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91-88 Newspaper dispensing devices
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91-88 Newspaper dispensing devices
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Last modified
5/14/2013 3:06:49 PM
Creation date
9/8/2003 5:54:01 AM
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Office Of Council
Document Type
Ordinances
Date
9/8/2003
Date Adopted
3/6/1989
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(4) <br /> <br />(5) <br /> <br />(6) <br /> <br /> determination to deny the application or <br /> revoke the permit, the applicant or permittee <br /> shall have seven (?) calendar days after <br /> receipt of the notice to remedy the cause set <br /> forth in the notice or appeal the preliminary <br /> determination of the Mayor. In the event the <br /> applicant or permittee elects to appeal the <br /> preliminary determination, the Mayor or <br /> Mayorts designee will conduct a hearing <br /> concerning the causes, set forth in the <br /> preliminary determination within fourteen <br />(14) days of the date upon which the notice <br />was issued, but in no event less than eleven <br />(11) days after the issuance of such notice. <br />After said hearing, if it is conducted <br />pursuant to this ordinance, the Mayor shall <br />issue a final determination. (3) If the <br />applicant or permittee remedy the cause set <br />forth in the notice issued pursuant to <br />subsection (2) of this section within the <br />time period set forth in the notice, the <br />Mayor shall either grant the application or <br />rescind the revocation of the existing permit <br />and no hearing on the preliminary <br />determination shall be conducted. <br />A person aggrieved by a final determination <br />of the Mayor in refusing to grant or <br />revoking a rental permit after the hearing <br />set forth in subsection (3) of this section, <br />shall have. the right to appeal to Council. <br />Such appeal shall be taken by filing a notice <br />of appeal including a statement of the <br />grounds for the appeal with the Clerk of <br />Council within ten (10) days after notice of <br />the final determination by the Mayor has been <br />given. Council shall set the time and place <br />for hearing such appeal and notice of .such <br />time and place Shall be given in the same <br />manner as specified hereinabove. The Council <br />shall have the power to reverse, affirm or <br />modify the decision of the Mayor and any such <br />decision made by the Council shall be final. <br />In the event that Council fails to hear and <br />decide such appeal within ninety (90) days of <br />the date of docketing of such appeal on the <br />Council agenda which shall be the first <br />Council meeting after the filing of such <br />appeal, the appeal shall be sustained and the <br />relief sought in the appeal shall be granted, <br />except that such relief shall be limited to <br />that provided Council herein. <br />The Mayor and Council shall have subpoena <br />power to compel attendance of witnesses at <br />the hearing for which this section makes <br />provision. Included in the subpoena power <br />contained herein is the power and duty to <br />subpoena witnesses and compel the attendance <br />of witnesses on behalf of the appellant, but <br />all at the expense of the appellant. <br />The filing of an appeal to Council of the <br />final determination of the Mayor under this <br />section shall stay the decisio~ of the Mayor <br />to revoke a permit until after the permittee <br />has exhausted all rights of appeal provided <br />by the Codified Ordinances of the City of <br />Lakewood and for seven days thereafter. <br /> <br />8 <br /> <br /> <br />
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