A. Reasons For Suspension Or Denial: The city may suspend, revoke or deny a waste hauler license for any of the following reasons:
1. A material misstatement of facts in a license application or submission of an incomplete application;
2. Failure to pay fees or costs allowed by this code;
4. An inspection shows deficiencies in equipment;
5. The waste hauler's license has been suspended by the city due to noncompliance with the provisions of this chapter.
B. Notice Of Hearing: No suspension or revocation shall be issued except upon notice delivered to the licensee by mailing the notice through the regular mail addressed to the licensee at the address listed on the license application, a minimum of ten (10) days prior to the date set for the hearing before the city manager or his or her designee. Such notice shall inform the licensee of the time, date and place of the hearing, the purpose of the hearing, and shall set out the reasons therefor. Provided that in case of violation of this chapter of such nature that the violation is deemed to be an immediate hazard by the administrator of the wastewater treatment plant, the administrator shall be authorized to temporarily suspend the license until notice can be given and hearing held.
C. Discretion Of City Manager: If, after such a hearing, the city manager or his or her designee makes a finding based on substantial evidence that a violation of this chapter did in fact occur as alleged, the city manager or his or her designee may continue suspension of, suspend or revoke the license; the determination of whether to revoke such license shall be in the discretion of the city manager or his or her designee and shall be dependent upon the circumstances surrounding the violation and its severity.
D. Appeal Manager's Decision: The decision of continued suspension, suspension or revocation made by the city manager or his or her designee may be appealed to the city council. In order to appeal such decision, written notice of appeal must be filed with the city clerk within three (3) days after receipt of the decision. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the decision of continued suspension or revocation of the city manager or his or her designee.
E. Scheduling Of Hearing: The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city clerk. The hearing of such appeal shall be scheduled at the next regular council meeting, if such notice is received by five o'clock (5:00) P.M. on the Wednesday before the next regular council meeting. If notice is not received by the above designated time the hearing will be scheduled for the next following council meeting. The hearing may be continued for good cause. The hearing shall be confined to the record made before the city manager or his or her designee and the arguments of the parties or their representatives, but no additional evidence shall be taken. After such hearing, the city council may affirm or reverse the order of the city manager or his or her designee. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three (3) days after the hearing, or any continued session thereof.
F. Continuation Of Suspension Or Revocation: If the City Council affirms the action of the City Manager or his or her designee, continuing the suspension or revocation, the City Council shall so state and order in its written decision.
G. Eligibility After Revocation: A licensee whose license has been revoked shall not be eligible for another waste hauler license for a period of two (2) years. (Ord. 92-2, 5-18-1992)