§ 22-39. Denial of a certificate of use by the city: suspension, revocation of certificate of use by the special magistrate.

(a)

A certificate of use may be denied by the city upon application, or suspended or revoked by the special magistrate as provided in section 26-34 when it is determined that:

(1)

An owner/applicant has misrepresented or failed to disclose material facts or information which is required to be included in the certificate of use application and any other application required by the city, county or state;

(2)

An owner/applicant, as part of the business activity, has violated the city's Code which regulates the use and/or operation of the premises, or it is determined that the continuation of the business activity tends to annoy the community or injure the health of the citizens in general, or becomes manifestly injurious to the public morals;

(3)

The issuance of the certificate of use was contingent upon an owner/applicant's compliance with specific provisions of city, county, or state laws, and the owner/applicant has not satisfied such conditions within a time specified, or has violated such conditions or specific provisions law;

(4)

An owner/applicant has violated any provision of this article and has failed or refused to cease or correct the violation at the subject location after having been notified to cease or correct the violation by the city or the special magistrate;

(5)

The premises have been condemned by the local health authority for failure to meet sanitation standards;

(6)

The premises which are the subject of a certificate of use have been found to constitute a public nuisance by the city's nuisance abatement board, or pursuant to F.S. ch. 823. The suspension or revocation shall be the certificate of use in effect on the date of such other than the owner/applicant who held the certificate of use at the time the cause for such suspension or revocation arose; or

(7)

An owner/applicant is conducting a business from a premises which does not possess a valid and current business tax receipt.

(8)

An owner/applicant has operated a business in the state, or any of the municipalities or political subdivisions of the state, that (i) has been declared by an administrative board of a county, municipality, or court in the state to constitute a public nuisance pursuant to F.S. §§ 893.138, 60.05 and 823.05 within the past five years; (ii) in the past five years has received notice of a violation from a county or municipality or has been adjudicated by a special magistrate or code enforcement board for violating any code or ordi-nance in force in any county or municipality in the state resulting from any of the following: (1) the operation of the applicant's business in a manner that affects the health, welfare, safety or morals of its residents; (2) the operation of the applicant's business contrary to a code or ordinance regulating or governing the business; or (3) noncompliance with minimum housing standards or the Florida Building Code; (iii) has a significant history of law enforcement response to reported incidents of criminal and/or illegal acts, or repeat victimization occurring on or at the premises where the applicant's business is/was located within the past five years; or (iv) has had a license or certificate of use denied, suspended or revoked by any municipality, political subdivision, or department, division or agency of the state within the past five years.

(b)

(1)

Upon determination by the city that an owner/operator is in violation of the provisions of this article, the city shall notify, in writing, the owner/operator of the grounds for such violation and provide such owner/operator notice of a hearing before the special magistrate pursuant to section 26-33. Procedures for notices and hearings shall be as prescribed in chapter 26, article II, of this Code.

(2)

A hearing before the special magistrate may also be requested by an owner/applicant aggrieved by a decision regarding denial of a certificate of use by the city. The request must be in writing and filed with the city attorney within ten days of receipt of the decision complained of. The request must specify the decision and the principal's grievance.

(3)

If the owner/applicant fails to seek timely appellate review of an order of the special magistrate, or to comply timely with such order, the city shall pursue enforcement procedures including the closure of a business. Business closings required by suspension/revocation/denial orders shall be enforced by the city's police department, and the costs for the enforcement action shall be placed as a lien against an owner/applicant's real and personal property.

(4)

No fees shall be refunded if a certificate of use is suspended or revoked, or if a business is closed pursuant to this section.

(c)

The special magistrate's findings shall constitute the final administrative action of the city for purposes of judicial review under state law.

(d)

No certificate of use shall be suspended, denied, or revoked under this section for a period of more than 12 months. During such 12-month period, no new certificate of use shall be issued to an owner/applicant for the same premises or location during the term of such suspension or revocation. At the end of any such period of suspension or revocation, an owner/applicant may apply for a new certificate of use at the subject premises or location.

(Code 1979, § 18-484; Ord. No. 4006-06, § 2, 12-18-2006; Ord. No. 4037-07, § 1, 3-12-2007; Ord. No. 4505-14, § 1, 2-3-2014)