(A) Revocation or modification of WTFP by Community Development Director. The Director may modify or revoke any WTFP and any other related permits required by the code if the operation or maintenance of the facility violates any of the permit’s terms or conditions, this chapter, the code, or any other local, state or federal laws in accordance with the following procedures.
(1) When the Director has reason to believe that grounds exist for the modification or revocation of a WTFP, he or she shall give written notice by first-class mail, postage prepaid thereof to the permittee setting forth a statement of the facts and grounds. The permittee shall have not less than ten days from date of deposit of the Director’s notice in the mail to submit a written response and supporting documentation to the Director prior to the Director’s decision. The Director’s decision shall be issued in writing in accordance with the procedures set out in § 12.52.060(A).
(2) The Director may revoke or modify the WTFP and any related permits if he or she makes any of the following findings:
(a) The WTFP or other permit(s) has expired as provided for in § 12.52.080: Permit Expiration.
(b) The facility has been abandoned as provided in § 12.52.180: Cessation of Use or Abandonment.
(c) The permittee has failed to comply with one or more of the conditions of approval, this chapter or any other provision of this code.
(d) The facility has been substantially changed in character or substantially expanded beyond the approval set forth in the permit.
(3) If the Director determines that modification of the WTFP or other permit(s) is warranted, he or she may impose any revised or new conditions that he or she deems appropriate based on his/her other findings.
(B) Appeal. Decisions of the Director to modify or revoke a WTFP or other related permits shall be subject to the administrative review by the Development Review Committee in accordance with the following provisions:
(1) The effectiveness of any decision of the Community Development Director to suspend or revoke a WTFP shall be stayed during: (a) the appeal period set forth in division (B)(2) of this section; and (b) the pendency of any appeal.
(2) Any person whose WTFP is suspended or revoked by the Director may appeal to the Development Review Committee by filing a written appeal with the City Clerk within 14 days after the decision of the Director; provided, however, that if the 14 days expires on a date that City Hall is not open for business, then the appeal period shall be extended to the next city business day. Such appeal shall indicate the ground(s) upon which the appeal is based.
(3) Failure to file a timely written appeal deprives the Development Review Committee of jurisdiction to hear the appeal.
(C) Development Review Committee review.
(1) Upon the filing of a timely appeal, the Development Review Committee shall hold a hearing on the suspension or revocation of the WFTP. Notice of the time, date and place of the hearing shall be mailed to the permittee, or shall be personally delivered, at least ten days prior to the date of the hearing.
(2) The following procedures shall govern the hearing conducted by the Development Review Committee. All parties involved shall have a right to: (a) offer testimonial, documentary and tangible evidence bearing on the issues; (b) be represented by counsel; and (c) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.
(3) At the conclusion of the hearing, or at any time within 30 days thereafter, the Development Review Committee shall render a decision. The Development Review Committee may affirm, modify or reverse the action of the Director. The decision of the Development Review Committee shall be made in writing, shall be supported by findings, and shall be final.
(4) No later than three city business days after the Development Review Committee’s decision, notice of the decision and a copy thereof shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: “You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure § 1094.6.”
(C) Judicial review. Judicial review of the decision of the Development Review Committee may be sought in accordance with Cal. Code of Civil Procedure §§ 1094.5 et seq. or as otherwise permitted by law.
(D) Permittee’s removal obligation. Upon the expiration date of the WTFP, including any extensions, earlier termination or revocation of the WTFP or abandonment of the facility, or final decision on appeal, whichever occurs latest, the WTFP shall become null and void, and the permittee, owner or operator shall completely remove its facility. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the PROW within 30 days, unless a longer period is approved by the city, at no cost or expense to the city. If the facility is located on a WTF owned by a public utility or private entity, the public utility or private property owner shall also be independently responsible for the expense of timely removal and restoration.
(E) Failure to remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the PROW and any city-property thereon to its original condition within 30 days (or such longer period approved by the city) after expiration, earlier termination, or revocation of the WTFP, or abandonment of the facility, shall be a violation of this code, and be grounds for:
(1) Prosecution;
(2) Calling of any bond or other assurance required by this section or conditions of approval of permit;
(3) Removal of the facility by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner’s expense; and/or
(4) Any other remedies permitted under this code.
(F) Summary removal. In the event the Director determines that the condition or placement of a WTF located in the PROW constitutes a dangerous condition, obstruction of the PROW, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the Director may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.
(G) Removal of facilities by city. In the event the city removes a WTF in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee nor the owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the city due to exigent circumstances.
(H) Non-exclusive remedies. Each and every remedy available for the enforcement of this section shall be non-exclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies set forth in this code, except that multiple monetary fines or penalties shall not be available for any single violation of this section.
(Ord. 2021-09 § 5 (part), 2021)