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A. Any SOB that becomes nonconforming upon the effective date of the ordinance codified in this title shall be given written notice of such nonconforming status by notice and order issued by the City Manager or designee pursuant to LMC 18A.50.290 and this section.

B. Whenever a completed application for a new SOB license or for a permit related to a SOB is denied, conditioned or modified, written notice shall be given to the applicant by notice and order issued by the City Manager or designee pursuant to this section.

C. A notice and order, and any amended or supplemental notice and order, shall be served upon the owner of the SOB either personally, by posting upon the property and personal service upon the manager or person responsible for the business during business hours, or by certified mail, postage prepaid, return receipt requested and addressed to the business owner at the address which appears on the most current license or permit application on file with the City.

D. Notice and orders issued pursuant to this section shall contain the following information:

1. The street address, when available, and a legal description sufficient for identification of the premises upon which the nonconforming business is located.

2. A statement clearly informing the applicant that an administrative determination has been made in regard to the SOB.

3. A description of or specific statement as to the reason(s) justifying the administrative determination.

4. A statement advising the SOB owner that an appeal may be made from the notice and order or from any action of the City Manager or designee to the City’s Hearing Examiner. Appeals shall be governed by the provisions of Chapter 1.36 LMC. Failure to appeal shall constitute a waiver of all rights to an administrative hearing and appeal of the matter.

E. Timely Hearing of Appeals. Within forty-five (45) days of the receipt of a properly perfected appeal, the City Clerk shall set an appeal hearing before the Hearing Examiner and send notice of such hearing in writing to the SOB that requested the appeal. The Hearing Examiner hearing must be held within ninety (90) days after the receipt of an appeal under this chapter, unless the party, entity or person seeking appeal waives this requirement in writing. Upon closing of the record in such an appeal, the Hearing Examiner shall have ten (10) days within which to render a written decision upon the appeal.

F. General Business Licensing Provisions Referenced. The provisions of Chapters 5.16 and 5.20 LMC shall apply to issues of licensing, zoning, development regulation, and notice and orders issued under this chapter to the extent that the provisions of Chapters 5.16 and 5.20 LMC are not in specific conflict with the provisions set forth in this article. [Ord. 726 § 2 (Exh. B), 2019.]