§ 9.04.480. Suspension, revocation of hauler permit; appeals.

A.

Suspension of hauler permit.

1.

For any permitted hauler that has been named as a responsible party and been issued three written notices of correction by the city within a consecutive twelve-month span, the director may suspend the hauler permit for such hauler.

2.

A hauler that has had its hauler permit suspended is eligible to re-apply for a hauler permit sixty days from the date of suspension.

3.

A hauler may appeal the suspension of its hauler permit in accordance with this subsection.

B.

Revocation of hauler permit.

1.

A hauler permit may be revoked for any of the following reasons:

a.

The hauler has had two prior suspensions in a consecutive twelve-month span;

b.

The hauler interferes with an investigation of the director in the performance of official duties;

c.

A hauler operates under a suspended hauler's permit;

d.

After having received written notice from the city that a franchise agreement is required within thirty days of the issuance of the hauler's permit or the effective date of this ordinance and after said period of time, hauler has not entered into a franchise agreement with the city;

e.

Hauler's franchise agreement required by Chapter 9.04 of the City Code is revoked by the city.

2.

For any permitted hauler that has had its hauler permit revoked by the director, the hauler shall not be eligible to receive a hauler permit for a period of twelve months from the date of written notice of revocation from the director for that hauler.

C.

Hauler permit appeals.

1.

If the director denies an application for a hauler permit or suspends or revokes a hauler permit or denies the ability of a person to purchase construction or demolition manifests from the department, the director shall prepare a report within ten business days of taking such action, indicating the reasons for the denial, suspension or revocation. The director's decision is final unless, within ten calendar days from the date of receiving the director's notice of the action, the appealing party files with the city clerk a written appeal to the city manager specifying reasons for the appeal. Said appeal shall also include a written rebuttal to the director's report.

2.

The city manager or his designee shall review the director's report and the appellant's rebuttal. The city manager or his designee shall make a ruling on the appeal within a reasonable period of time after the appeal has been filed.

3.

The city manager or his designee shall sustain, reverse or modify the action of the director. The decision of the city manager is final.

(Ord. No. 17380, § 1, 8-24-2010; Ord. No. 17471, § 12, 12-21-2010)