§ 1-12 — Late renewals of permits

Sec. 1-12. - Late renewals of permits.

(a) In this section the following words shall have the meanings ascribed to them in this subsection unless the context of their usage clearly indicates another meaning: Director means the department director of the city department that is responsible for the processing of the renewal of a permit. Permit means a license, certificate, approval, registration, consent, permit or any other form of authorization required by law, regulation or ordinance for the operation of any business activity that is issued by any department of the city. (b) Notwithstanding any other provision of law, a director shall accept and process a late filed application for the renewal of a permit if the application is filed or tendered for filing within the 30 day period following the last day otherwise authorized by law for filing of the renewal application and if the applicant demonstrates that the failure to timely file was based upon an error or misunderstanding and was not the result of a conscious indifference to the requirements for renewal. (c) The provisions of this section shall not be construed to excuse compliance with any applicable requirement other than the filing date for a permit renewal, and the applicant shall be required to demonstrate compliance with all other requirements for renewal of the permit. A permit renewal issued under this section shall not be retroactive for the conduct of any business activity during the period of any lapse prior to the issuance of the renewal, and this section shall not be construed to excuse the conduct of any business activity without a current and valid permit. (d) The refusal of a director to accept or process the filing of a late filed permit renewal application under this section shall be subject to appeal in the same manner provided by the law governing issuance of the permit. (e) The provisions of this section shall not apply in any instance where the late filing or processing of the permit is prohibited by a state or federal law or regulation that supersedes the operation of this section. (f) To the extent that any law regarding the issuance of a permit conditions the issuance of the permit upon the existence or nonexistence of another permit for a premises conducting the same or another activity within a specified proximity, a lapsed permit shall be considered to still exist during the grace period authorized under this section and until the resolution of any late renewal application that is filed under this section for the limited purpose of determining the existence of other permit holders in the processing of any application for an original permit.

(Ord. No. 95-868, § 1, 8-9-95)