§ 45-7.4. Revocation, suspension, refusal of permit., Chapter 45. Sanitation, Code of Ordinances, Brookhaven

A.

The Commissioner, in addition to the grounds set forth in this chapter or any other law or ordinance, after notice and hearing, may suspend and/or revoke a permit issued under the provisions of this chapter where one or more of the following grounds are found to exist:

(1)

The applicant has not been found to be fit, willing and able to properly perform the service proposed and the applicant is unable to provide sufficient and suitable equipment to meet the requirements of the business.

(2)

Issuance of the permit is deemed not to be in the best interests of the Town or its residents after an investigation by the Commissioner of Public Safety or his designee into the applicant's business and moral character, which may include a police record check.

(3)

The permittee has failed and refused, without reasonable cause, to collect and dispose of solid waste, except in a situation where a contract between the permittee and his customer has been lawfully terminated.

(4)

The applicant or permittee has failed to account for or pay, without reasonable cause, any fees or bills due to the Town.

(5)

The permittee has failed to reasonably fulfill his obligations to a customer as a commercial refuse collector.

(6)

The applicant or permittee is insolvent or has made a general assignment for the benefit of creditors or has been adjudged bankrupt or a money judgment has been secured against him upon which an execution has been returned wholly or partly unsatisfied.

(7)

The applicant or permittee has failed to keep and maintain any records required by the Town or has refused to allow the inspection thereof.

(8)

The applicant or permittee has violated any of the provisions of this chapter or has failed to comply with any of the requirements stipulated herein.

(9)

The applicant or permittee has ceased to operate as a commercial solid (or liquid waste) collector, for which a permit was previously issued.

(10)

The applicant or permittee has made a false statement in his permit application.

(11)

The applicant or permittee has been found, after investigation by the Commissioner, to have collected waste from outside the Town and to have disposed of the same in a Town disposal facility without permission therefor from the Commissioner or Town Board.

(12)

The circumstances of the permittee have been altered to the extent that the permittee would not be qualified to obtain a permit if the circumstances as altered existed at the time the permittee had applied for the permit. Failure of the permittee to notify the Commissioner, in writing, of such an alteration in circumstances shall likewise constitute grounds for revocation or refusal to recommend.

(13)

The permittee has been found, after investigation by the Commissioner, to have disposed of liquid waste upon the surface of the ground within the Town or within the waterways of the Town or in a disposal facility not approved for such use by the New York State Department of Environmental Conservation.

(14)

The permittee has been found, after investigation by the Commissioner, to have violated any of the posted rules pertaining to safe operation of the Town-owned and/or maintained public disposal facilities.

B.

Notice of the hearing for the suspension and/or revocation of a permit must be given in writing, expressly setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be executed by the Commissioner and shall be mailed to the permittee at the address supplied to the Commissioner during the application process at least five business days prior to the hearing date.

C.

Hearings shall be held before a designee of the Commissioner and a record of the proceeding must be made. Said hearing shall be conducted in a manner in which the accused permittee is afforded an opportunity to be heard. Thereafter, and within 21 business days of the conclusion of the hearing, the Commissioner shall mail a written decision to the accused holder that includes the determination of the Commissioner's designee.

D.

Upon revocation of any permit under this chapter, no refund of any portion of the permit fee paid pursuant to § 45-7.2 shall be made to the permittee and permittee shall immediately return any vehicular tag issued with the permit and shall immediately cease any and all business activity formerly authorized by the permit.

E.

The Commissioner, in addition to the grounds set forth in this chapter or any other law or ordinance, may refuse to issue a permit where one or more of the grounds listed in § 45-7.4 are found to exist.

F.

The refusal, revocation, and/or suspension of a permit issued under the provision of this chapter shall be subject to review by any court of competent jurisdiction.