(A) Any permit issued pursuant to section 22-112 is subject to suspension or termination prior to expiration as provided in this section.
(1) Grounds - Any of the following occurrences constitutes a ground for termination of the permit:
(a) Suspension, revocation, or termination of the license required by section 22-117 of the person who is to perform the work;
(b) Failure of such person to comply with any provision of the labor code; or
(c) Failure of such person or of any person who owns or possesses the well to comply with any provision of this article or any permit issued pursuant thereto.
(2) Notice - To initiate proceedings to terminate a permit, the public works director shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the suspected occurrence which constitutes a ground for termination, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence, and shall state that failure to appear and present such evidence may result in termination of the permit.
(3) Hearing - The public works director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The public works director may, but need not, permit other persons to present relevant evidence.
(4) Determination - At the conclusion of the hearing, or within 30 days thereafter, the public works director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there has been such an occurrence. The determination of the public works director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based.
(5) Termination of permit - If the determination is that there has been such an occurrence, the public works director shall terminate the permit; provided, however, that the public works director shall have the discretion not to terminate the permit if the public works director determines that the occurrence was not willful, is not ongoing, and is not likely to recur.
(6) Prehearing suspension - The public works director may suspend a permit prior to the hearing when the public works director determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The public works director shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the public works director makes a final determination based upon the hearing; provided, however, that the public works director may lift the suspension at any earlier time at which the public works director determines that it is no longer necessary.
(B) This section shall not deprive the public works director of the authority to pursue any other action or remedy otherwise available under the law.
(`64 Code, Sec. 33-78) (Ord. No. 2219)