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HomeMy WebLinkAboutordinance.council.009-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1975) AN ORDINANCE AMENDING SECTION 8½-8 OF THE ASPEN MUNICIPAL CODE ENTITLED "P~VOCATION OF LICENSE" (CONCERNING THE REVOCATION OF THE LICENSE OF A CENTRAL OFFICE EMERGENCY ALARM SYSTEM) hq{ICH AMENDMENT PROVIDES FOR AN APPEAL TO THE ASPEN CITY COUNCIL FROM A P~EVOCATION OF SAID LICENSE; DESCRIBES HOW TO PERFECT SUCH APPEAL; _tND LIMITS .REVIEW OF THE CITY COUNCIL ACTION TO A D~TERMINATION AS TO WHETHER THE CITY COUNCIL HAS EXCEEDED ITS JURISDICTION OR ABUSED ITS DISCRETION. WHEREAS, the Aspen City Council, by its adoption of ordinance Number 11, 1973, did establish a licensing pro- cess required for operation of central emergency alarm offices within the City of Aspen, and further provide for revocation of a license on occurrence of certain events, and WHEREAS, the City Council is advised that procedural due process requirements are such to indicate that an appeal from an administrative decision to revoke is appropriate under contemporary legal standards, ~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 8%-8 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 8%-8 Revocation of License In the event a licensee hereunder fails to remedy any violations of this chapter or of any rules and regulations promulgated hereunder with- in ten (10) days following receipt by the licensee RECORD OF PROCEEDINGS 100 Leaves of written notice from the city Finance Director or the Aspen Police Department describing such violations, the Finance Director shall have the right to revoke the license granted hereunder to such licensee. The Police Department telephone connection installed by a licensee whose license has been so revoked shall be completely removed by such licensee within ten (10) days following delivery of notice of such revocation and at the licensee's expense. Any order revoking the license may be appealed to the Aspen City Council within thirty (30) days from the date of the order. An appeal is perfected by filing notice thereof with the city Clerk, which notice shall contain an appropriate reference to the order appealed from. The City Clerk shall set the matter on the agenda of the next regular meet- ing of the Council, at which hearing the licensee shall be permitted to introduce all relevant evidence and be allowed to examine and cross examine witnesses. The lice~ee may be represented by an attorney and may examine all city records relevant to the alleged violations in advance of the hearing. At the conclusion of the hearing, or within ten (10) days thereof, the city Council shall make find- ings and state reasons for its decision. ~f the City Council fails to order reinstatement of the license or the licensee is otherwise aggrieved -2- RECORD OF PROCEEDINGS 100 Leaves by the action of the City Council, the licensee may appeal the action within thirty (30) days thereof in a court of record of competent juris- diction. Review shall not be extended further than to determine whether the City Council has exceeded its jurisdiction or abused its dis- cretion. During appeal to the city Council or courts, the City Council may direct that the tele- phone connection ~emoved by licensee may be rei°n- ~atedpending final determination of the matter." Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3 A public hearing on this ordinance shall be held on the /~'~'day of ~,~d~J .., 1975, at 5 P.M. in the City Council Chambers, Aspen City Hall, Aspen, colorado. INTRODUCED, _READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular Stacy S~an~ley III, ~ 3 ~/ ATTEST: ~ Kathryn ~Uter city Clerk -3- RECORD OF PROCEEDINGS FTNALL¥ ADOPTED AND APPROVP..D ON ~~.-~ 100 Leaves 1975. ATTEST: /~-~' 7~, Kathryn H~uter City Clerk ~acy s[/a'n~d~e~ey III, Mayor / -4- STATE OF COLORADO ) ~) SS COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on /~_~_=>~ , 197 .~-, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~-~f~-~- ~-~7 , 197 .~-, and was finally adopted and approved at a regular meeting of the City Council on- Ordinance No. ~/~ / provided by law. , 197.~, and ordered published as , Series of 197.5-, of said City, as IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~~ , 197~J. Kathryn S~ Hauter, City Clerk