§ 19-103 Permits.
AC § 19-103
a. In addition to any of the requirements specified in this subchapter and except as hereinafter specifically provided, all permits issued by the commissioner pursuant to this subchapter shall be subject to the provisions of this section and any rules promulgated pursuant thereto. All applications for permits shall be submitted to the commissioner in such form and shall contain such information as the commissioner shall prescribe. b. Each permit shall be subject to such reasonable conditions as the commissioner may determine are necessary to protect public safety and to safeguard the interests of the city. c. The commissioner may require that an applicant for a permit deposit cash and/or a bond or other form of security with the city in an amount which the commissioner determines may be necessary to cover and pay all of the expenses, costs and liability that the city may incur as a result of the activity for which the permit is to be issued, to insure prompt compliance with the terms and conditions of the permit or to otherwise safeguard the interests of the city. d. The commissioner may suspend review of applications for permits pending (i) payment by an applicant of outstanding fines, civil penalties or judgments imposed or entered against such applicant by a court or the environmental control board pursuant to this subchapter, (ii) payment by an applicant of outstanding fees or other charges lawfully assessed by the commissioner against such applicant pursuant to this subchapter and/or (iii) satisfactory compliance by an applicant with a request for corrective action or order issued by the commissioner pursuant to this subchapter. e.
1.The commissioner may, after giving the permittee notice and an opportunity to be heard, revoke or refuse to renew a permit: (a) for failure to comply with the terms or conditions of such permit or the provisions of this subchapter or of section 24-521 of the code or the rules or orders of the department in carrying out the activity for which the permit was issued; (b) whenever there has been any false statement or any misrepresentation as to a material fact in the application or accompanying papers upon which the issuance of the permit was based; or (c) whenever a permit has been issued in error and the conditions are such that the permit should not have been issued.
2.Notwithstanding the foregoing provision, if the commissioner determines that an imminent peril to life or property exists, the commissioner may revoke a permit without affording the permittee an opportunity to be heard prior to such revocation. The permittee shall have an opportunity to be heard, in accordance with the rules of the department, within five days after such revocation. f. The commissioner may refuse to issue a permit to an applicant (i) who has exhibited a pattern of disregard for the provisions of this subchapter, of section 24-521 of the code, the rules or orders of the department in relation thereto or the terms or conditions of permits issued pursuant to such provisions, or (ii) who has been found liable by a court or in a proceeding before the environmental control board for a violation of any provision of this subchapter, of section 24-521 of the code, of a rule or order of the department in relation thereto or of a term or condition of a permit issued pursuant to such provision, which violation caused an imminent peril to life or property. g. The commissioner, consistent with article twenty-three-A of the correction law, may refuse to issue a permit if the applicant or any officer, principal, director or stockholder of such applicant owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which in the judgment of the commissioner has a direct relationship to fitness or ability to perform the activity for which the permit is required. h.
