§ 8-385. Suspension and revocation.

(a)

The building official may prefer charges against any person licensed under this division. In addition, the unified government chief counsel may file charges.

(b)

Charges may be filed for:

(1)

Violations of this article.

(2)

Misstatement, misrepresentation, deceit or fraud in obtaining a license.

(3)

Incompetence (failure to adhere to the codes and standards adopted by the unified government shall be prima facie evidence of incompetency).

(4)

Gross negligence.

(5)

Fraud, deceit or unjustified abandonment of contract or misconduct in the performance of a contract.

(6)

Such other breaches of the law and public policy as the building official may reasonably consider relevant.

(c)

Such charges shall be in writing, shall be sworn to by the person making them and shall be filed with the building official. All charges, unless dismissed by the building official as unfounded or trivial, shall be heard by the building official within three months after the date on which they shall have been preferred. The time and place of the hearing shall be fixed by the building official, and a copy of the charges, together with a notice of the time and place of the hearing, shall be personally served on or mailed to the last known address of such charged person at least 30 days before the date fixed for the hearing.

(d)

At any hearing the accused shall have the right to appear personally and by counsel, to cross examine witnesses appearing against the accused and to produce evidence and witnesses in defense.

(e)

If, after such hearing, the building official finds the accused guilty, the building official shall reprimand, otherwise discipline, or shall suspend or revoke the applicable license. The building official, for reasons he deems sufficient, may reissue a license to any person whose license has been suspended. A new license replacing any revoked, lost, destroyed or mutilated license may be issued by the unified government, and a charge established thereby shall be made for such issuance. Notice of the action of the building official in denying or suspending or revoking a license shall be given by sending a copy of the order by certified mail to the last known address of the applicant or licensee.

(f)

If the building official finds that the conduct of any licensee is so inimical to the public health, safety and welfare as to constitute an emergency, such official may enter an order for summary suspension of such license pending the hearing process established in this section.

(Code 1964, § 28-523; Code 1988, § 8-320; Ord. No. 64938, § 12, 12-19-1985; Ord. No. 65407, § 26, 3-23-1989)