(A) (1) Any permit issued under the provisions of this chapter is subject to revocation or non-renewal for cause. In addition to the grounds provided elsewhere in this chapter, the following shall constitute a basis for the revocation or non-renewal of a collector permit:
(a) When the continuance of the operations of the collector under such permit shall be contrary to the public health, safety or well-being, or shall be found to constitute a public nuisance;
(b) If the holder of the permit commits material violation or multiple violations of any federal or state law, regulations of the California Integrated Waste Management Board or its successor, a local law enforcement agency, this code, or any other condition of the permit;
(c) If the holder of the permit practices, or attempts to practice any fraud or deceit upon the city or any customer, or makes or uses any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the permit with its reporting requirements;
(d) If the holder of the permit becomes insolvent, unable or unwilling to pay its debts, or a receiver/trustee is appointed to take over and conduct the business of the permit holder whether in a receivership, reorganization or bankruptcy proceeding;
(e) If the holder of the permit commits a material violation or multiple violations of any order or ruling of any regulatory body with respect to solid waste and recyclables collected within the city, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the holder is entered.
(2) Unless otherwise noted in this chapter, the Solid Waste Program Administrator shall provide 30 days' written notice to the collector of the revocation or non-renewal of the solid waste and recyclables collection permit.
(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 or not renewing the permit;
(b) The applicant's response to the Solid Waste Program Administrator's reasons for the permit revocation or non-renewal;
(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, § 8.10.120) (Ord. 2000-26 § 1, 2000)