§ 13-4-403. APPROVING AUTHORITY MAY SUSPEND OR REVOKE A PERMIT.

(a)

In general. The approving authority may suspend or revoke a permit if the permittee fails to comply with:

(1)

The requirements of the Code or state law;

(2)

County regulations;

(3)

Any order issued by the approving authority;

(4)

The requirements of the permit; or

(5)

The requirements of a correction notice or citation, issued under Article 3, Title 6 of the Code.

(b)

Procedure - No immediate hazard to public health.

(1)

The approving authority may suspend a permit when the approving authority has given the permittee written notification of a violation under subsection (a) of this section that otherwise does not present an immediate and substantial hazard to public health and the permittee has failed to correct the violation.

(2)

The suspension of the permit is effective on service of the suspension notice.

(3)

The approving authority shall provide the permittee an opportunity for a hearing if the permittee files a request for a hearing with the approving authority not more than 10 days after receiving the suspension notification.

(c)

Same - Immediate hazard to public health.

(1)

(i)

If the approving authority finds conditions that constitute an immediate and substantial hazard to the public health, the approving authority may issue, without warning, prior notification, or hearing, a written notice to the permittee citing those conditions, specifying the corrective actions to be taken, and specifying the time period within which the actions shall be taken.

(ii)

If necessary, the written notice shall state that the permit is immediately suspended or revoked and all operations are to be immediately discontinued.

(2)

The approving authority shall provide the permittee a prompt hearing if the permittee files a request for a hearing with the approving authority not more than 10 days after receiving the suspension or revocation notification.

(d)

Hearings.

(1)

The approving authority shall conduct the hearings provided for in this section at a time and place designated by the approving authority.

(2)

Based on the record of the hearing, the approving authority shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing.

(3)

The approving authority shall provide a written report of the hearing decision to the permittee.

(e)

Appeal.

(1)

A permittee dissatisfied with a decision of the approving authority issued under subsection (d) of this section may appeal to the Board of Appeals by filing a written notice of appeal with the approving authority within 10 days after the decision.

(2)

The notice of appeal shall contain a full statement of the grounds for appeal and the appeal shall be limited to those grounds.

(1988 Code, § 32-3) (Bill. No. 156, 1989, § 3, 12-11-1989; Bill No. 105-00, § 2, 7-1-2004; Bill No. 82-06, § 3, 8-24-2006)