 addressed to the City Council , "ATTENTION: City Clerk." Notice of the time and date of such appeal hearing shall be given by delivering a 23 copy of the notice to the holder of the license or by mailing a copy thereof to the holder at his last address as shown by the City Clerk 's 24 license records which notice shall be mailed or delivered at least five days before the date fixed for the hearing. The City Council shall , 25 within thirty days after the conclusion of such hearing, issue a decision as to the revocation, suspension or denial . Such decision of 26 the City Council shall be final and conclusive as of the date set forth in the decision, unless within fifteen (15) days from the effective 27 date of the City Council ' s order an aggrieved person or persons obtain a writ of certiorari from the Superior Court of Washington for 28 Snohomish County for purpose of review of the action taken. 29 It is unlawful for any person whose license has been revoked or suspended, to keep the license issued to him/her in his/her possession 30 or under his control , and the same shall immediately be surrendered to the City Clerk. When revoked, the license shall be cancelled, and when 31 32 7