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12.20.340.   Permit revocation.
   A.   The City Manager may revoke any permit when it is determined that a permittee:
      1.    Knowingly provided a false statement, representation, record, report, or other document to the City.
      2.   Refused to provide records, reports, plans, or other documents required by the City to determine permit terms, conditions, discharge compliance, or compliance with this Chapter, or knowingly destroyed such documents.
      3.    Falsified, tampered with, or knowingly rendered inaccurate any monitoring device or sample collection method.
      4.    Failed to comply with the terms and conditions of permit suspension or CSA.
      5.    Discharged effluent to the City's sewer system while its permit was suspended.
      6.    Refused reasonable access to the permittee's premises for the purpose of inspection and monitoring.
      7.   Did 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.
      8.   Caused interference, sewer blockages, or SSOs with the City's or District's sewage collection, treatment, or disposal system.
      9.   Violated grease interceptor maintenance requirements, any condition or limit of its discharge permit or any provision of this Chapter or the City's Water Quality Ordinance.
   B.   Notice and Hearing. When the FOG Control Program Manager has reason to believe that grounds exist for the revocation of a permit, he/she shall give written notice by certified mail thereof 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 hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with the 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 by the 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 permanent revocation 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.
      In the event the City Manager determines to not revoke the permit, he/she may order other enforcement actions, including, but not limited to, a temporary suspension of the permit or imposition of additional conditions, under terms and conditions that he/she deems appropriate.
   C.   Effect.
      1.   Upon an order of revocation by the City Manager becoming final, the permittee shall permanently lose all rights to discharge any wastewater containing FOG directly or indirectly to the City's system. All costs for physical termination shall be paid by the permittee.
      2.   Any owner or responsible management employee of the permittee shall be bound by the order of revocation, and is responsible to ensure that all employees of the permittee comply with any such order.
      3.   Any future application for a permit at any location within the City by any person or entity which was previously subject to an order of revocation or suspension will be considered by the FOG Control Program Manager after fully reviewing the records of the revoked or suspended permit, which records may be the basis for denial of a new permit.
      4.   An order of permit revocation or other enforcement action 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 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).