(Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)
(a) Violations for Collecting, Removing or Transporting Solid Waste without a Valid AB 939 Compliance Permit. Any Person who willfully violates any requirement of Subsection (a) of Section 66.32.1 shall be guilty of a misdemeanor. The penalty upon conviction shall not be more than a fine of $1,000 or imprisonment in the county jail, not exceeding six months, or both fine and imprisonment. Violations are deemed to be continuing violations, and each day that a violation continues is deemed to be a new and separate offense.
(b) Administrative Penalties for Unlawful Disposition of Construction and Demolition Waste. Any Person who fails to deliver Construction and Demolition Waste to a Certified Construction and Demolition Waste Processing Facility as required in Subsection (b) of Section 66.32.1 shall pay the following Administrative Penalties: $1,000 for the first violation; $2,000 for the second violation that occurs within six months of a first violation; $5,000 for a third violation that occurs within six months of a second violation; and $5,000 for each violation that occurs after imposition of a $5,000 penalty. The Bureau of Sanitation shall provide written notice of penalties assessed pursuant to the provisions of this Subsection by issuance of a Notice of Penalty Assessment. Delivery of each and every load of Construction and Demolition Waste in violation of the provisions of Subsection (b) of Section 66.32.1 shall constitute a separate violation of the Subsection.
(c) Permit Suspension and Revocation. The City reserves the right to suspend or revoke an AB 939 Compliance Permit upon 30 days notice by issuance of a Notice of Suspension or Notice of Revocation, if the Permittee fails to comply with any of the terms and conditions specified in the Permit or in this Code, including but not limited to waste transportation requirements imposed pursuant to the provisions of Subsection (b) of Section 66.32.1, reporting and documentation requirements imposed pursuant to the provisions of Subsection (c) of Section 66.32.1, and payment of fees imposed pursuant to the provisions of Section 66.32.2. Violations of other Los Angeles Municipal Code sections or other laws may constitute just cause for suspension or revocation of an AB 939 Compliance Permit.
(d) Appeals of Notice of Penalty Assessment, Notice of Suspension and Notice of Revocation.
(1) Right to Appeal. Where a Person is issued a Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation pursuant to the provisions of Subsections (b) or (c) of this Section, and the Person believes that the Notice was issued in error or that the penalty assessed was excessive or in error, the Person may appeal by filing, within thirty (30) days of when the Bureau of Sanitation mailed the Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation, a written request for a hearing before the Board. If the Board does not receive the written request for a hearing within thirty (30) days of when the Bureau of Sanitation mailed the Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation, the penalty assessment, suspension, or revocation, whichever is applicable, shall be deemed final and no further administrative relief can be obtained.
(2) If an Appellant timely files a written request for a hearing pursuant to the provisions of Subdivision (1) of this Subsection, the penalty assessment, suspension or revocation that is the subject of the request shall be stayed pending a hearing before the Board.
(3) After receipt of a written request for a hearing filed pursuant to and in compliance with the provisions of Subdivision (1) of this Subsection, the Board will set the matter on one of its regular agendas as soon thereafter the Board deems practical. At the Board hearing, the Board shall hear the testimony of the Appellant, Bureau of Sanitation staff, and other testimony it deems relevant. Appellant shall have the burden of proof, and shall present substantial evidence on the Appellant's behalf. Upon conclusion of the hearing, the Board shall issue a verbal or written decision. The Board may affirm the Notice of Suspension or Notice of Revocation or rescind it, and may affirm the penalty assessment, decrease it, or cancel it. If the Board affirms a Notice of Suspension or Notice of Revocation, the suspension or revocation shall be effective on the date of the Board's decision, unless the Board decides otherwise, if the Board affirms a penalty assessment, the amount affirmed shall be owed thirty (30) days after issuance of the Board's decision, unless the Board decides otherwise. Once the Board issues a decision, the matter is final and no further administrative relief is provided by the City.
(e) Authority to Take Possession of Permit. The Director of the Bureau of Sanitation, or an authorized representative, may take possession of any AB 939 Compliance Permit, or other document issued pursuant to the provisions of Section 66.32 through 66.32.2, which is expired or is suspended, revoked, or otherwise invalid. Any decal approved by the Board that is not attached to the vehicle for which it was issued may be seized by the Director of the Bureau of Sanitation or an authorized representative.