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.)