§ 418-2.022. Revocation.

(a)

Grounds. A permit issued under Section 418-2.014 may be revoked by the health officer in accordance with the procedure set forth in this section if the health officer determines that:

(1)

The permittee has failed to comply with a term or condition of operation under the permit;

(2)

The permittee's conduct under the permit constitutes a nuisance; or

(3)

During the permit period, the permittee collected and transported solid waste in territory where another person has an exclusive right or privilege under a valid franchise agreement to collect and transport that solid waste. In evaluating the evidentiary basis for a revocation under this subsection, the health officer and, in the event of a hearing, the fact-finder, will do both of the following:

(A)

Determine the nature and extent of exclusive rights and privileges under a franchise agreement based on the terms of the agreement, the franchisor's written interpretation of the agreement, if submitted, and any other relevant evidence;

(B)

Give great weight to evidence of a final written administrative or judicial determination in which the permittee was found to have performed the act upon which the revocation is based; and

(C)

Give great weight to a franchisor's written interpretation, as expressed by the franchisor's legislative body, regarding its franchise agreement.

(b)

Notice. The health officer will provide written notice of intent to revoke a permit to the permittee at the address provided on the permittee's application. The notice will state all applicable grounds for the revocation and the permittee's right to a hearing under this section.

(c)

Hearing. Within fifteen days after the date of the notice of intent to revoke, the permittee may request a hearing before the director of environmental health by completing and submitting a written hearing request form and paying a fee established by the board by resolution. The hearing will be held no sooner than twenty days and no later than forty-five days following the date of the written request for hearing.

(d)

Effective Date. If no hearing is timely requested, the revocation is effective fifteen days after the date of the notice of intent to revoke. If a hearing is held, a revocation order issued by the health officer will be effective when the time to appeal under Chapter 14-4 expires, unless an appeal to the board is timely filed under Chapter 14-4.

(Ord. No. 2017-16, § III, 12-5-17)