(A) (1) Collector's failure, refusal or neglect to prepare and file any of the reports required by this chapter, or refusal to provide required information to the city, or the inclusion of any materially false or misleading statement or representation by the collector in such reports shall be deemed a violation of the terms of the permit, and shall constitute cause for the Solid Waste Program Administrator to revoke or not renew the solid waste and recyclables collection permit issued by the city. The collector shall also be subject to fines and all legal remedies, which are otherwise available to the city. In addition to the revocation or non-renewal of a collector permit, a penalty for late permit fees shall be applied in accordance with a schedule set forth by resolution of the City Council. Reports and/or permit fees that are submitted to the Solid Waste Program Administrator after 30 calendar days following the end of the previous reporting quarter will result in an automatic collector permit review by the Solid Waste Program Administrator. The collector permit review shall include, but not be limited to:
(a) The number of times the collector has submitted quarterly reports after the 30-day deadline in the last 12 months and the relative degree of the delinquent submissions (e.g. 10 days late, 20 days late, and the like);
(b) The number of times the collector has submitted quarterly permit fees after the 30-day deadline in the last 12 months and the relative degree of the delinquent submission (e.g. 10 days late, 20 days late, and the like);
(c) The responsiveness of the collector to written requests from the city to submit quarterly reports and/or permit fees that are past due;
(d) Any other file information or documentation that may reflect on the collector's willingness and/or ability to fulfill the permit requirements as prescribed by this chapter.
(2) Upon consideration of these and any other factors deemed pertinent, the Solid Waste Administrator shall continue the collector permit term in force, continue the collector permit term in force with conditions, or revoke the collector permit pursuant to § 8.10.120.
(B) (1) A collector whose permit is revoked or not renewed by the Solid Waste Program Administrator may appeal the decision to the City Manager by filing a written appeal and request for hearing in the City Clerk's Office within 14 calendar days of the date of the written notification of denial; provided, however, that if the 14 days expires on a date City Hall is not open for business, then the appeal period shall be extended to the next business day. Failure to file a timely appeal precludes the collector's option to file an appeal. Upon the filing of a timely appeal, the City Manager shall schedule an administrative hearing on the permit revocation or non-renewal. Notice of the time, date and place of the administrative hearing shall be mailed to the collector at least ten days prior to the date of the hearing. The collector shall have the option of presenting his/her case in writing by the hearing date or presenting his/her case in person. At the hearing the City Manager shall consider:
(a) The Solid Waste Program Administrator's reasons for revoking the permit;
(b) The applicant's response to the Solid Waste Program Administrator's reasons for the permit revocation;
(c) Any other information deemed pertinent to the appeal decision.
(2) The City Manager shall give the collector and/or its representatives and any other interested persons, a reasonable opportunity to be heard. The administrative hearing shall be informal and the rules of evidence generally applied in judicial proceedings shall not be applicable. Within 30 days after the date of the administrative hearing, the City Manager, in consultation with the City Attorney, shall render a decision. The City Manager may affirm, modify, or reverse with or without conditions the action of the Solid Waste Program Administrator. The decision of the City Manager shall be made in writing, shall be supported by findings and shall be final.
(C) Upon revocation or non-renewal of a collector's permit, the collector shall cease to provide solid waste collection services in the city within 30 days of the date of the notice of revocation, non-renewal or appeal decision, whichever is applicable. The collector shall be required to submit the quarterly report and permit fees due to the city through the last day of operations in the city.
(`83 Code, § 8.10.080) (Ord. 2000-26 § 1, 2000)