§ 4613. PERMIT SUSPENSIONS AND REVOCATIONS.

(a) The Director may revoke or suspend any Overdose Prevention Program permit if the Director finds any of the following circumstances to exist:

(1) Facts sufficient to support the denial of such permit on any ground set forth in Section 4607 of this Article 46;

(2) The Permittee has refused to permit an inspection of its operations under this Article;

(3) The Permittee has engaged in any conduct in connection with the operation of the Overdose Prevention Program that violates this Article 46 (which term is deemed in the entirety of this Section 4613 to include a violation of a permit condition and/or a violation of the rules and regulations adopted pursuant to this Article), or state law regulating the operation of Overdose Prevention Programs;

(4) The Director determines that such Overdose Prevention Program is being managed, conducted, or maintained in a way that threatens the health or safety of program participants, employees or contractors of the Permittee, businesses or residents in the neighborhood, or the public at large.

(b) The Director may not suspend or revoke an Overdose Prevention Program permit under this Article 46 until the Director has issued a Notice of Violation and provided the Permittee an opportunity to be heard and respond as provided in Section 4611 of this Article 46. A Permittee whose permit has been suspended or revoked must cease operations of the Overdose Prevention Program within 24 hours of the suspension or revocation order being final.

(c) Notwithstanding subsection (b) of this Section 4613, the Director may suspend summarily any Overdose Prevention Program permit issued under this Article 46 when, in the judgment of the Director, the public health or safety requires such summary suspension.

(1) A summary suspension shall take effect immediately upon its issuance, or at such time as stated in the summary suspension.

(2) The Director shall provide written notice of such summary suspension including the grounds supporting the suspension to the Permittee by hand delivery, registered mail, or electronic mail.

(3) No more than three days after written notice of such summary suspension is given, the Director shall issue a Notice of Violation identifying the alleged acts or failures to act that constitute the basis for the summary suspension, and provide the Permittee an opportunity to be heard and respond as provided in Section 4611 as to why the summary suspension should end. However, the time for hearing and decision shall be accelerated as follows: Upon a timely request for a hearing on a summary suspension that includes the information required by subsection (b)(4) of Section 4611, the Director shall set any requested hearing within seven days, unless time is extended by mutual agreement of the affected parties; and the Director, or a designated hearing officer who shall have the same authority as the Director to hear and decide the case and make any orders consistent with this Article 46 shall issue a decision on the summary suspension within seven days after hearing.

(4) If the Permittee appeals a decision by the Director or hearing officer upholding a summary suspension to the Board of Appeals, the summary suspension shall remain in effect until a final decision is issued by the Board of Appeals. Where a permit is revoked after a summary suspension, the revocation shall be effective immediately and, if the Permittee appeals to the Board of Appeals, shall remain in effect until a final decision is issued by the Board of Appeals.

(Added by Ord. , File No. 200243, App. 7/10/2020, Eff. 8/10/2020)