(A) The city may suspend, revoke or deny a waste hauler’s 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 as allowed by this code;
(3) Violation of the rules governing waste haulers;
(4) An inspection shows deficiencies in equipment; and
(5) The waste hauler’s license has been suspended by the city due to non-compliance with the provisions of this subchapter.
(B) No 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 days prior to the date set for the hearing before the City Administrator. 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. However, if a violation of this subchapter is of such nature that the violation is deemed to be an immediate hazard by the Director of the wastewater treatment plant, the Director shall be authorized to temporarily suspend the license until notice can be given and hearing held.
(C) If, after such hearing, the City Administrator makes a finding based on substantial evidence that a violation of this subchapter did in fact occur as alleged, and City Administrator 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 Administrator and shall be dependent upon the circumstances surrounding the violation and its severity.
(D) The decision of continued suspension, suspension or revocation made by the City Administrator 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 days after receipt of the decision. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the decision of continued suspension or revocation of the City Administrator.
(E) 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 5:00 p.m. on the Wednesday before the next regular Council meeting. If notice is not received by such 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 Administrator 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 Administrator. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three days after the hearing or any continued session thereof.
(F) If the City Council affirms the action of the City Administrator continuing the suspension or revocation, the City Council shall so state and order in its written decision.
(G) A licensee whose license has been revoked shall not be eligible for another waste hauler’s license for a period of two years.
(2013 Code, § 28-63) (Ord. 14461, passed 5-23-1994)