5.01.160 Notice and order.
A. Issuance. The city license officer shall issue a notice and order, directed to the licensee or owner of the premises determined to be in violation of any of the terms and provisions of this chapter. The notice and order shall contain:
1. The street address, when available, and a legal description sufficient for identification of the premises upon which the violation has occurred;
2. A statement that the license officer has found the conduct of the licensee or condition of the premises to be in violation of this chapter, with a brief and concise description of the conditions found to render such licensee or premises in violation;
3. A statement of any action required to be taken to comply with this chapter, as determined by the city license officer. If the license officer has determined to assess a civil penalty, the order shall require that the penalty shall be paid within a time certain from the date of order;
4. A statement of any action taken by the city license officer;
5. Statements advising (a) that the person may appeal from the notice and order to the city hearing examiner, provided that the appeal is made in writing as provided in this chapter, accompanied by the appeal fee and filed with the city license officer within 15 days from the date of service of such notice and order; and (b) the failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
B. Method of Service. The notice and order shall be served upon the licensee either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to such licensee at his/her address as it appears on the most recently issued business license. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
C. Appeals. Appeals of any notice and order and any penalty imposed hereunder may be brought by any person entitled to service of the notice and order within 15 calendar days after service of the notice and order. Such requests for an appeal and hearing shall be filed with the city license officer, and be accompanied by the hearing examiner filing fee. The city license officer shall notify the applicant by mail of the time and place of the hearing before the hearing examiner. (Ord. 1394 § 7, 2018; Ord. 666 § 1, 1994).