Chapter 7.10
REGULATORY PERMITS AND LICENSES Revised 5/19

Sections:

7.10.010    Regulatory Permit Procedure – Applicability. Revised 5/19

7.10.015    Permit and License Duration. Revised 5/19

7.10.020    Permit and License Renewal. Revised 5/19

7.10.025    Application Requirements. Revised 5/19

7.10.030    Information from Applicant. Revised 5/19

7.10.035    Criteria for Grant or Denial. Revised 5/19

7.10.040    Issuance or Denial by the City. Revised 5/19

7.10.045    Suspension of Permit or License. Revised 5/19

7.10.050    Revocation of Permit or License. Revised 5/19

7.10.055    Appeal.

7.10.060    Posting of Permit and License. Revised 5/19

7.10.065    Transfer or Assignment of Permit and License. Revised 5/19

7.10.070    Prorating of Permit and License Fee. Revised 5/19

7.10.075    Penalty.

7.10.010 Regulatory Permit Procedure – Applicability. Revised 5/19

This chapter provides general and procedural regulations for City regulatory permits and licenses. No person shall engage in an activity regulated under BC Chapters 7.15 through 7.35 without first obtaining a permit or license from the City in compliance with this chapter and with the applicable provisions specific to the type of permit. The provisions of this chapter are intended to apply in addition to the provisions of BC Chapters 7.15 through 7.35, but in the event of a conflict between provisions, provisions in BC Chapters 7.15 through 7.35 prevail over the provisions in this chapter. [Ord. NS-2323, 2019; Ord. NS-2178, 2012; Ord. NS-2157, 2011]

7.10.015 Permit and License Duration. Revised 5/19

Permits and licenses shall be issued for one year unless otherwise provided in the permit or license.

[Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.020 Permit and License Renewal. Revised 5/19

A.    Permit and license renewal applications shall be submitted prior to the expiration of the permit or license.

B.    If the City has received complaints about the permitted or licensed activity, the application for renewal of the permit or license may be reviewed under this chapter. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.025 Application Requirements. Revised 5/19

Permit and license applications shall be made on City forms. Application shall be made at least 30 days prior to the proposed effective date. The signed application shall constitute the applicant’s consent to conduct an investigation of the applicant’s qualifications. Applicable permit or license fees in the amount established by Council resolution shall be paid at the time of application. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.030 Information from Applicant. Revised 5/19

The City may require an applicant to provide additional information. Failure to provide the additional information or providing false or misleading information is grounds for denial or revocation of the permit or license application. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.035 Criteria for Grant or Denial. Revised 5/19

The permit or license shall be denied if:

A.    The activity does not comply with this code or other applicable law or regulation;

B.    The applicant does not meet City standards;

C.    The permitted activity would endanger property or public health or safety;

D.    The applicant’s past or present violation(s) of law or ordinance presents a reasonable doubt about the applicant’s ability to perform the permitted or licensed activity without danger to property, or public health or safety; or

E.    The application contained a knowingly false statement. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.040 Issuance or Denial by the City. Revised 5/19

The permit or license shall be issued if the applicant demonstrates compliance with all standards of this title. The permit or license shall be denied if the applicant fails to demonstrate compliance with this title. The City shall provide written notice of denial listing the reasons for denial and describing the appeal process. Permits and licenses may contain terms and conditions to protect public health and safety. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.045 Suspension of Permit or License. Revised 5/19

The City may suspend a permit or license for noncompliance with this code or applicable Federal or State laws and regulations. The suspension shall take effect immediately on oral or written notice delivered to the permittee or licensee, agent, or the permittee’s or licensee’s business address. Additional notice may be mailed to the permittee or licensee stating the reason for the suspension and describing the appeal process. The City may continue the suspension so long as the reason for the suspension exists or until a determination on appeal regarding the suspension is made. For purposes of this section, a permittee is in violation of the code if the permittee or licensee no longer meets the requirements for obtaining a permit or license. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.050 Revocation of Permit or License. Revised 5/19

If the City determines that a permittee or licensee is in violation of this code, or State or Federal law, it may revoke the permit or license after 30 days’ written notice. The written notice shall state the reason for the revocation and describe the appeal process. A revocation and suspension process may be combined. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.055 Appeal.

A.    The deadline for filing an appeal is 30 days after receipt of the written notice of denial, suspension or revocation. Mailed notice is deemed received three business days after mailing. The appeal shall be filed with the City Recorder and shall state:

1.    The name and address of the appellant;

2.    The decision being appealed;

3.    The reason the decision is incorrect.

B.    The Council shall hear and determine the appeal on the basis of the written appeal and additional evidence presented prior to the end of the hearing. The appellant shall be provided at least 14 days’ written notice of a hearing on the appeal. The appellant may waive the right to an in-person hearing and request a decision based on the written appeal.

C.    At the hearing, the appellant may present testimony and oral argument, personally or by counsel, and any additional evidence. The rules of evidence as used by courts of law do not apply, and the decision of the Council after the hearing is final. [Ord. NS-2157, 2011]

7.10.060 Posting of Permit and License. Revised 5/19

The permit or license shall be posted in a conspicuous place at the site of the permitted activity or otherwise immediately available for inspection. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.065 Transfer or Assignment of Permit and License. Revised 5/19

Permits and licenses issued under this title are not transferable. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.070 Prorating of Permit and License Fee. Revised 5/19

Fees for permits and licenses authorized by this title are not subject to proration. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.10.075 Penalty.

A violation of any provision of this title is a Class A civil infraction. [Ord. NS-2157, 2011]