Title 11 HEALTH AND SAFETY
Chapter 11.84 ADMINISTRATIVE ACTION[44]
11.84.010 Grounds for administrative action.
11.84.020 Notice of noncompliance.
11.84.030 Rights of permittee following notice of noncompliance.
11.84.040 Notice of hearing.
11.84.050 Suspension prior to hearing.
11.84.060 Administrative action.
11.84.070 Decision of appeals board.
11.84.010 Grounds for administrative action.
A permit may be subjected to administrative action for any of the
following causes, arising from the acts or omissions of the permittee, either
before or after a permit is issued:
A. Fraud, wilful misrepresentation, or
any wilful inaccurate or false statement in applying for a new or renewed
permit;
B. Fraud, wilful misrepresentation, or any wilful inaccurate or
false statement in any report required by this division;
C. Failure to
abate, correct or rectify any noncompliance within the time specified in the
notice of noncompliance;
D. Failure to correct conditions constituting an
unreasonable risk of an unauthorized discharge of hazardous materials within a
reasonable time after notice from a governmental entity other than the
county;
E. Failure to abide by any administrative action imposed by the
director;
F. Failure to pay fees as established by Chapter
11.82;
G. Failure to abide by any compliance dates established by this
division or state or federal law. (Ord. 97-0016 § 68, 1997: Ord. 83-0208
§ 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)
11.84.020 Notice of noncompliance.
Unless the director finds that an immediate suspension under Section
11.84.050 is necessary to protect the public health or safety from imminent
danger, the director shall issue a notice of noncompliance:
A. For failure
to comply with the provisions of this division or any conditions or limitations
of the permit; or
B. Before instituting administrative action pursuant to
Section 11.84.010. Such notice shall be sent by first class mail to permittee.
If the noncompliance is not abated, corrected, or rectified within the time
specified in the notice, administrative action may be taken. (Ord. 97-0016
§ 69, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1
(part), 1983.)
11.84.030 Rights of permittee following notice of noncompliance.
Within the time specified in the notice of noncompliance, the permittee
shall:
A. Correct and remedy the conditions so specified, to the
satisfaction of the director; or
B. File with the appeals board a denial
that all of the conditions so specified exist, request a public hearing, and
correct the conditions which the permittee admits do exist; or
C. File with
the appeals board a denial that any of the conditions so specified exist and
request a public hearing. (Ord. 97-0016 § 70, 1997: Ord. 83-0208 § 1
(part), 1983: Ord. 83-0206U § 1 (part), 1983.)
11.84.040 Notice of hearing.
Upon receipt of a request for hearing, a notice of hearing shall be given
to the permittee by the director, in writing, setting forth the time and place
of the hearing, the ground or grounds upon which the administrative action is
based, the pertinent code section or sections with which the permittee is not in
compliance, and a brief statement of the factual matters in support thereof. The
notice shall be given at least 10 days prior to the hearing date. (Ord. 97-0016
§ 71, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1
(part), 1983.)
11.84.050 Suspension prior to hearing.
Whenever the director finds that suspension of a permit prior to a hearing
for administrative action is necessary to protect the public health or safety
from imminent danger, the director may immediately suspend any permit pending
the hearing for administrative action. The director shall immediately notify the
permittee of such suspension by having a written notice of the suspension
personally served on the permittee and/or by posting such notice at the facility
in noncompliance or by other appropriate means. (Ord. 97-0016 § 72, 1997:
Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part),
1983.)
11.84.060 Administrative action.
If the appeals board, after the hearing, finds that cause exists for
administrative action, the appeals board shall impose one or more of the
following:
A. A warning;
B. An order to correct the particular
noncompliance specified in the notice issued pursuant to Section
11.84.020;
C. A revocation of the permit for the facility and approval of a
provisional permit specifying corrective actions required and a timetable to
accomplish compliance;
D. Suspension of the permit for the facility for a
specified period not to exceed six months;
E. Modification or addition of
conditions of the permit;
F. Revocation of the permit. If the grounds for
administrative action are based on Section 11.84.010 C, D or E and if such
grounds are limited to one or more underground storage tanks, the remedial
action taken shall be limited to those underground storage tanks. (Ord. 97-0016
§ 73, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1
(part), 1983.)
11.84.070 Decision of appeals board.
The appeals board shall render a written decision, stating the findings
upon which the decision is based and the action taken, if any. The decision of
the appeals board shall be final. (Ord. 83-0208 § 1 (part), 1983: Ord.
83-0206U § 1 (part), 1983.)
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