A. The City Manager may suspend any permit when it is determined that a permittee:
1. Has failed to comply with the terms and conditions of a CSA order.
2. Knowingly provided a false statement, representation, record, report, or other document to the City.
3. Refused to provide records, reports, plans, or other documents required by the City to determine permit terms or conditions, discharge compliance, or compliance with this Chapter, or knowingly destroyed such documents.
4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method.
5. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring.
6. Does not make timely payment of all amounts owed to the City for user charges, permit fees, or any other fees imposed pursuant to this Chapter.
7. Causes interference, sewer blockages, or SSOs with the City's or District's collection, treatment, or disposal system.
8. Violates grease interceptor maintenance requirements, any condition or limit of its discharge permit or any provision of this Chapter or of the City's Water Quality Ordinance.
B. When the FOG Control Program Manager has reason to believe that grounds exist for permit suspension, he/she shall give written notice thereof by certified mail to the permittee setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by the City Manager or his/her designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty-five (45) calendar days after the mailing of such notice.
1. At the suspension hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures established by the City Manager and approved by the City Attorney.
2. If the City Manager designates a hearing officer, after the conclusion of the hearing, the hearing officer shall submit a written report to the City Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation.
3. Upon receipt of the written report of a hearing officer or conclusion of the hearing, if the City Manager conducted the hearing, the City Manager shall make his/her determination and should he/she find that grounds exist for suspension of the permit, he/she shall issue his/her decision and order in writing within thirty (30) calendar days after the conclusion of the hearing. The written decision and order of the City Manager shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address.
C. Effect.
1. Upon an order of suspension by the City Manager becoming final, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the City's system for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee.
2. Any owner or responsible management employee of the permittee shall be bound by the order of suspension, and are responsible to ensure that all employees of the permittee comply with any such order.
3. An order of permit suspension issued by the City Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the City Clerk of the City pursuant to Section 12.20.420 no later than 5:00 p.m. on the fifteenth (15th) day following such mailing.
(Ord. 3051 § 1 (part), 2004).