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.010 Any application for a permit to operate, construct, install, upgrade, repair, remove, modify, temporarily or permanently close a hazardous materials or hazardous waste facility, or an underground storage tank system, may be denied if it does not conform with applicable laws, regulations and this chapter.
.020 If the Fire Marshal makes a preliminary determination that activities proposed in any permit application or activities being conducted pursuant to a permit issued under this chapter will not be, or are not being, carried out in accordance with applicable statutes, regulations or minimum standards, the Fire Marshal shall notify the applicant or permittee in writing of the intent to deny, suspend or revoke such permit.
.030 The written notice shall briefly describe the violation upon which the intended denial, revocation or suspension is based and specify a time and place of a hearing before the Fire Chief at which such applicant or permittee may present evidence showing that no violation would occur or has occurred, or that the violation has been corrected.
.040 The written notice shall be mailed to or personally delivered upon the applicant or permittee at the business address stated on the application or permit.
.050 All notices required by this chapter shall be deemed given upon the date of either (i) deposit of such notice in the course of transmission with the United States Postal Service, first class mail, postage prepaid and addressed to the applicant or permittee, or (ii) personal service of such notice upon the applicant or permittee.
.060 The hearing shall be scheduled a minimum of fourteen (14) calendar days and a maximum of thirty (30) calendar days from the date service is deemed complete. Upon written request of the applicant or permittee, the hearing may be continued at the discretion of the Fire Chief.
.070 The Fire Chief shall conduct the hearing specified in the notice. The hearing shall be informal, and shall not be governed by the rules of evidence applicable to courts of law. The applicant or permittee to whom the notice was issued, shall have the opportunity to present relevant evidence at the hearing.
.080 At the conclusion of the hearing, but in no event later than fourteen (14) calendar days following the hearing, the Fire Chief shall determine, based upon the evidence presented at the hearing, whether the application and the activities proposed by such application conform to the requirements of this chapter, or whether the suspected violation identified in the notice has occurred or has been corrected. The Fire Chief may (a) suspend or revoke the permit, (b) place conditions on the issuance of the permit and/or (c) take such other action as is deemed necessary in his discretion to protect the health and safety of the residents of the City of Anaheim. The determination of the Fire Chief shall be final and conclusive. Such determination shall be in writing and contain a brief statement of the findings of fact upon which the determination was based.
.090 The Fire Marshal may suspend a permit prior to the hearing when the Fire Marshal determines that such action is necessary to protect the public health and safety from clear and imminent danger. The Fire Marshal shall notify the person, business or business concern to whom the permit was issued of such suspension or the lifting of any suspension and the reasons for such action. Unless lifted prior to the hearing, the suspension may remain in effect until the Fire Chief makes a final determination based upon the hearing.
.100 Any activities related to the program elements for which a Unified Program facility permit has been suspended or revoked shall be discontinued immediately and shall not be restarted until the suspended permit has been reinstated or the revoked permit reissued.
.110 A suspended permit may be reinstated or a revoked permit reissued if the Fire Marshal determines that conditions which prompted the suspension or revocation no longer exist.
.120 The suspension or revocation of a permit issued pursuant to this chapter shall not preclude the pursuit of any other action or remedy otherwise available under the law. (Ord. 5785 § 1 (part); October 2, 2001: Ord. 6150 § 1 (part); July 21, 2009.)