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A. In addition to the penalties described in BC 7.16.100, the following provisions apply to violations of this chapter:

1. Failure to renew an operating license as set forth in BC 7.16.060 is grounds for immediate revocation of the operating license.

2. Failure to meet the criteria required by BC 7.16.070(B)(1), (2) and (3) is grounds for immediate revocation of the operating license.

3. The discovery of material misstatements or providing of false information in the application or renewal process is grounds for immediate revocation of the operating license.

4. Expiration or revocation of the land use permit through Development Code proceedings is grounds for immediate revocation of the operating license.

5. Such other violations of this chapter of sufficient severity in the reasonable judgment of the City Manager, so as to provide reasonable grounds for immediate revocation of the operating license.

6. Other violations of this chapter, including but not limited to City initiated investigation/sustaining of complaints, shall be processed as follows:

a. For the first violation within a 12-month period, the sanction shall be a warning notice.

b. If the same offense continues to occur or a second similar offense occurs at any time during a 12-month period, the City may either send a second warning notice or suspend the operating license for 90 days, depending on the severity of the offense.

c. If a third similar offense occurs at any time during a 12-month period, the penalty shall be revocation.

B. Notice of Decision/Appeal/Stay. If the operating license is suspended or revoked as provided in this section, the City Manager shall send written notice of suspension and revocation to the owner stating the basis for the decision. The notice shall include information about the right to appeal the decision and the procedure for filing an appeal. The owner may appeal the City Manager’s decision to revoke the operating license under the procedures set forth in BC 7.16.110.

Upon receipt of an appeal, the City Manager shall stay the suspension or revocation decision until the appeal has been finally determined by the City Council. [Ord. NS-2239, 2015]