Newark Municipal Code Art. IV Appeals

The county health officer may at any time serve notice upon any person to whom a license and permit has been issued pursuant to the provisions of this chapter, of the failure of the person to comply with the requirements of this chapter or with the conditions of the license and permit. The notice shall be a written statement which shall set forth in concise language the acts or omissions with which the licensee is charged, specifying the specific sections of this chapter or the specific conditions of the license or permit which licensee is alleged to have violated. The notice shall be served personally, or by first class mail, postage prepaid, addressed to the licensee at the address shown on the application for the license and permit. The county health officer shall send a copy of the notice to the city council and request the city council to hold a public hearing to determine whether the license and permit should be revoked.

(Ord. 18.1 Art. IV § 1, 1956)

Within thirty days after the receipt of the request from the county health officer for a public hearing, the city council shall hold a hearing and give notice of the time and place of the hearing to the licensee, to the county health officer, and to such other persons as the city council deems should be notified, not less than five days before the date of the public hearing.

(Ord. 18.1 Art. IV § 2, 1956)

The notice shall be a written statement which shall set forth in ordinary and concise language the acts or omissions with which the licensee is charged, specifying the specific sections of this chapter or the specific conditions of the license or permit the licensee is alleged to have violated, and stating the date, time and place at which the question as to whether the license and permit should be revoked will be heard.

(Ord. 18.1 Art. IV § 3, 1956)

The notice shall be served personally, or by first class mail, postage prepaid, addressed to the licensee at the address shown on the application for the license and permit, and shall be deemed given when so deposited in the mail or served personally.

(Ord. 18.1 Art. IV § 4, 1956)

Failure of the licensee to appear at the hearing, after having been notified, may be deemed an admission by him of the act or omission charged in the notice, and in the event of such failure to appear at the hearing, the city council may revoke the license and permit without further evidence than that which served as the basis for the notice to the licensee. After the hearing is concluded, the city council shall, within twenty days, render its decision revoking the license and permit or dismissing the complaint, with a brief statement of its reasons therefor.

(Ord. 18.1 Art. IV § 5, 1956)