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17.102.240 Revocation or Suspension of Commercial Collection Permits.

(Amended by Ordinance No. 184288, effective January 7, 2011.)

A.  The Director may suspend or revoke a commercial collection permit under the following conditions:

1.  One or more of the permit conditions is being violated;

2.  The permittee is in violation of any of the provisions of this Chapter or the commercial administrative rules for solid waste and recycling.

3.  The permitee has failed to pay fees and assessments as provided in Chapter 17.102.

4.  The permittee has been found by a court of competent jurisdiction to have practiced fraud or deceit upon the City.

B.  The Director shall consider the following criteria in determining whether to revoke or suspend the commercial collection permit due to violations of the provisions of this Chapter or the commercial administrative rules for solid waste and recycling:

1.  The nature and extent of the permittee’s involvement in the violation;

2.  Whether the permittee was seeking any benefits, economic or otherwise, through the violation;

3.  Whether the violation was isolated and temporary, or repeated and continuous;

4.  The magnitude and seriousness of the violation;

5.  The relative harms of continued collection service from the permittee and the potential for service disruption;

6.  Whether any criminal prosecutions have occurred in regard to the violations; and

7.  Other relevant, applicable evidence bearing on the nature and seriousness of the violation.

C.  Revocation or suspension of a permit may be appealed to the Code Hearings Officer as provided in accordance with procedures set forth in Chapter 22.10 of the City Code.

1.  Any person requesting an appeal to the Code Hearings Office may be assessed a fee of up to $500 at the time of their application. Failure to submit full payment of appeal fee within the time allowed to request an appeal hearing shall result in the denial of the request for an appeal hearing.

2.  If the Code Hearings Officer decides in favor of the appellant at the Code Hearing, the submitted appeal fee shall be refunded in full to the appellant.