5.30.080 Administrative and other remedies for noncompliance, administrative appeals, and penalties.
(1) The administrator may deny, suspend, or revoke a dispensary permit for failure to comply with this chapter or rules adopted under this chapter, for submitting falsified information to the city for the Oregon Health Authority, or for noncompliance with any other city ordinances.
(a) Any suspension or revocation pursuant to this section shall be in writing, setting forth the reasons therefor, and giving the permittee written notice by first-class United States mail at least five days prior to effective date of the revocation or suspension.
(b) A decision to deny, suspend, or revoke a dispensary permit may be appealed as provided herein:
(i) Any action under this section shall be subject to the right of appeal to the city council when meeting in a regular council session. Notice of appeal shall be filed with the recorder within 20 days or such action shall be deemed final and conclusive. A temporary suspension shall be for 30 days.
(ii) Permanent revocation may be made only by the council and such revocation shall only take place at a council meeting in regular council session upon application of the city administrator and only after the licensee has been served with notice of at least 20 days prior to the council meeting. Such notice shall include the time and date of the council meeting and the grounds upon which the permanent revocation is sought. Notice shall be deemed to have been received by the licensee or permittee if the city administrator mails notice to the address listed by the licensee or permittee on his application for a license or a permit.
(iii) The findings of the council or designated hearings officer shall be final and conclusive, and shall be served upon the appellant in the manner prescribed for service of notice of hearing.
(2) In addition to the remedies of suspension and revocation, failure to comply with the requirements of this chapter may be prosecuted as a Class I violation, punishable as provided in NBCC 9.04.015.
(3) In addition to the remedies of suspension and revocation, submitting false or fraudulent information to the city may be prosecuted as a Class C violation, subject to NBCC 9.04.300.
(4) The remedies provided in this chapter are not exclusive and shall not prevent the city from exercising any other remedy available under the law, nor shall the provisions of this chapter prohibit or restrict the city or other appropriate prosecutor from pursuing criminal charges under state law or city ordinance. (Ord. 2045 (Exh. B), 2021; Ord. 2000 § 1, 2016)