§ 12.50.110. Suspension or revocation of permit.

A.

A unified program facility permit with respect to which notice has been given pursuant to Section 12.50.105 of this chapter is subject to suspension or revocation as follows:

1.

The chief shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by the rules of evidence applicable to courts of law. The person, business or business concern to whom the permit was issued, shall have the right to present relevant evidence at the hearing. LACoCUPA and/or PA staff may, but need not, present relevant evidence. Before the conclusion of the hearing, the chief may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within a reasonable period of time thereafter, the chief shall determine, based upon the evidence presented at the hearing, whether the suspected violation identified in the notice has occurred. The determination of the chief shall be final and conclusive. Such determination shall be in writing and contain a brief statement of the findings of fact upon which the determination is based. If the determination is that the suspected violation identified in the notice has occurred, the chief shall suspend or revoke the permit. The chief shall, however, have the discretion not to suspend or revoke the permit if the chief determines that the violation was not wilful, is not ongoing, and is not likely to recur.

Any activities related to the program elements for which a unified program facility permit has been suspended or revoked, shall be discontinued immediately and shall not be restarted until the suspended permit has been reinstated or the revoked permit reissued.

A suspended permit may be reinstated or a revoked permit reissued if the chief determines that conditions which prompted the suspension or revocation no longer exist.

2.

The chief may suspend a permit prior to the hearing when the chief determines that such action is necessary to protect the public health and safety, domestic livestock, or wildlife from clear and imminent danger. The chief shall notify the person, business or business concern to whom the permit was issued of such suspension or the lifting of any suspension and the reasons for such action. Unless lifted prior to the hearing, the suspension may remain in effect until the chief makes a final determination based upon the hearing.

Any activities related to program elements for which the permit has been suspended, shall be discontinued immediately and shall not be restarted until the suspension of the permit has been lifted or a new permit has been issued for such activities.

B.

This section shall not deprive the chief, the LACoCUPA, the county or the state of authority to pursue any other action or remedy otherwise available to them under the law.

(Ord. 97-0037 § 1 (part), 1997.)