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(a) The Divisions of Police, Planning and Community Development, Sanitation, and other persons designated by the City Manager, shall have the authority to enforce this Chapter.
(b) If the Director determines that any donation bin is in violation of this chapter, notice will be given and if the issue is not resolved within five (5) business days the donation bin may be removed and stored at the expense of the permit holder. Notice will be deemed given when the responsible party designated in Section 739.03 (a)(2) is contacted by telephone, or when a letter identifying the violation(s) is deposited in the regular U.S. Mail to such person, postage pre-paid.
(c) The permit shall be revoked if there are two (2) or more documented violations within the year during which the permit is in effect.
(d) No person or entity whose permit has been revoked due to violations shall be eligible for another permit for a period of two (2) years after the date of the permit revocation.
(e) Any permit holder may appeal the revocation of a permit by sending a request for hearing to the City Manager within ten (10) business days after notice of the revocation is given. At such hearing the Director shall be required to demonstrate or document the violation or violations, or the permit shall be reinstated. The permit holder shall be given the opportunity to appear, personally or through a representative designated in writing, and provide any evidence or testimony which is relevant to the issue of whether the violation(s) existed and whether or not extraordinary circumstances existed which caused or created the violation(s). If the violation involves unlawful dumping at a donation bin location or locations, the violation may be excused if the permit holder establishes video or other security measures which reasonably prevent such dumping in the future, or assist in the successful prosecution of those persons responsible for the illegal dumping.
(Ord. 2015-113. Passed 10-19-15.)