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Any permit issued pursuant to this article is subject to suspension or termination prior to expiration as provided in this section.
(a) Grounds. Any of the following occurrences constitute grounds for termination of a permit:
(1) Suspension, revocation or termination of the license, required by Section 10-2.1003 of the person who is to perform the work.
(2) Failure of a permittee to comply with any provision of Section 3800 of the Labor Code.
(3) Failure of a permittee, or of any person who owns or possesses the well, to comply with any provision of this article, or any condition of a permit issued pursuant to this article.
(b) Notice. To initiate proceedings to terminate a permit, the Director shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the proposed grounds for termination, shall specify a time and a place for a hearing at which such person shall be afforded an opportunity to present evidence showing the proposed grounds for termination do not exist, and shall state that failure to appear and present such evidence may result in termination of the permit.
(c) Hearing. The 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 and/or the owner of the well shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the Director shall determine, based upon the preponderance of the evidence presented at the hearing, whether there are grounds for suspension and shall note the findings of fact upon which the determination is based. If it is determined there are grounds for termination, the Director shall terminate the permit; provided, however, that the Director shall have the discretion not to terminate the permit if the Director determines that the occurrence which gave rise to the grounds for termination was not willful, is not ongoing and is unlikely to recur.
(d) Pre-Hearing Suspension. The Director may suspend a permit prior to the hearing when the Director determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The Director shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the Director makes a final determination based upon the hearing; provided, however, that the Director may rescind the suspension at any earlier time at which the Director determines it is no longer necessary.
(e) This section shall not deprive the Director, the City, the authority to pursue any other action or remedy otherwise available under the law.
(Part 2, Ord. 1613-NS, eff. April 22, 2016)