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<br />violation of this Chapter or other laws to occur, the City Attorney may file a written <br />complaint with the City Administrator or designee setting forth the circumstances of the <br />violation. <br />2. The City Administrator or designee shall send a copy of the complaint by certified <br />mail, return receipt requested, to the Owner at the address as shown on the Special Use <br />Permit application, together with a notice to appear before the City Administrator or <br />designee for ~e purpose of a hearing to be conducted at a specified date and time and at a <br />place designated in the notice to show cause why the Owner's Special Use Permit should <br />not be suspended, revoked, modified or subjected to new conditions. Such hearing shall <br />beheld on a date not less than fourteen (14) business days following the date ofmailing <br />of the armplaint and notice to the Owner. An attorney or other representative(s) may <br />represent the Owner at the hearing. <br />D. Conduct of Hearing. At the hearing, the City Administrator or his designee shall hear <br />and consider such evidence and testimony presented by the City enforcement officers, the <br />City, the Owner, or any other witnesses preserved by the City or the Owner that is <br />relevant to the violations alleged in the complaint. The City Administrator or designee <br />shall conduct the hearing in cenfomuty with quasi-judicial proceedings and shall permit <br />the relevant testimony of witnesses, cross examination, and presentation of relevant <br />documents and other evidence. The hearing shall be recorded stenographically or by <br />electronic recording device. Any person requesting a transcript of such record shall pay <br />the reasonable cost of preparing the record. <br />E. Written Findings. The City Administrator or his/her designee shall make written <br />findings of fact from the statements and evidence offered and shall reach a conclusion as <br />to whether the alleged violations occwred. Such written findings and conclusion shall be <br />prepared and issued not more than fourteen (14) business days following the conclusion <br />of the.hearing. Zf theCity Adminishator.or designee.determines that a violation.did.occur <br />which warrants suspension, revocation, modification or conditioning of the Special Use <br />Permit pursuant to this section, he/she shall issue an order suspending, revoking, <br />modifying or placing conditions on the Special Use Permit. A copy of the findings, <br />conclusion, and order shall be mailed to the pernuttce by certified mail, return receipt <br />requested, at the address shown on the Special Use Permit application. <br />F. Appeals. For purposes of any appeal to the District Court, the City Administrator's or <br />his/her designee's decision shall be final upon the earlier of the date of the Owner's or <br />Operator's receipt of the findings, conclusion, and order or four (4) business days <br />following the date of mailing of the City Administrator's or designee's decision. The <br />order of the City Administrator or his designee shall be a final decision and maybe <br />appealed to the District Court pursuant to Colorado Rules of Civil Pmcedtae 106(a)(4). <br />G. No Refund and Costa of Enforcement. In the event of suspension, revocation, <br />modification, conditioning, or cessation of business, no portion of the Special Use Pemrit <br />fee shall be refunded. Any person whose Special Use Permit is suspended, revoked, <br />modified or conditioned under this section shall be required to pay the costs including, <br />but not limited to, attorneys' fees, expert witness and/or consultant fees, incurred by the <br />City to enforce this permit. <br />m) Private Well Impacts: Owner has agreed to help mitigatemining-related impacts to <br />private water wells owned by private property owners that are adjacent to the gravel pit. <br />