(a) A
person commits an offense if the person knowingly engages in mobile
commercial cosmetic cleaning without a valid permit issued by the
director.
(b) A
person commits an offense if the person knowingly operates or causes
to be operated a mobile commercial cosmetic cleaning vehicle which
is not registered with the director.
(1998 Code, sec. 113-50; Ordinance 2011-05-004, sec. 2 (113-50), adopted 6/21/11; 2013 Code, sec. 48-163)
(a) A person required by section
7.07.171 to have a permit shall complete and file a permit application on a form prescribed by the director.
(b) The
director may require any information on an application that the director
believes is necessary to ensure that best management practices are
implemented by the permittee.
(c) The
application shall include a description and the vehicle license registration
number of each vehicle to be registered under the permit. All motor
vehicles and trailers used to transport cosmetic cleaning rigs shall
be registered. However, a motor vehicle which is used to tow a trailer
registered with the director and which is not used to transport a
cosmetic cleaning rig itself shall not be required to be registered.
(d) Any
applicant who utilizes wash water recycling units shall list all sanitary
sewer discharge locations and other disposal sites the applicant intends
to use.
(1998 Code, sec. 113-51; Ordinance 2011-05-004, sec. 2 (113-51), adopted 6/21/11; 2013 Code, sec. 48-164)
(a) The director may issue a permit and registration certificates after the applicant pays all applicable fees, unless the director has cause to deny such permit, as specified in section
7.07.176. The director shall provide for procedures to add registered vehicles to a permit during its term.
(b) A
permit shall be valid for one year from the date of its issuance,
unless suspended or revoked. Registration certificates shall be valid
for the term of the permit.
(c) Neither
a permit nor a registration certificate shall be transferable.
(d) The
annual fee for a permit and each registration certificate issued under
this part shall be as established by the city council.
(e) The
director will issue a registration number to each vehicle registered
under a permit, and listed on the permit. A registration number is
not transferable.
(f) The
director will issue a registration certificate for each vehicle registered
under a permit. The certificate shall be of a size and design determined
by the director.
(1998 Code, sec. 113-52; Ordinance 2011-05-004, sec. 2 (113-52), adopted 6/21/11; 2013 Code, sec. 48-165; Ordinance adopting 2021 Code)
(a) A
permit holder shall have the registration certificate readily available
in each of its vehicles registered upon request of the director or
any city employee.
(b) A
person commits an offense if the person operates or causes to be operated
a mobile commercial cosmetic cleaning vehicle which does not have
readily available certificate upon request by director or any city
employee.
(1998 Code, sec. 113-53; Ordinance 2011-05-004, sec. 2 (113-53), adopted 6/21/11; 2013 Code, sec. 48-166)
As a condition of receiving and maintaining a permit under this
part, a permit holder shall comply with the following:
(1) A
permit holder shall immediately notify the director of any management
changes in the business during the time the permit is in effect.
(2) A
permit holder shall submit samples of wash water and/or wastewater
to the director or to an authorized representative of the director
of the department of water, immediately upon their demand.
(3) A
permit holder who utilizes wash water recycling units shall:
(A) Notify the director in writing of all changes in disposal sites it
wants to use during the permit period;
(B) Discharge wash water into the sanitary sewer only at those sites
listed in its permit application and its notices under subsection
(3)(A) of this section; and
(C) Before the end of each permit period:
(i) Test or cause to be tested a representative sample of its recycled wash water discharge to determine compliance with the discharge limits and prohibitions of sections
7.07.241 through
7.07.243;
(ii)
Report the results of such tests in writing to the director;
and
(iii)
Sign and certify the report.
(4) A
permit holder shall immediately notify the director in writing when
it sells or otherwise disposes of a vehicle registered under its permit.
(5) A
permit holder shall ensure that all of its employees engaged in mobile
commercial cosmetic cleaning are knowledgeable of the discharge prohibitions
to the MS4 under this division, and shall require all its employees
to use best management practices when engaging in mobile commercial
cosmetic cleaning. For exterior cleaning, best management practices
shall include, but not be limited to, the following:
(A) Accumulations of oil and grease which have not dried shall be pre-cleaned
with absorbent clay (kitty litter) or a similar material and properly
disposed of prior to washing.
(B) Storm sewer entrances which will receive the wash water shall be screened to catch leaves and other debris. Wash water discharge shall comply with section
7.07.143(b)(15).
(C) Wash water discharged to the MS4 shall first pass through an oil-absorbent boom or pad to absorb hydrocarbons so that no oil sheen is present on the discharge. Wash water discharge shall comply with section
7.07.143(b)(15).
(D) Wash water which does not comply with section
7.07.143(b)(15) shall be discharged into the sanitary sewer system. Discharge shall be at the job site when possible. Wash water from recycle rigs which does not comply with section
7.07.143(b)(15) shall be disposed of in compliance with subsection (5)(C) of this section. Grit and sludge shall not be disposed of through the sanitary sewer.
