§ 5-1-56. Suspension of permit—effect of order.  


Latest version.
  • (a)

    If the director finds that the premises and vehicles, for which the permit was issued, do not conform to the provisions of this article, that a permittee has refused the director the right to enter and inspect such premises, except the interior of any residence, or vehicles pursuant to section 5-1-55 for the purpose of enforcing the provisions of this article, or that a permittee or an employee of a permittee has failed or neglected to comply with any of the minimum standards set forth in section 5-1-59, the director may enter an order for the suspension of the permit until such time as he finds that the reason for the suspension no longer exists. A copy of the order shall be sent to the permittee at his place of business by certified mail, which order shall set forth the reasons for the suspension. The suspension shall be effective 10 days after the date it is executed by the director, and the order shall state this effective date; provided, however, that if the director finds that an immediate suspension is necessary to protect the health or safety of city residents, the suspension shall be effective immediately and the order shall so state. Except in cases of an immediate suspension, the order shall inform the permittee that he may dispute the suspension by submitting to the director, in writing or in person, reasons why the permit should not be suspended. The order shall also inform the permittee of the date and time by which such written submission must be submitted and of the date, time and place at which the permittee may make a submission in person. If the permittee does not make a timely written or personal submission to the director, the suspension shall become effective and the order shall become final on the date set forth in the order. If the permittee does make a submission, the suspension shall be stayed pending the director's consideration of the submission and the issuance of a final order affirming, amending or rescinding the earlier order. This final order shall be effective on the date it is executed by the director and shall be sent to the permittee at his place of business by certified mail. The failure of a permittee to make a written or personal submission to the director shall not affect the director's authority to reinstate a suspended permit, pursuant to section 5-1-57, or the permittee's right to appeal a final order of suspension, pursuant to section 5-1-59.

    (b)

    It shall be unlawful for any person to collect, transport or dispose of solid waste, ashes, yard debris or recyclable material in the city when subject to a final order of suspension. (Code 1963, Sec. 32A-20; Ord. No. 3242, 10/19/87, Sec. 1)