§ 86-228. Permit issuance; term; revocation; denial.  


Latest version.
  • (a)

    Issuance. Upon receipt of the completed application, the city clerk shall issue a waste collection permit unless the city clerk determines that a waste collection permit should not be issued or renewed on the basis of subsection (d) of this section.

    (b)

    Term. A waste collection permit shall be issued for the period of January 1 to December 31 of each year. It is the responsibility of the waste collection permit holder to submit an application for renewal at least ten days prior to the December 31 of each year.

    (c)

    Transferability. A waste collection permit issued under this division cannot be transferred to another person.

    (d)

    Revocation; non-renewal. The city clerk may refuse to grant or renew a waste collection permit or may revoke a waste collection permit if he determines that:

    (1)

    There is false statement of a material matter in the application;

    (2)

    The permit holder has failed to file a monthly report showing his gross receipts;

    (3)

    The permit holder has failed to pay the tax levied pursuant to section 86-196; or

    (4)

    The permit holder has violated this article or any of its provisions.

    (e)

    Notice of denial or revocation. If the city clerk determines that a waste collection permit should not be issued or renewed or that a waste collection permit should be revoked, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his determination setting forth the reason therefor and advising the applicant or permit holder of the right to an appeal.

    (f)

    Notice of appeal. The applicant or permit holder may appeal the decision to deny or revoke a waste collection permit by filing with the city clerk a written request for a hearing, setting forth the reasons for the appeal, within ten calendar days after receipt of the notice of the decision to deny or revoke a waste collection permit. If a request for an appeal hearing is not made within the ten-day period, the determination of the city clerk is final.

    (g)

    Appeal. The appeal shall be heard by the city manager, who shall consider evidence offered by any interested person. The formal rules of evidence shall not apply at such hearing. The city manager shall make a decision on the basis of a fair preponderance of the evidence presented and matters officially noticed at the hearing. The city manager shall render a decision within 30 days after the appeal hearing. Such decision shall affirm, reverse, or modify the determination of the city clerk and the city manager's decision is final.

(Code 1967, § 14-32(c)(1); Ord. No. 6008, § 1, 9-26-91; Ord. No. 7694, § 1, 5-9-96; Ord. No. 12,417, § 1, 11-18-13)

Editor's note

Section 1 of Ord. No. 12,417, adopted Nov. 18, 2013, changed the title of § 86-228 from "Fee" to "Permit issuance; term; revocation; denial."