§ 6408-3.4. Suspension and revocation.

A.

Suspension.

1.

Grounds. The Director is authorized to suspend a live-aboard permit in the event that there is reasonable cause to believe that either of the following circumstances exists:

a.

The permittee knowingly made a false, misleading or fraudulent statement of a material fact in an application for the permit or in any report or record required to be filed pursuant to this chapter; or

b.

The permittee violated any provision of this chapter, regulations adopted pursuant thereto, or any ordinance relating to the permitted activity.

2.

Procedure. Upon determining that grounds for suspension of a permit exist, the Director shall give written notice of intent to suspend (including the grounds therefor) to the permit holder or, if the permit holder cannot be located after reasonable efforts are made by the Director to do so, the Director shall give reasonable notice to any person aboard the vessel and by mail to the address of the permit holder on file at the Harbor Master's Office. The suspension shall be effective sixty (60) days following the giving of such notice, during which period the Director shall give the permittee an opportunity to challenge the grounds for suspension and to present evidence on the permittee's behalf. The Director shall consider any such evidence and shall either rescind the notice of intent or impose the suspension on or before the aforesaid sixtieth day.

B.

Revocation.

1.

Grounds. The Director is authorized to revoke a live-aboard permit upon either of the following grounds:

a.

If grounds for suspension exist pursuant Subsection A of this section and the permit has been suspended on two (2) or more prior occasions; or

b.

The revocation is necessary for the immediate preservation of the public peace, health, or safety.

2.

Procedure. Upon determining that grounds for revocation of a permit exist, the Director shall give written notice of intent to revoke (including the grounds therefor) to the permit holder or, if the permit holder cannot be located after reasonable efforts are made by the Director to do so, the Director shall give reasonable notice to any person aboard the vessel and by mail to the address of the permit holder on file at the Harbor Master's Office. The revocation shall be effective sixty (60) days following the giving of such notice, during which period the Director shall give the permittee an opportunity to challenge the grounds for revocation and to present the evidence on permittee's behalf. The Director shall consider any such evidence and shall either rescind the notice of intent or impose the revocation on or before the aforesaid sixtieth day.

3.

Appeal. A decision by the Director to suspend or revoke a live-aboard permit pursuant to this section shall be appealable to the County Executive Officer. Any such appeal must be filed in writing with the Director within fifteen (15) days of the date of the suspension or revocation. The suspension or revocation shall be stayed while the appeal is pending, unless it is determined by the Director that immediate cessation of overnight occupancy of the vessel is necessary for the immediate preservation of the public peace, health, or safety. The appeal shall specify all grounds for the appeal. The County Executive Officer shall provide the permit holder an opportunity to present evidence on the permittee's behalf and to challenge the determination of the Harbor Director. Formal rules of evidence or procedure need not be followed. If the appeal is denied, suspension or revocation shall become effective three (3) days following the County Executive Officer's decision, which is final. There will be no appeal to the Board of Supervisors.

(Ord. No. 4439, 8-9-2011)