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A. The Director of Aviation may suspend a Fueling Operations Permit or suspend Fueling Operations authorized by a lease upon proof by a preponderance of the evidence that one or more of the following has taken place:
- The Permittee or Lessee has violated any provision of these regulations or the subject permit;
- Permittee or Lessee has failed to properly report or respond to a Fuel spill or failed to properly pay charges assessed as a result of a Fuel spill;
- The Permittee or Lessee has given false or misleading information during the application or renewal process;
- The Permittee or Lessee has given false or misleading information in the reporting of any information specified in these regulations;
- The Permittee or Lessee has failed to pay any fees or charges required by these regulations;
- The Permittee or Lessee has knowingly failed to co-operate, or has impeded or hindered an inspection by the Director of Aviation or his or her authorized representative to inspect any and all elements of the subject Fueling Operations;
- The Permittee or Lessee has failed to maintain or to prove then-current required insurance coverages;
- The Permittee or Lessee has failed to make needed corrections to its Fueling Operations in a timely manner as directed by the Director;
- Permittee or Lessee has knowingly or persistently failed to comply with reasonable directions of the Director of Aviation; or
- Permittee or Lessee has taken any action that causes or is likely to cause a safety risk or hazard.
B. The Director of Aviation may immediately and summarily suspend any permit or Fueling Operations authorized by a lease (or any unpermitted Fueling Operations) for any violation of any term or condition of a permit or these regulations. Notice of suspension may be given orally by the Director of Aviation, if followed promptly by written notice served as provided herein. The County may pursue additional or alternative remedies as may be authorized pursuant to a lease with an FBO or S-FBO.
C. A notice of suspension shall contain a statement setting forth the reasons for the suspension and the period of the suspension and notify the Permittee or lessee of his or her right to appeal.
D. Notices hereunder shall be served upon a Permittee, Lessee or unpermitted Person by the Director of Aviation by certified mail, return receipt requested, or by personal delivery. Such notice shall be effective two (2) Business days following proper mailing or personal delivery. The refusal to accept such notification, if properly made by the Director, will not stay the suspension action.
E. A request for an appeal of a suspension must be made in writing to the County court and served on the Director of Aviation within ten (10) calendar days of the effective date of a written notice of suspension in the same manner provided for service on Permittee, Lessee or unpermitted Person. A timely request for appeal stays the effect of the suspension unless the Director certifies in a written denial of reinstatement served upon the suspended Permittee or lessee that such a stay would, in his opinion, cause imminent peril to life or property.
F. Upon receipt of a timely request for appeal, the County courtDirector of Aviation shall promptly schedule a hearing before the duly appointed County hearing officer in order to allow the Permittee or lessee to show cause why the permit or lease provisions should not be suspended. The hearing officer’s written decision after such a hearing shall be served on the Permittee, Lessee or unpermitted Person as provided herein. (§ 10.20.120 repealed reenacted Ord. 028-05)
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