Building Code Board of Appeals Agenda and Packet 2019 02 21

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expedited process; copies of all non -testimonial evidence on which the City intends to rely at the hearing; and attaching the complaint affidavit. c. If the Building Official is unable to determine that there are sufficient facts and grounds to require a licensee to appear before the Board, the complaint may not be verified. d. After investigation to determine if there are sufficient or insufficient facts and grounds in a complaint to require a licensee to appear before the Board, the Building Official shall provide the complainant with written notification. B. The Building Official shall file the signed, written statement to initiate a hearing before the Board with the Secretary of the Board. C. Upon the receipt of a written statement, signed by the Building Official, a hearing shall be scheduled within thirty (30) days after the filing, but the Board shall consider health, welfare, or safety concerns detailed in the written statement and schedule a hearing as soon as practical, provided proper notice is provided to the licensee. D. At least five (5) days prior to a hearing, notice of the hearing shall be served to the licensee by providing a copy of the Building Official's written statement that was filed with the Board and the date and time of scheduled hearing. Notice shall be personally served or mailed to the last known address of the person as set forth in the records of the City. E, At least five (5) days prior to a hearing, the Secretary shall provide each Board member a copy of the a copy of the Building Official's written statement and any documents that were filed with the Board so that the Board members may familiarize themselves with the matter prior to the hearing. Section 5. Criteria for Revocation. Unless otherwise limited by state law, a license may be revoked on any of the followinq_grounds: A. Fraud or misrepresentation: i. Fraud or false statements in the application for the license; and/or ii. Fraud or misrepresentation in the course of conducting the business. B. Failure to keep records or make necessary payments to the City: i. Failure to make timely payment of any fees, charges or penalties imposed pursuant to the Louisville Municipal Code; and/or 21Page Commented [DC1]: DMC Comment as of 2/6/2019: If you want these criteria to give more direction to the Board, you could make some of these criteria "mandatory" revocation grounds. My advice is to leave these criteria as they are here, so that the Board can consider these on a more case -by -case basis based on the criteria - including the types and severity of the violations.