§ 94.45 SUSPENSION AND REVOCATION OF PERMITS; APPEAL.
   (A)   A permit may be revoked because of a violation of any of the provisions of this subchapter or any of the various plans, rules, regulations or contracts governing the use of the system. At the time the Director of Public Works becomes aware of a violation he shall give notice as specified in § 94.44(A). If the violation is not corrected within the specified period, the Director of Public Works shall impose penalties and collect damages as provided for in this subchapter and the collector contract.
   (B)   The Director of Public Works shall temporarily suspend a permit if any portion of any valid bill from the municipality, CRRA, or the company remains unpaid by the permittee 45 days after the billing date. He shall revoke the permit for one year if the permittee has failed to pay the bill in full within 60 days of the billing date. If the bill has not been paid in full by the end of the one year revocation period, the Director of Public Works shall permanently revoke any future permit rights.
   (C)   The Director of Public Works shall suspend the permit of any permittee who is refused the right to use the facility or the residue disposal site for so long as the permittee is refused the use of the facility or the residue disposal site.
   (D)   The Director of Public Works shall revoke for one year the permit of any person who violates the provisions of § 94.40(G), § 94.41(E) or (F), or § 94.44(D).
   (E)   If a permittee should willfully, intentionally, or through gross negligence deliver unacceptable waste to the system or the solid waste disposal area, except such unacceptable waste as may be allowed by the company or CRRA pursuant to Section 9.16 of the municipal contract, his permit shall be permanently revoked.
   (F)   Upon revocation or suspension of a collector's permit, no vehicle or container of the collector may be used for the collection or storage of refuse within this municipality and no vehicle or container of the collector shall be allowed access to the solid waste disposal area or to the system until such permit has been reinstated or a new permit has been issued.
   (G)   Any person aggrieved by a decision to suspend or revoke a permit may, within seven days of the date of such notice, appeal such decision by submitting a written request for a hearing to the Director of Public Works. If such suspension or revocation was for reasons other than those specified in division (B), (C), (D) or (E) above, the suspension or revocation shall not take effect until after the requested appeal hearing is held. If the activity resulting in the suspension represents a hazard to public health or safety, the suspension or revocation shall be effective until the final determination of the appeal. The right of appeal shall not apply to any suspension or revocation imposed under divisions (C), (D), or (E) above.
   (H)   Upon the recommendation of the Mayor, the Legislative Authority may by resolution appoint an Appeals Board to hear such appeals as may be requested under this section.
   (I)   If any permittee notified of a violation shall request an appeal hearing, the Appeals Board shall conduct a hearing within ten days of the request. The Board shall render a ruling within five days after the final day of the hearing, which ruling may sustain, modify, or reverse the decision of the Director of Public Works. If the ruling of the Board is in favor of the permittee, the permit shall be reinstated in accordance with the ruling.
(Ord. 286, passed 2-6-89) Penalty, see 94.99