Long Beach Municipal Code Ch. 12.52 Permit Revocation Procedure

Any permit issued by the Director pursuant to the provisions of this title may be revoked by the City Council upon finding, after hearing as specified in this Chapter, either:

A. That permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions of this permit;

B. That permittee has failed or neglected or refused to comply with or abide by, or has in any way violated, any of the provisions of this title, or of any other ordinance of the City, or the Charter of the City or any other law, rule or regulation, either directly or indirectly, by reason of or in connection with or incidental to his or her operations under the permit, or upon the premises covered by the permit;

C. If any of permittee's operations, or the continuance thereof, upon the premises covered by his or her permit are, or are likely to become, a menace or hazard to private or public property, or to any interest of the City, or to the lives or safety of persons; or

D. If permittee shall have made any willful misrepresentation of fact in any application for any such permit, or in any report or record required by this title to be filed or furnished by permittee.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.63)

Proceedings before the City Council for the revocation of any permit shall be instituted by the Director by causing to be posted in a conspicuous place on the premises covered by the permit, readable from the ground level, a notice entitled "Notice of Intention to Revoke Permit," and by causing a copy thereof to be mailed by certified mail to permittee or his or her designated agent, and a copy to be filed with the City Council. Failure of permittee or his or her designated agent to receive the copy sent by mail shall not invalidate any revocation proceeding taken under this Chapter. The notice shall set forth the date of the posting thereof, and shall also set forth the reasons and grounds upon which the revocation by the City Council will be based unless cause is shown why such revocation is not proper, and shall require permittee, within two (2) days after the date of posting, as so specified in the notice, to initiate necessary action to cure and remedy any default under, noncompliance with, or violation of any condition of the permit, or other condition for which suspension or revocation of the permit be made, or to show cause before the City Council, as provided in this title, why the permit should not be revoked. The notice shall further state that upon the revocation of the permit as provided in this Chapter, any well, derrick, production equipment, or other structure, appliance, apparatus, machinery, equipment or facility for the use and maintenance of which the permit is required will be subject to being abated as a nuisance as provided by law, and the costs and expenses of the abatement provided will be made a charge and enforced against any and all persons whose duty it is under the provisions of Sections 12.12.010 and 12.12.020 to obtain such permit and to keep the same in force and effect, and also against and as a lien upon the property so abated as a nuisance, and also against and as a lien upon the real property upon which the nuisance exists and from which the nuisance is or will be abated.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.64)

A. If the City Council is of the opinion, based upon a prima facie showing, that the operations of a permittee constitute an immediate menace or hazard to public property, or to any interest of the City, or to the lives or safety of persons, or may become such menace or hazard pending a final decision on any proceeding under this Chapter for revocation of his or her permit, the City Council may immediately suspend the permit, either in connection with a proceeding for the revocation thereof, or otherwise.

B. If the suspension is ordered prior to the time the notice of intention to revoke permit is served upon permittee as provided in this section, the notice shall also include notice of the action of the City Council in suspending the permit and shall give the reasons and grounds therefor. If the suspension is ordered at any other time, notice thereof and of the reasons and grounds therefor shall immediately be mailed to permittee or his or her designated agent and a copy of the notice posted on the premises covered by the permit. From and after the giving of notice of the suspension as provided in this section, and pending a remedying or removal of the causes stated in the notice as the reasons or grounds for the suspension, or pending a final determination upon the proceedings for revocation of the permit (if such proceedings are being had), no person shall carry on any of the operations authorized to be performed under the terms of the permit.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.65)

Upon written application therefor by permittee, the City Council may, in its discretion, extend the time for the curing and remedying of any such default, noncompliance or violation by permittee, but no such extension or extensions of time shall be for a longer period than a total of thirty (30) days from and after the service upon permittee of the notice of intention to revoke or notice suspending the permit.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.66)

Unless a written demand for a hearing before the City Council, either as to the right of the City Council to revoke and/or suspend the permit or as to the curing of any such default is filed by permittee with the City Council within the time provided for the curing of such default, the permit shall, without any further or other action on the part of the City Council, be and become terminated and revoked. Failure to so file a demand for the hearing shall be deemed to be an admission on the part of permittee and all others claiming any rights under or in relation to the permit or the premises covered by the permit, that valid grounds exist for the suspension and revocation of the permit, and that the same may thereupon properly be and become terminated and revoked. If a hearing before the City Council is so demanded the permit shall not be or become terminated or revoked unless and until so ordered by the City Council after the completion of the hearing, as provided in this Chapter.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.67)

Upon the filing with the City Council of the demand for hearing, the City Council shall fix a time and place therefor. Such time shall be fixed for a day not later than thirty (30) days after the time of filing the demand for the hearing. A five (5) day notice in writing, of the time and place of the hearing shall be served upon the permittee or his or her designated agent. The hearing shall be a condition precedent to any action at law or in equity, by or in behalf of permittee, based upon the action of the City Council in suspending and/or revoking the permit.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.68)

At the hearing the permittee shall be given an opportunity to present whatever competent, relevant and material evidence he or she may desire to submit, either through witnesses or by the production of books, records or other documentary evidence, including evidence upon any questions relating to the revocation or suspension of such permit or to the curing of any default for which the permit was ordered revoked or suspended. The City Council shall not be bound by technical rules of evidence, nor shall any informality in any of the proceedings upon the hearing, or in the matter of taking testimony, invalidate or affect any order or decision of the City Council, and the hearing shall be conducted in accordance with the provisions of Chapter 2.93. The City Council shall have the right to adjourn the hearing from time to time.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.69)

The decision of the City Council in regard to the revocation of the permit may be rendered orally or in writing at the conclusion of the hearing or at any time thereafter, and the decision shall be final. In the event the decision is rendered at the hearing no further notice thereof need be given to the permittee, or any other person, except that the City Clerk shall give written notice to the Fire Chief of the decision. If the decision is not rendered at the hearing, written notice of the decision shall be mailed to the permittee, or his or her designated agent, and a copy of the notice posted on the premises covered by the permit, and a copy of the notice shall be transmitted to the Fire Chief.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.70)

No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision or order of the Council in suspending or revoking the permit; provided, however, that nothing contained in this Chapter shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation for which a suspension of the permit was ordered by the City Council, or such operations as may be necessary to prevent damage to the underground resource as provided in Section 3106 of the California Public Resources Code, or for the safety of persons and the protection and preservation of property. In this context, preservation of property shall not mean continuation of extraction of the oil or gas or other hydrocarbons underlying the premises at which the permit applies.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.71)