§ 8.12.503. Permit—Application approval.

Upon receipt of a completed application for a permit to collect or transport solid wastes or curbside recyclables, the health officer shall determine if the applicant meets all the requirements of this chapter and all applicable state and federal laws and regulations.

(1)

Decision. A decision to issue or not to issue the permit shall be made by the health officer within one hundred twenty days from the receipt of a complete application.

(2)

Issuance. The applicant shall have forty-five days to review and comment on the proposed permit prior to its issuance by the health officer. By signing the permit in the space provided for signature, the applicant shall be deemed to have accepted all of the terms and conditions specified in the permit. The health officer may issue a permit with revised conditions upon determination that such revised conditions are necessary to ensure that the operation can be carried out within the standards of this chapter and applicable state and federal laws or regulations.

(3)

Conditional Approval. The health officer may issue a permit for collection or transportation subject to conditions which will bring the operation or service into compliance with the standards of this chapter or applicable state or federal laws or regulations, in which case the conditions shall be specified in writing.

(4)

Franchise Requirement. In cases where the permit area is subject to a franchise, the solid waste permit for collection and transport shall become effective once the applicant has obtained a franchise, unless exempted by the health officer from this requirement.

(5)

Appeal. If the health officer determines that a permit for collection or transport shall not be issued or if the decision to issue or not issue the permit is not made as provided in subsection (1) above, the applicant shall have the right to a hearing before the board of supervisors. A request for a hearing shall be made by the applicant in writing to the clerk of the board of supervisors within fifteen calendar days after receipt of notice of denial or within fifteen calendar days after the period provided in subsection (1) above has passed. Upon receipt of the written request for hearing, the clerk of the board shall set the matter for hearing on a date not more than sixty days following the receipt of the written request, and shall give written notice of the time, date and place of hearing to the applicant and the health officer. At the hearing, the applicant shall have the burden of proof to show facts demonstrating that the applicant meets the requirements of this chapter and applicable state and federal laws and regulations and that the granting of the permit is required by the public safety, health, welfare, convenience or necessity. The board of supervisors shall render its decision within fifteen days after the close of the hearing on appeal. The decision of the board shall be final.

(Ord. 2604 § 1 (part), 1993)