§ 14.5-4. Denial of permit.

(a)

The city manager or designee may deny issuance of any permits applied for under this section if it is determined either that the owner or agent has made material misrepresentations about the condition of his/her property or status of ownership, or that the occupancy of the property is in violation of section 30-57 or that the owner or agent has refused to make or comply with the certifications required in subsection 14.5-1.(e) or that the owner has otherwise violated a provision of this article.

(b)

If the city manager or designee determines there is reasonable cause to believe that there are grounds to deny a permit applied for the city manager or designee shall provide notice of the denial, including the grounds for the denial.

(c)

Within 15 days of the date of the notice, the owner may request in writing to the city manager a hearing on the denial. The city manager or designee shall schedule the hearing to occur within 15 days after receiving the request for hearing and shall notify the owner at least five days in advance of the time and location for the hearing. The hearing may be postponed if mutually agreed upon by the city manager and the owner.

(d)

The hearing shall be conducted informally and adherence to the rules of evidence normally followed by the courts shall not be required. Any person may present testimony, documents or other evidence as deemed relevant by the city manager or designee. Any person may be represented by counsel.

(e)

The city manager or designee shall consider all evidence presented, and if the preponderance of the evidence supports the allegation of violation the permit shall be denied. If the preponderance of the evidence does not support the allegation of violation, the permit shall be issued. The decision of the city manager or designee may be appealed by a writ of certiorari to a court of competent jurisdiction in Alachua County, Florida.

(f)

The city manager or designee may waive the denial requirement as to any permit if it is determined that the owner has attempted in good faith to comply with this article. In determining asserted good faith as required for a waiver, the city manager or designee may consider, but not be limited to, the owner response to current violations and remedy of past violations.

(g)

If a permit is denied under this section, the owner whose permit was denied shall not be issued another permit on the same dwelling unit for a period of 6 months after the date of denial.

(Ord. No. 070107, § 2, 6-25-07)