§ 6-29. Notice and hearing process; appeal.
(a)
Prior to imposing any sanction authorized by section 6-27 of this chapter, the city manager shall provide a written order to the licensee specifying the licensee's alleged violations of this chapter and the penalty to be imposed. Written notice of such order shall be delivered to the premises of the license holder by an officer of the Helen City Police Department. Delivery of the written notice to those premises shall be considered legal service of process.
(b)
The written order issued by the city manager in accordance with the procedures outlined above shall be stayed for a period of ten days after the service of the order. During this ten-day period, the licensee shall have the right to file a written hearing request with the city commission, stating the grounds for appeal of the city manager's order. If the licensee files a timely request for hearing, the city manager's order shall be stayed until the licensee's hearing is held or the request is withdrawn. If the licensee does not file a timely request, the city manager's order shall become final, and the sanctions imposed against the license in said order shall begin on the 10 th day after service of the order, and any fines imposed shall be due and payable immediately.
(c)
If timely written hearing request is filed, a hearing shall be held before the Helen City Commission to determine if the violations have occurred. The date of the hearing shall be not less than five nor more than 30 days after the date of the filing of the written request for hearing. All testimony shall be sworn. The city manager or his designee will bear the burden of proof by preponderance of the evidence that the violation(s) have occurred. Following the hearing, the city commission may sustain, overrule or modify the order of the city manager. If the city commission does not find by a preponderance of the evidence that the violation as cited occurred, the city commission will overrule the order. Otherwise, if the city commission finds by preponderance of the evidence that the violation(s) occurred, the city commission will sustain or modify the city manager's order, based upon the evidence presented in the hearing.
(d)
The findings of the city commission hearing shall be final unless appealed within 30 days of the date of said findings by certiorari to the superior court of White County.
(Ord. No. 17-7-01 , 8-1-17)