BC 1982 12 06 - Laserfiche WebLink

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217 upon the expiration, termination or abandonment of any franchise currently in effect or hereafter granted. Such bidding shall be upon such terms and conditions deemed by the commissioners to be in the best interest of the public health and welfare. SECTION XIII - PROCEDURES FOR SUSPENSION AND TERMINATION Any suspension, revocation or termination of solid waste management permits or franchises or any portion thereof shall be accomplished in the following manner: Ao When the Health Director shall be of the opinion that any actions or failures to act by a franchisee immediately endanger the public health and that immediate suspension of a franchise is necessary to protect the public health, the Health Director shall be authorized to suspend a franchise until a hearing as hereinafter provided can be held, not to exceed ten days, by forwarding written notice of the suspension to the franchisee whose franchise is being suspended setting out the reasons for the suspension and the reasons for his opinion that the public health is immediately endangered. Such written notice shall set forth the date and time of a hearing before the County Commission to be held on such suspension, which hearing shall be held within ten days from the date of the notice. In all other cases in which suspension, termination or revocation of a license or franchise is being contemplated the Health Director shall advise the franchisee in writing of the nature of disciplinary action being considered and the basis for such contemplated action. Such written notice shall give the franchisee not less than fifteen days in which to remedy the situation. In the event the situation is not remedied within the time specified in the notice, the Health Director may request a hearing before the County Commission to present the facts and obtain a disposition of the matter. The Health Director shall advise the franchisee in writing of the date, time and place of the hearing before the County Commissioners not less than ten days prior to the date on which the hearing is to be held and shall further advise the franchisee of the specific charges against him, of the identity of the accusing parties, and of his right to present evidence, be represented by counsel and cross-examine witnesses. Such hearings shall be before the full Board of a committee of not less than three Board members. Co The Board shall render a written decision on the matter considered setting out its disposition and the reasons therefore. SECTION XIV - PENALTIES AND REMEDIES Any person who vioates this ordinance or any regulations adopted by the County Commissioners pertaining to solid waste management shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed Fifty Dollars ($50.00) or imprisonment not to exceed thirty (30) days as provided by G.S. 153-A-123. Any person who violates any regulation adopted by the Board of Health hereunder shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed Fifty Dollars ($50.00) or imprisonment not to exceed thirty (30) days as provided by N.C.G. So Section 130-203. The County Commissioners or the Health Director may bring a proceeding in the Superior Court for Cabarrus County for the abatement of any violation of this ordinance and regulations issued pursuant to the authority of this ordinance. SECTION XV - SEVERABILITY If any provision or clause of these regulations with application thereof to any person or circumstances, is held invalid, such a declaration shall not invalidate or affect any other provision or clause of these regulations, or the application of such provision to other persons or circumstances.