1. Grounds for suspension.  The operation permit for a commercial composting facility may be suspended for:

        a. Verified failure of the permittee to operate in compliance with state and federal permits, laws and regulations, which failure continues more than three days after written notice of noncompliance is received by permittee; or

        b. Verified failure to operate in compliance with this ordinance which failure continues more than three days after written notice to permittee of such alleged noncompliance.

        c. If the failures cannot be corrected within three days, the permit shall not be suspended if the permittee has commenced corrective action satisfactory to the city manager within the three-day period and such corrective action is prosecuted continuously and as expeditiously as possible to completion.  Termination of corrective action without cause shall automatically be grounds for suspension.

    2. Grounds for revocation.  The operation permit for a commercial composting facility may be revoked for:

        a. Six notices properly sent pursuant to subsection 3a. herein in any twelve-month period.

        b. Three suspensions in any twelve-month period.

        c. A determination by a court of competent jurisdiction that the commercial composting facility is a nuisance.

        d. Revocation of any state or federal permit required for commercial composting operations.

    3. Suspension procedures .

        a. Upon receipt of information alleging that grounds exist to suspend the permit of any permit holder under this chapter, the director shall verify the existence of the grounds and send a written notice to the permittee demanding that the operation be brought into compliance.  Said notice shall identify specifically the alleged failure of compliance.  If the director is unable to verify the existence of the grounds for suspension, he shall nevertheless notify the operator that he has received information alleging that grounds for suspension exist.

        b. If the verified noncompliance has not been corrected or action taken as provided by subsection 1c. herein within three days after the permittee receives the notice, the director shall notify the city manager, who shall cause a notice to be sent by ordinary mail to permittee.  Said notice shall state that a suspension hearing has been set, shall indicate the grounds for the proposed suspension, the date and time of the hearing and the place where the hearing will be conducted.

        c. The hearing shall be before the city manager or his designee.  Upon hearing, if the city manager determines that grounds do exist, he may suspend the license.  The city manager shall determine a period of suspension, which shall be not less than the period of time necessary to bring the operation of the facility into compliance with this ordinance.  If the period of time necessary to bring the operation into compliance with this ordinance shall be less than 15 days, or if the operation is in compliance on the day of the suspension hearing, the City Manager may nevertheless suspend the license for a period up to fifteen days.  In the event such license is suspended, the operator shall bring no new organic material into the site during the period of suspension and shall take steps satisfactory to the director to correct the noncompliance.

    4. Reinstatement procedures .  The permit may be reinstated by the director after the term of suspension if the permittee has established to the director's satisfactory that adequate steps have been taken to assure future compliance with state, federal, and local regulations.

    5. Revocation procedures.  Upon receipt of information alleging that grounds exist to revoke the permit of any permit holder under this chapter, the city manager shall verify the existence of the grounds and send a written report to the city council.  If the city council determines to proceed with a revocation hearing a notice shall be sent to the permittee by ordinary mail.  Said notice shall identify specifically the alleged grounds for revocation and shall state that a revocation hearing has been set before the city council and shall indicate the date and time of the hearing and the place where the hearing will be conducted.

    The revocation hearing shall be before the city council.  Upon hearing, if the city council determines that grounds for revocation exist, it may revoke the license.  In the event such license is revoked, the operator shall bring no new organic material onto the site, shall complete the composting of organic waste presently in the composting process and thereafter shall cease all composting operations.

    6. Reinstatement procedures .  The permit may be reinstated by the director six months after revocation only if the permittee has repeated the permit process set forth in Section 4.76.030 above.

    7. Proceeding under this section shall not prohibit the city from also issuing citations under Section 4.76.100.  (Ord. 98/U-6424; 87/T-5290 )