Sec. 13-51. - Written notice; manner of giving.
Sec. 13-52. - Publication of notices; manner of giving.
Sec. 13-53. - Board decision final.
(a)
Except as otherwise specifically provided in this chapter, the public works director shall be responsible for the enforcement of this chapter and the rules and regulations adopted by the board.
(b)
the health officer shall have authority to enter, at any reasonable hour, upon the premises of any person regulated by Articles III and IV of this chapter to determine compliance with this chapter and the rules and regulations adopted by the board.
(c)
Suspension and revocation. If a licensed collector fails to comply with the terms and conditions of its license, or with any of the provisions of Chapter 13, the public works director may in his discretion initiate proceedings to suspend, modify or revoke the license, depending upon the nature and severity of the noncompliance. In suspending, modifying or revoking a license, the public works director shall follow the procedure set forth in this subsection.
(1)
Notice of noncompliance. If the public works director receives information which leads him to believe that a licensed collector is not complying with the terms and conditions of his license, he shall first notify the licensee in writing by first class mail, certified, return receipt requested, of the nature of the noncompliance, specifying the nature of the problem and the dates upon which the problem occurred, and shall notify the licensee that he has five days to either correct the problem or file a written response with the public works director as to why the licensee should not be required to do so. If the licensee takes steps to correct the problem, the licensee shall provide written notice to the public works director of the nature of the remedial action taken.
(2)
Notice of action. If the licensee does not correct the problem during the five-day period, the public works director shall consider any written response he has received from the licensee and shall take appropriate action. If the public works director determines to proceed with either suspension or revocation, he shall notify the licensee in writing of the proposed action together with a notification that the licensee shall have five days within which to file a notice of appeal to the board of supervisors.
(3)
Appeal hearing. If a licensee files a notice of appeal, the licensee shall be entitled to a hearing before the board of supervisors to determine whether its license should be suspended, modified or revoked. Pending the hearing, the license shall remain in effect, unless it is the determination of the Kings County Health Department that to allow the license to remain in effect would be a direct threat to the health and safety of Kings County residents or the environment.
(Ord. No. 533, § 2, 6-21-94; Ord. No. 555, § 11, 12-3-96)
Sec. 13-51. - Written notice; manner of giving.
The written notices required by this chapter shall be personally delivered to the person entitled thereto, or sent by registered or certified mail, postage prepaid, return receipt requested, to the person entitled thereto, addressed to a licensed collector or applicant at his principal place of business as listed in his permit application. The public works director, or other person charged with giving written notices, shall file a declaration with the clerk of the board certifying to the date and the manner in which such notice was given and shall also file therewith any receipt card or other document which may have been returned in acknowledgment of the receipt of such service of notice. The person charged with giving said notice shall make good faith efforts to perfect service of notice in compliance with the above described procedure, but the failure of any licensed collector, applicant or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.
(Ord. No. 533, § 2, 6-21-94; Ord. No. 555, § 12, 12-3-96)
Sec. 13-52. - Publication of notices; manner of giving.
Any notices required to be published by this chapter shall be published one time, at least seven days prior to the date set for the hearing, in a newspaper of general circulation which is circulated in the area affected by the subject matter of the notice, in substantially the following form:
"NOTICE OF HEARING PERTAINING TO SOLID WASTE COLLECTION NOTICE IS HEREBY GIVEN that on [date] at the hour of [time] in the Chambers of the Kings County Board of Supervisors, County Courthouse, Kings County Government Center, Hanford, California, the Board of Supervisors will hear the matter of the [subject of the hearing, including name of applicant or Licensed Collector]. The above hearing pertains to Solid Waste collection services in [general description of the area affected by hearing]."
Dated: ____________
Kings County Public Works Director
(b)
The person causing the publication of said notice shall file a declaration with the clerk of the board attesting to said publication.
(Ord. No. 533, § 2, 6-21-94; Ord. No. 555, § 13, 12-3-96)
Sec. 13-53. - Board decision final.
The determination of the board after the conclusion of any hearing required by this chapter shall be final. An applicant or licensed collector may not submit another application for a solid waste collection license which has been determined adversely to him for a period of six months after said determination has been made, unless the board finds that the public interest requires reconsideration of the matter within a shorter period of time.
(Ord. No. 533, § 2, 6-21-94; Ord. No. 555, § 14, 12-3-96)
Editor's note—
Ord. No. 555, § 15, adopted Dec. 3, 1996, repealed § 13-54, which pertained to judicial review of decision. See the Code Comparative Table.
(a)
Misdemeanors. Any person violating any of the provisions of sections 13-12 or 13-14 of this chapter shall be guilty of a misdemeanor and shall be punishable as provided in section 1-8 of this Ordinance Code.
(b)
Infractions. Any person violating any of the provisions of sections 13-11 and 13-15 of this chapter shall be guilty of an infraction and shall be punishable as provided in section 1-8.1 of this Ordinance Code.
(c)
Citation. In addition to or in lieu of other enforcement powers set forth in this chapter, the public works director and the health officer shall have the authority to issue citations for violations of this chapter which are made a misdemeanor or an infraction.
(Ord. No. 533, § 2, 6-21-94; Ord. No. 555, § 16, 12-3-96)