(A) If city's AB 939 Coordinator determines that the performance of an entity holding a franchise, permit, license or other form of city-issued authorization (collectively "licensee") may not be in conformity with reasonable industry standards which obtain in Southern California or the California Integrated Waste Management Act including, but not limited to, requirements for implementing diversion, source reduction and recycling, or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and hazardous waste, or this chapter, the AB 939 Coordinator shall advise the holder of the license in writing of such suspected deficiencies. The AB 939 Coordinator, in any written Notification of Deficiencies, shall set a reasonable time within which the licensee is to correct the deficiencies and respond. Unless otherwise specified, a reasonable time for response and correction of deficiencies shall be 30 days from the receipt of such written notice by the holder of the license.
(B) At the expiration of the time set for response from the licensee, the city's AB 939 Coordinator shall review the record, including any written response from the licensee to the Notice of Deficiencies and resolve the matter in favor of the licensee, order remedial action to cure any breach, terminate the license, and inform the licensee in writing, of the resolution. A decision or order of the city's AB 939 Coordinator shall be final and binding unless the licensee files a "Notice of Appeal" with the City Clerk (with copy to the City Manager and City Attorney) within 30 days of receipt of the decision or order of the city's AB 939 Coordinator. A Notice of Appeal shall state the legal basis and all legal and factual contentions of the licensee and shall include all evidence, including affidavits, documents, photographs and videotapes. A Notice of Appeal shall not be accepted by the Clerk for filing unless accompanied by a Notice of Appeal filing fee in an amount to be set by the City Council, by resolution.
(C) Within 30 business days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter in favor of the licensee, order remedial actions to cure any breach, terminate forthwith the license or other form of authorization, refer the matter to the City Council or refer the matter to a referee and inform the licensee, in writing, of the resolution and the basis for the resolution. The decision or order of the City Manager shall be final and binding unless the licensee files a Notice of Appeal to the City Council with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 30 days of receipt of the decision or order of the City Manager. A Notice of Appeal to the City Council shall state the legal basis and all factual and legal contentions of the appellant and shall include all evidence, including affidavits, documents, photographs and videotapes. A Notice of Appeal to the City Council shall not be accepted by the Clerk for filing unless accompanied by a Notice of Appeal Filing Fee in an amount to be set by the City Council, by resolution.
(D) If a matter is referred by the City Manager to the City Council, or a Notice of Appeal to the City Council is timely filed, the City Council may set the matter for an administrative hearing and act on the matter or refer the matter to a referee. If the City Council elects to hear the matter, the City Clerk shall give 14 days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, including the Notice of Deficiency, the licensee's response, the statement of resolution by the City Manager and the licensee's Notice of Appeal to the City Council and shall give the licensee, or its representatives and any other interested person, a reasonable opportunity to be heard. The proceedings before the Council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable.
(E) Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager or AB 939 Coordinator should be upheld. A tie vote of the City Council shall be regarded as upholding the action of the City Manager or AB 939 Coordinator. If, based upon the record, the City Council determines that the performance of the licensee is in breach of any material provision of any applicable federal, state or local statute or regulation, or other cause for termination of the license, the City Council, in the exercise of its sole discretion, may order remedial actions to cure the breach, or terminate forthwith the license or other form of authorization. The decision of the City Council shall be final and conclusive.
(F) Termination shall become effective upon the date specified in the written notice to the holder of the franchise, permit, license or other authorization by the city. Such notice shall state the grounds for termination.
(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)