§ 10-104. Denial.

(a)

Notification. Denial of a junkyard license, refusal to issue an original license or refusal to renew or reissue an existing license shall be made by the city clerk in writing setting forth the reason for the denial. Written notice of the denial shall be forwarded immediately to the applicant. An application may be denied for any of the following reasons:

(1)

Failure to meet the application requirements imposed by this division;

(2)

Failure to comply with the provisions of any law, including the provisions of this chapter;

(3)

Investigations indicating there is a reasonable likelihood that, because of the applicant's character or past business practices, the applicant will engage in deceptive or fraudulent practices or operate the junkyard in an unlawful manner; or

(4)

The manner in which the junkyard will be or has been conducted is not conducive to the public health, safety or welfare.

(b)

Appeal by applicant. The applicant may appeal a denial by filing with the city clerk a written notice of appeal within seven business days after notification of the denial. The city clerk shall refer a copy of this notice to the building and licensing committee. Upon receipt of a notice of appeal, the city clerk shall confer with the building and licensing committee to schedule a hearing. The hearing shall be held as soon as practical, but not later than seven business days after the filing of the notice of appeal with the city clerk. The hearing provided for shall be conducted by the building and licensing committee. The issue to be determined at the hearing is whether the denial of the junkyard license was proper. Within seven business days of the hearing, the building and licensing committee shall render a written decision stating the reason for the decision. The decision of the building and licensing committee shall be final.

(c)

Manner of hearing appeal. At the hearing, the applicant may be represented by counsel, may submit evidence, may cross examine testifying witnesses and may make arguments concerning the factual and legal issues. The building and licensing committee may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Notice may be taken of facts within the general knowledge of the community.

(Code 1984, § 7.8)