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§ 112.31 ADMINISTRATION PROCEDURES.
   (A)   Suspension or revocation of license.
      (1)   Any license required under this chapter may be suspended or revoked for violation of any provisions of this chapter.
      (2)   Written notice of a suspension or revocation shall be served personally or by registered or certified mail upon the licensee at least 15 calendar days prior to the effective date of the suspension or revocation. The written notice shall contain the effective date of the suspension or revocation; the facts which support the conclusion that a violation or violations have occurred; a statement that if the licensee desires to appeal, a written request for a hearing must be received by the county within 15 calendar days following service; and that the request for hearing must state the grounds for appeal. If a hearing is requested, the suspension or revocation shall be stayed pending outcome of the hearing.
      (3)   Upon receipt of a request for hearing, the county shall set a date, time and place for the hearing. The hearing shall be conducted pursuant to the procedures in § 112.32 of this chapter.
   (B)   Summary suspension of license.
      (1)   If the county finds that the public health, safety or welfare requires immediate action, summary suspension of a license may be ordered.
      (2)   Written notice of a summary suspension shall be by certified return receipt mail to the licensee’s business address. The county shall also take reasonable steps to notify the licensee by telephone prior to the summary suspension.
      (3)   The written notice shall state the effective date of the summary suspension; the violation requiring emergency action, the facts which support the conclusion that a violation has occurred; a statement that if the licensee desires to appeal, a written request for hearing must be received by the county within ten calendar days following service of the notice, and that the request must state the grounds for appeal.
      (4)   Upon receipt of a request for hearing, the county shall set a date, time and place for the hearing. The hearing shall be conducted pursuant to the procedures in § 112.32 of this chapter.
      (5)   The summary suspension shall not be stayed pending an appeal.
(1993 Code, § 112.21) (Ord. 94-09, passed 7-20-1994)
§ 112.32 HEARINGS.
   (A)   Building and Zoning Committee. The hearing shall be before the Building and Zoning Committee of the County Board.
   (B)   Pre-hearing and hearing notice. The county shall schedule and provide notice of the date, time and place of the pre-hearing conference and hearing. The pre-hearing conference shall be held at least three weeks prior to the hearing. The hearing shall be held no later than 45 calendar days after receipt for the hearing or by mutual agreement of the parties.
   (C)   Procedures. During the pre-hearing conference and hearing, the following process shall be followed.
      (1)   The pre-hearing conference shall define the issues, schedule the exchange of witness lists and documentary evidence, seek agreement on the testimonial evidence, determine whether intended evidence is cumulative and repetitive, and consider all other matters that will assist in a fair and expeditious hearing.
      (2)   Each party shall exchange all relevant information and documentary evidence at least one week prior to the hearing date. Such information shall include all evidence intended for introduction at the hearing and includes, but is not limited to, the following: exhibits; statements; reports; witness lists including a description of the facts and opinions to which each is expected to testify; photographs, slides, demonstrative evidence. Evidence not exchanged in accordance with this provision will not be considered in the hearing unless good cause is shown.
      (3)   The hearing shall be public and shall be recorded.
      (4)   All witnesses shall testify under oath or affirmation.
      (5)   The hearing is subject to the general rules of evidence with latitude necessary to gain facts or information. Irrelevant, immaterial or unduly repetitious evidence shall be excluded.
      (6)   The county shall have the burden of proof through preponderance of evidence.
      (7)   The county, licensee or applicant, and additional parties as determined by the Building and Zoning Committee, shall present evidence in that order. Each party shall have the opportunity to cross-examine the witnesses of the other party. The Environmental Committee may examine witnesses.
      (8)   The Building and Zoning Committee shall make a written finding of fact and conclusions based upon the evidence provided at the hearing.
      (9)   The cost of preparing a record shall be borne by the applicant or licensee.
      (10)   Appeal of a decision by the Building and Zoning Committee shall be made to the Circuit Court within 35 calendar days following the receipt of the Environmental Committee decision.
(1993 Code, § 112.22) (Ord. 94-09, passed 7-20-1994; Ord. 2024-01, passed 3-5-2024)
§ 112.33 EFFECTIVE DATE.
   (A)   The provisions of this chapter shall go into effect July 1, 1996.
   (B)   This chapter is not intended to abrogate any existing covenant or any other private agreement, provided that where the provisions of this chapter are more restrictive or impose higher standards or requirements than such covenant or other private agreement, the requirements of this chapter shall govern.
   (C)   Where requirements of ordinances and programs adopted by any municipality or township are as stringent or more stringent than the provisions of this chapter, the more restrictive program and/or ordinance requirements shall govern.
(1993 Code, § 112.23) (Ord. 94-09, passed 7-20-1994)
§ 112.34 SEVERABILITY.
   If any section, subsection, sentence, clause phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(1993 Code, § 112.24) (Ord. 94-09, passed 7-20-1994)
§ 112.35 PROVISIONS CUMULATIVE.
   The provisions in this chapter are cumulative and are additional limitations upon all other laws and ordinances covering any subject matter in this chapter.
(1993 Code, § 112.25) (Ord. 94-09, passed 7-20-1994)
§ 112.36 AMENDMENTS.
   This chapter may be amended from time to time by amendatory ordinances.
(1993 Code, § 112.26) (Ord. 94-09, passed 7-20-1994)
§ 112.99 PENALTY.
   (A)   Any licensed hauler who violates any provision of this chapter shall be subject to a fine of up to $1,000. For further subsequent violation(s), the license may be revoked for the remainder of the license term plus an additional year. For purposes of enforcement, the time period in which these violations accumulate shall be the period of the license. Notwithstanding these provisions, any violation of this chapter may result in suspension or revocation proceedings pursuant to § 112.31.
   (B)   Any person who scavenges municipal waste and recyclable materials that have been set out by residents, or businesses, or the county specifically for an authorized collection under this chapter shall be subject to a fine of up to $1,000. Each day any violation of this chapter continues shall constitute a separate offense.
(1993 Code, § 112.20) (Ord. 94-09, passed 7-20-1994)