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Ordinance amending and supplementing the Pittsburgh City Code, Title Seven Business Licensing, Article I Administration, Chapter 701 General Provisions, to create a Board of License and Inspection Review to hear and adjudicate appeals related to this Title.
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Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. Chapter 701 General Provisions, shall be amended and supplemented as follows:
§ 701.15 - BOARD OF LICENSE AND INSPECTION REVIEW.RIGHT OF APPEAL.
(a) Any person aggrieved by any action of the License Officer may request a hearing before the License Officer within ten days following the effective date of any action complained thereof. The appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts forming the basis of the appeal.
(b) A copy of the appeal shall be filed by the appellant with the License Officer at the time of filing. The License Officer shall notify the aggrieved party of the date and place of hearing within five (5) days of receipt of the appeal, and the hearing shall be held within fifteen (15) days from date of appeal.
a) A Board of License and Inspection Review, consisting of five (5) members appointed by the Mayor and approved by City Council, shall be empaneled to hear and adjudicate appeals related to this Title or as otherwise set forward in this code;
b) The members of the Board of License and Inspection Review shall serve three (3) year terms;
c) All appointees and sitting board members shall be residents of the City of Pittsburgh, and at least two members shall have experience working with community advocacy groups or community development corporations, and at least one (1) member shall have two (2) or more years’ experience working in business licensing and building code inspections;
d) The Board of License and Inspection Review shall adopt and maintain rules of procedure not inconsistent with the provisions of this Code or applicable law and shall make such rules of procedure available to the public.
e) The Board of License and Inspection Review shall, by a majority vote, affirm, modify, reverse, vacate, or revoke the notice, order, or action from which an appeal is taken;
f) Each decision of the Board of License and Inspection Review shall be made in writing and shall be available for public review.
§ 701.16 - RIGHT OF APPEAL.
a) Any person aggrieved by any action of the License Officer related to the issuance, transfer, renewal, refusal, suspension, revocation, or cancellation of any City license issued pursuant to this Title shall have the right to appeal to the Board of License and Inspection Review;
b) Appeals shall be filed in writing in a form and manner prescribed by the License Officer. Each appeal shall be accompanied by a copy of the notice, order, or other official document which is the subject of the appeal, as applicable. Each appeal shall be filed within thirty (30) days of the date of the action being appealed;
c) All appeals considered by the Board of License and Inspection Review shall be heard in a public forum at a publicly advertised time as determined by the Board of License and Inspection Review;
d) The Board of License and Inspection Review shall maintain an official record of all hearings and such hearings shall be conducted in compliance with all applicable laws.
§ 701.17 - ACTION PENDING APPEAL
Whenever an appeal is filed pursuant to this Chapter or Title X, Chapter 1004, Section 1004.02 is pending, compliance with the order, decision, notice of violation, or license suspension or revocation which is the subject of the appeal shall not be required except where there exists a condition of immediate danger or hazard to health, safety, or welfare which requires immediate compliance.
§ 701.16 701.18 - PENALTY.
a) Whoever violates any provision of Title Seven-Business Licensing shall be punished as provided in § 101.09 of Title One Administrative.
b) Administrative penalty fee of sixty-one dollars ($61.00) shall be charged on all late filings for license permits under this Title.