(6) A permit holder shall ensure that all of its vehicles registered under the permit shall keep a copy of the certificate readily available as required by section
7.07.174, and shall not allow unregistered vehicles to engage in mobile commercial cosmetic cleaning.
(7) A
permit holder shall not discharge to the MS4 in violation of this
division.
(8) A
permit holder shall not discharge wastewater to the sanitary sewer
system in violation of part IV of this division.
(9) A
permit holder shall not discharge wastewater into the sanitary sewer,
either on a job site or off a job site, without the permission of
the owner of the property upon which the sewer inlet is located. The
permit holder shall provide proof of such permission to the director
upon demand.
(10) A permit holder shall not create or maintain a nuisance in violation of section
7.07.177.
(1998 Code, sec. 113-54; Ordinance 2011-05-004, sec. 2 (113-54), adopted 6/21/11; 2013 Code, sec. 48-167)
(a) Denial of permit.
(1) The director may deny a permit if:
(A) The application is incomplete;
(B) The application contains a false statement of material fact.
(2) An applicant whose request for a permit is denied shall be notified
in writing by the director of the grounds for the denial. The notice
shall be sent by certified mail, return receipt requested, to the
address listed on the application.
(3) An applicant whose permit request is denied may request reconsideration
no later than the tenth day from the date on the notice of denial.
The applicant who requests reconsideration of an application shall
be notified of the director’s decision in writing no later than
the tenth day following the date of the request for reconsideration.
The notice shall be sent by certified mail, return receipt requested,
to the address listed on the application.
(b) Suspension of permit.
(1) The director may suspend a permit if:
(A) After the permit is issued, it is determined the application contained
a false statement of material fact;
(B) The permit holder is in violation of section
7.07.174;
(C) The permit holder is in violation of section
7.07.175; or
(D) The permit holder is in violation of section
7.07.177.
(2) The term of suspension shall be no less than 30 calendar days or
more than 90 calendar days. The term of suspension shall run from
the date of notice from the director. If the suspension is appealed
the suspension shall remain in place until the decision is rendered
by the city manager.
(3) An applicant whose permit is suspended shall be notified in writing
by the director of the grounds for the suspension. The notice shall
be sent by certified mail, return receipt requested, to the address
listed on the application.
(4) An applicant whose permit is suspended may appeal the suspension
no later than the tenth day from the date on the notice of suspension.
The appeal shall be in writing and on a form determined by the director.
The notice of appeal shall state the grounds for the appeal. Failure
to timely request an appeal shall waive any right to appeal under
this division.
(5) The appeal shall be considered solely on the basis of the paperwork
submitted by the permit holder. There will be no hearing or testimony.
(6) The appeal shall be administered by the city manager and the city
manager shall notify the permit holder of his decision in writing
not later than the tenth day following the date of the receipt of
the notice of appeal and supporting documents.
(c) Revocation of permit.
(1) The director may revoke a permit if:
(A) A permit holder continues operation during a term in which the permit
has been suspended; or
(B) A permit holder has been suspended in the preceding six months and
is found to be in violation of this division and could be suspended
again.
(2) The term of revocation shall be no less than one year. The term of
revocation shall run from the date of notice from the director. If
the revocation is appealed the revocation shall remain in place until
the decision is rendered by the city manager.
(3) An applicant whose permit is revoked shall be notified in writing
by the director of the grounds for the revocation. The notice shall
be sent by certified mail, return receipt requested, to the address
listed on the application.
(4) An applicant whose permit is revoked may appeal the revocation no
later than the tenth day from the date on the notice of revocation.
The appeal shall be in writing and on a form determined by the director.
The notice of appeal shall state the grounds for the appeal. Failure
to timely request an appeal shall waive any right to appeal under
this article.
(5) The appeal shall be considered solely on the basis of the paperwork
submitted by the permit holder. There will be no hearing or testimony.
(6) The appeal shall be administered by the city manager and the city
manager shall notify the permit holder of his decision in writing
no later than the tenth day following the date of the receipt of the
notice of appeal and supporting documents.
(1998 Code, sec. 113-55; Ordinance 2011-05-004, sec. 2 (113-55), adopted 6/21/11; 2013 Code, sec. 48-168)
(a) A
vehicle transporting cosmetic cleaning wash water or wastewater which
is leaking or spilling from such vehicle is hereby declared to be
a nuisance.
(b) Any
premises upon which cosmetic cleaning wastewater has accumulated and
which is emitting noxious or offensive odors, or which is creating
an unsanitary condition, or which is injurious to the public health
or the environment, is hereby declared to be a nuisance.
(1998 Code, sec. 113-56; Ordinance 2011-05-004, sec. 2 (113-56), adopted 6/21/11; 2013 Code, sec. 48-169)