§ 8-212. Notices for revocation or denial of authorizations, etc.

(a)

Prior to revocation of an authorization to operate a private storage lot and at any time the city refuses to renew such an authorization after a proper application therefor has been filed, the city shall give written notice to the applicant or holder setting forth:

(1)

The grounds upon which the city will seek revocation of the authorization, or the grounds upon which the city has refused to renew the authorization.

(2)

The specific violations of this division and/or any federal or state law or laws upon which the city will rely in seeking revocation of the authorization to operate the storage lot or has refused to renew the authorization, or the specific convictions upon which the city will rely.

(3)

That the applicant or holder shall have the burden to present evidence concerning each of the matters set out in section 53.023 of the Texas Occupations Code, if the city is relying on one or more convictions in denying the request for renewal or seeking revocation of the authorization.

(4)

That a hearing will be held on the denial of the request for renewal or on the city's request to revoke the authorization.

(5)

The date, time and place of such hearing.

(6)

That the applicant or holder may appear in person and/or be represented by counsel, may present testimony, and may cross-examine all witnesses.

(b)

The city may seek to have an authorization suspended for a period of not more than one year rather than refusing to renew the authorization or seeking to have the authorization revoked if:

(1)

The person designated by the chief of police to make such decisions is of the opinion that the public interest will be adequately protected by a suspension rather than a revocation, and

(2)

The city is not setting forth in the notice of hearing any grounds set out in 8-160(1).

(Ord. No. 01-1079, § 5, 12-5-01)