Title 12174 · Code of Ordinances
Sec. 386.204. - Revocation of designation.
Citation: Jacksonville, FL Code of Ordinances § 386.204.
Section: 386.204.
(a) Grounds. In addition to any other penalty, the Council may with or without the recommendation of the Director, revoke a designation for: (1) Violation of terms or conditions of the service agreement. (2) Failure to perform in accordance with the terms and conditions of the service agreement. (3) Violation of any rule or regulation promulgated by the Director pursuant to this Chapter. (4) Violation of any requirement of this Chapter. (5) Failure to comply with Rules or Regulations of the State of Florida Department of Environmental Protection or the State of Florida Department of Health. (6) Failure to comply with federal, State or local permit requirements for the particular facility. (7) Revocation or suspension of the facility's certificate. (8) Changes in the City's integrated solid waste disposal system, including but not limited to changes in demand, demography, available technology or economics. (b) Procedures: (1) For those facilities not owned by the City, the Director shall provide the owners and operators of a designated facility with written notice of the proposed cause for revocation and of the date, time and place of a revocation hearing to be conducted by the Director. At the revocation hearing the designated facility shall have the opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence and to be represented by counsel. Written notice may be delivered at the place of business by certified mail or by posting and shall be given at least 15 days prior to the hearing date. (2) After the hearing, the Director may enter a recommended order proposing revoking the designation or denying revocation. A copy of the recommended order shall be delivered to the designated facility at the place of business by certified mail or by posting within 15 days. The recommended order, findings and record of the proceeding shall be forwarded to the City Council of Jacksonville for final action. (3) The Director may revoke or amend a designation of a City owned facility at any time based on the needs of the City and without a hearing or Council action. Where City owned facilities are operated by private enterprise, the rights and remedies pertaining to revocation or amendment to designation of the operators and the City shall be set forth in the service agreement negotiated between the parties. (4) In the event the designation or certificate of public convenience and necessity under Chapter 380 is revoked or terminated the service agreement shall automatically terminate. (Ord. 90-297-170, § 1)