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<br />Sec. 14.379. Suspension and revocation oflicense. <br /> <br />(a) The building official may suspend the license of a building contractor or maintenance person who <br />has been convicted three times within one year of a violation of section 14.371 or 14.372 of this <br />chapter. The suspension will be for a period not to exceed six months. For purposes of this section, <br />deferred adjudication will be treated as a conviction. <br /> <br />(b) If the building official decides to suspend a license, the official will notify the licensee of the <br />suspension by first class mail to the licensee's last address on the building official's records, or by <br />hand delivery to the licensee. Notice by mail is deemed to be received three days after posting. <br /> <br />(c) The licensee may appeal a suspension decision to the construction board of adjustments and <br />appeals by filing a written request within 15 days of receiving notice of the suspension. The board <br />will hold a hearing to determine whether the suspension decision should be sustained or reversed. The <br />board will follow the hearing procedures outlined in section 14.380(b). <br /> <br />(d) If a licensee's license has been suspended twice in a three year period, and the licensee then <br />commits another violation under section 14.371 or 14.372, the building official will notify the <br />construction board of adjustments and appeals. The board will then hold a hearing under section <br />14.380. <br /> <br />(e) Enforcement actions taken under this section are not exclusive, and do not affect any other <br />remedies for violations of section 14.371 or 14.372. <br /> <br />Sec. 14.380. Hearing procedures for revocation of license; notice of revocation. <br /> <br />(a) When the construction board of adjustments and appeals is notified that a licensee's license has <br />been suspended twice in a three year period under section 14.380(a), and that the licensee has <br />committed another violation under section 14.371 or 14.372, the board will set a license revocation <br />hearing within 30 days and will send a copy of the information to the licensee by certified mail or by <br />hand delivery not less than ten days before the date of the hearing. <br /> <br />(b) The licensee may appear in person at the hearing and may be represented by an attorney or any <br />other person. All hearings will be open to the public. The city and the licensee are entitled to present <br />evidence and arguments at the hearing. The board may, through its chair or secretary, administer oaths <br />and compel the attendance of witnesses by subpoena issued by the chair. If the licensee does not <br />appear, the board may proceed to hear and determine whether to revoke the licensee's license. <br /> <br />(c) If the licensee admits the truth of the charges, or if the board, by vote of three or more members, <br />finds them to be true, the board will revoke the license of the licensee. The decision of the board in <br />each revocation hearing will be entered into the minutes of the board. <br /> <br />(d) Notice of the revocation will be given by the board either in person at the hearing, by first class <br />mail to the licensee's last address on the building official's records, or by hand delivery to the licensee. <br />Notice by mail is deemed to be received three days after posting. <br /> <br />(e) A licensee whose license is revoked under this section may not apply for another license until one <br />year after the effective date of revocation. <br /> <br />C:\TEMP\bldg codc 2-13-02 inc.doc <br /> <br />31 <br />