§ 55-15. Revocation and/or suspension of permit.

(a)

Permits may be revoked and/or suspended by the county manager or designee for the following reasons:

(1)

Noncompliance by the user, his agents or employees with any directive of the county manager or designee relating to the permits, the permitting process, permit limitations, stipulations or conditions, or any related matter.

(2)

The county manager or designee determines that the blasting has caused actual personal or real property damage to a party other than the user or blaster and determines that a suspension or revocation of the permit is necessary to investigate and/or remedy the blasting activities resulting in the damage.

(3)

In the event that false information was given or a misrepresentation was made to obtain the permit.

(4)

In the event the permittee is a fugitive from justice.

(5)

In the event the permittee has been judicially determined to be mentally incompetent.

(6)

Violation by the permittee of any provision of any explosives law or regulation or provision in this article.

(b)

When a permit is revoked and/or suspended by the county manager or designee, the permittee shall be notified of the revocation and/or suspension and the reasons therefore, in writing by certified mail, return receipt requested, or such notification may be hand delivered to the user or blaster at the blasting site. Such revocation and/or suspension shall be effective immediately upon receipt, if by mail, or immediately upon hand delivery. In the event, however, the county manager or designee deems it necessary to protect the health, safety or welfare of the public or to prevent probable damage to private or public property the county manager or designee may orally direct the suspension and/or revocation of a permit. Such revocation and/or suspension shall be effective immediately and written notice shall be provided to the permittee by certified mail within five working days thereafter.

(c)

Upon such revocation and/or suspension of permit, the county manager or designee shall provide notice to the Collier County Sheriff's office and such other agencies as he may deem appropriate.

(d)

When a permit has been revoked and/or suspended by the county manager or designee, the permittee may appeal such decision by filing a written notice of appeal with the board, with a copy to the county manager or designee, within ten working days after notification of such revocation and/or suspension. Within 45 days after the filing of the notice of appeal. A public hearing shall be scheduled before the board. At such hearing the board shall review those facts presented by the permittee and the county manager or designee and the board shall thereafter determine whether the revocation and/or suspension was in accordance with the provisions of this article. The board shall render a decision upholding the decision of the county manager or designee or shall direct the county manager or designee to lift and remove the revocation and/or suspension of the permit.

(e)

In the event that a permit is revoked and/or suspended by the county manager or designee and, if appealed, such revocation and/or suspension is upheld by the board, it shall be necessary that a new application be submitted to and approved by the county manager or designee. Such approval shall be in accordance with the provisions of this article unless the county manager or designee determines, in writing, that such new application is unnecessary and does not further the intent and purposes of this article. Such determination by the county manager or designee shall become part of the permanent permit file.

(Ord. No. 04-55, § 2.D.)