§ 8.12.950. Suspension or revocation of permit.

The health officer may suspend or revoke a permit authorized by Section 8.12.501 of this chapter whenever a permittee fails or refuses to comply with the provisions of this chapter, the applicable rules or regulations of the state or federal government, as set forth below.

(1)

If the health officer determines that a permittee has failed or refused to comply with the aforementioned laws or regulations, the health officer shall serve a notice to comply to the permittee, identifying the perceived violation.

(2)

Upon the failure, neglect, or refusal of any permittee so notified, within fourteen days after receipt of the written notice to comply, the health officer may suspend or revoke the permit.

(3)

In the event of such suspension or revocation the permittee shall be given an opportunity for an office hearing before the health officer within forty-eight hours of the time of suspension. Upon the conclusion of the office hearing, the health officer may:

a.

Reinstate the permit; or

b.

Suspend the permit for a period of time determined by the health officer; or

c.

Revoke the permit; or

d.

Establish conditions, including a time schedule, which will bring the operations into compliance.

(4)

All office hearings referred to herein shall be conducted in accordance with procedures adopted by the health officer. The permittee may call and examine witnesses, introduce exhibits, question health officials and opposing witnesses on any matter relevant to the issue, and may rebut evidence against him or her. The hearing need not be conducted according to technical rules relating to procedure, evidence or witnesses. All relevant evidence may be admitted. The health officer shall insure that an informal record of the proceedings is maintained.

(5)

The local enforcement agency may suspend or revoke a solid waste facility permit granted under Section 8.12.610 of this chapter, according to the procedures set forth in the Public Resources Code, commencing with Section 44300.

(6)

Notwithstanding subsection (1) above, if a permittee issued a permit pursuant to Section 8.12.501, at any time during the term of his or her permit becomes insolvent, or if proceedings in bankruptcy are instituted by or against a permittee, or if a permittee is adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of a permittee is appointed in any suit brought by or against the permittee, or if a permittee makes an assignment for the benefit of creditors, in such case the permit and the rights and privileges granted thereunder shall cease immediately, and shall be terminated and forfeited and canceled without notice and without suit or other proceedings.

(Ord. 2604 § 1 (part), 1993)