§ 32-186. Revocation, suspension or relinquishment of commercial license or registration.

(a)

Generally. The board of county commissioners shall have the authority to permanently suspend or revoke any commercial license granted hereunder for failure to comply with this article or rules and regulations related thereto or any terms agreed to by contract. In the event of the failure of the licensee to maintain insurance required by this ordinance, the board can immediately temporarily or permanently revoke or suspend the license. Such revocation or suspension by the board of county commissioners may be taken after thirty (30) days' notice in writing to the commercial licensee of the violation charged and opportunity for the licensee to be heard, either at public hearing or public meeting. The county may also temporarily or permanently revoke the authority of a registrant to do business within Orange County if the county finds that the registrant, after reasonable notice of the charges and an opportunity to be heard by an impartial party, has consistently and repeatedly violated state or local laws, ordinances, rules and regulations.

(b)

Change in ownership. In the event there is a change in ownership of any kind or nature of a person, to whom a commercial license was issued, the commercial license issued may be revoked at the option of the board of county commissioners. All licensees shall notify the board of county commissioners in writing of such a change thirty (30) days prior thereto. This subsection shall apply to changes in controlling stock ownership in the corporation, changes in partnerships or limited partnerships or percentage participation therein, or transfer from an individual to another individual of any interest in the operating company.

(c)

License and registration not assignable. The occurrence of any of the following events, which remain in effect sixty (60) days after receipt of written notice of intent to terminate by the director, shall constitute a basis to terminate a license or registration:

(1)

Commencement by the licensee or registrant in any court pursuant to any statute of the United States or any state, territory or government, of an insolvency or bankruptcy proceeding, including, without limitation, a proceeding for liquidation, reorganization or for the readjustment of its indebtedness;

(2)

Commencement of any insolvency or bankruptcy proceeding (including, without limitation, a proceeding for liquidation, reorganization or for adjustment of indebtedness) against the licensee, or registrant if a judgement or an order for relief is entered against such party (unless such judgement or order is stayed or vacated within thirty (30) days after entry thereof), or if such party fails to secure a discharge of the proceedings within sixty (60) days after the filing thereof;

(3)

Insolvency of the licensee or registrant;

(4)

The making by the licensee or registrant of an assignment for the benefit of its creditors or the filing of a petition for or entering into of an agreement with its creditors; or

(5)

The appointment or sufferance of a receiver, trustee or custodian to take possession of all or substantially all of the property of the licensee or registrant which is not discharged within sixty (60) days, whether or not judicial proceedings are instituted in connection with such appointment or sufferance.

(d)

Assignment of license. The license, or any portion thereof, shall not be assigned except with prior written consent of the director. No such consent will be construed as making the county a party of or to such subcontract, or subjecting the county to liability of any kind to any subcontractor. No subcontractor shall, under any circumstances, relieve the licensee of his liability and obligation under this contract, and despite any such assignment, the county shall deal through the licensee. Subcontractors will be dealt with as employees and representatives of the licensee, and as such shall be subject to the same requirements as to character and competence as are other employees of the licensee.

(e)

Relinquishment of license. The licensee may, of its own volition, relinquish the commercial license to the director.

(f)

Suspension, without hearing. The board of county commissioners shall have the right to suspend collection of solid waste and/or recyclable materials by licensee. In such instance, the board of county commissioners may order the service to be provided by another person prior to the public hearing required in subsection (a), if the board of county commissioners determines that exigent circumstances warrant such a prehearing suspension.

(Code 1965, § 15-57; Ord. No. 85-17, § 17, 6-10-85; Ord. No. 90-14, § 8, 6-25-90; Ord. No. 94-18, §§ 10, 12, 8-30-94; Ord. No. 97-23, § 1, 12-16-97; Ord. No. 2008-03 , §§ 1, 2, 2-5-08)