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Chapter 5.26 - Concrete and Asphalt Plants

5.26.010. Definitions
Air Pollutant: One or more air pollutants defined by Colorado Revised Statutes § 25-7-103(1.5), as such statutory definition may be amended.
Application: A written application for a Concrete or Asphalt Plant license in a form approved by the City and including all supporting documentation and the Site Plan as described by section 5.26.030(C) and 5.26.030(D).
Asphalt Batch Plant (or Asphalt Plant): A facility used for the production of a mixture composed of aggregates and bituminous material that may include, but is not necessarily limited to one or more of the following: asphalt and aggregate, aggregate feeders, asphalt heater drum burners, loading facilities, material storage piles, vehicles and vehicular traffic, lime silos, fuel handling equipment, and fuel storage equipment.
City: The City of Lakewood, Colorado.
Concrete Batch Plant (or Concrete Plant): A facility used for the production of a mixture composed of aggregates, portland cement and water and which may include, but is not necessarily limited to one or more of the following: conveyor systems, feed hoppers, augers, silos, weigh hoppers, mixers, baghouses, elevated storage bins, storage piles, vehicles and vehicular traffic, fuel handling equipment, and fuel storage equipment.
Day: A twenty-four hour period of time from midnight to midnight, or other twenty-four hour period established in writing by the Department of Public Works
Department: The Department of Public Works of the City of Lakewood, Colorado.
Director: The Director of the Department of Public Works or his/her designee unless otherwise specified.
Emissions: The discharge or release into the atmosphere of one or more Air Pollutants.
Environmental Manager: The authorized person responsible for managing the Office of Environmental Management as established by Chapter 1.25 of the Lakewood Municipal Code.
Opacity: The degree to which an Air Pollutant obscures the view of a Qualified Observer, expressed in percentage of obscuration or the degree (expressed in percent) to which transmittance of light is reduced by the air pollutant.
Owner or Operator: Any person who owns, leases, operates, controls or supervises a Concrete or Asphalt Batch Plant (or part thereof) or the land on which such a plant is located.
Person: A natural person, joint venture, joint stock company, partnership, association, club, corporation, limited liability entity in any form, business, trust, organization or a manager, lessee, agent, servant, officer or employee of any of them.
Plant: All of the concrete or asphalt production activities, equipment, buildings, and facilities that are located on one or more contiguous or adjacent properties.
Qualified Observer: A person trained and certified to observe Opacity in accordance with the United States Environmental Protection Agency Method 9, 40 CFR Part 60, Appendix A-4, Method 9, as amended.
Site Plan: A document or group of documents containing sketches, text, drawing, maps, photographs and other material intended to present and explain certain elements of a proposed development, including but not limited to physical design, siting of building and structures, interior vehicular and pedestrian access, the provision of improvements and the interrelationship of these elements. A Site Plan shall be prepared in accordance with plan preparation criteria established by the City for Asphalt or Concrete Plants, which plan preparation criteria are attached as Exhibit A.
Transport Truck: A vehicle used in the carrying of raw materials, finished product, or waste materials to or from a Concrete or Asphalt Batch Plant. (Ord. O-2004-6 § 1, 2004).

5.26.020. Plant Operation Standards
A. Emissions from Concrete or Asphalt Batch Plants.
1. Emissions from a Concrete or Asphalt batch plant shall not exceed the following standards:
a. Twenty percent (20%) opacity during normal operation of the plant. For purposes of this section, "normal operation" shall mean all periods of operation other than daily initial startup of the plant or adjustment of air pollution control equipment.
b. Thirty percent (30%) opacity during periods of initial daily startup or adjustment of air pollution control equipment.
c. Opacity percentages for (a) and (b) above shall be measured by a Qualified Observer using the United States Environmental Protection Agency's Method 9 for the Visual Determination of the Opacity of Emissions from Stationary Sources, 40 CFR Part 60, Appendix A-4, Method 9, as such standards may be amended.
2. Compliance with the Emission provisions of this ordinance will be determined by a Qualified Observer from or retained by the City, Jefferson County, or the State of Colorado.
3. Emissions from material handling (i.e., loading; unloading, storage, transfer or hauling) shall be controlled at all times by the periodic or routine application of water to the surface of materials unless natural moisture is sufficient to control such Emissions.
B. Operations.
1. Hours of Operation: The hours of operation of any Concrete or Asphalt Plant, including all ancillary activities including, but not limited to the operation of equipment or truck engines or any plant equipment producing noise, but excepting on-site security operations, shall occur only as follows:
a. October 1 to May 31 between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday, and between 7:00 a.m. and 9:00 p.m. on Sunday.
b. June 1 to September 30 between the hours of 5:00 a.m. and 9:00 p.m., Monday through Saturday, and between 7:00 a.m. and 9:00 p.m. on Sunday.
c. Applications for any temporary exemption from the provisions of this section shall be made to the City Manager or his designee. In approving or denying a temporary exemption, consideration shall be given to effective dates, hours of operation, type of noise, location, loudness, equipment noise characteristics and public health, safety and welfare. Any temporary exemption approved hereunder may provide for, without limitation, a public information program prior to operation under the exemption, restrictions on effective dates, hours of operation, type of noise, location, loudness and equipment type relating to that particular activity giving rise to the relief requested. The City Manager shall promptly notify the City Council of each temporary exemption approved.
2. Truck Routes: The Owner or Operator of any Concrete or Asphalt Plant shall submit to the City for approval a map showing pre-designated routes for all Transport Trucks traveling north, east, south and west between the plant and the nearest arterial street. The intent of this section is to control the route between the nearest arterial street and the plant, taking into consideration that the routes may be different depending on travel direction.
The route maps shall restrict to the greatest extent possible the routing of Transport Trucks so as to eliminate or minimize routes that traverse residential neighborhoods, that unreasonably and adversely impact residential dwelling units, or that damage or degrade public streets from repetitive heavy weights or the spillage of materials from Transport Trucks. No plant operations shall commence until the City has approved the truck route map as conforming to the requirements of this section. Once the route map is approved by the City, all Transport Trucks shall travel the approved routes as shown on the route map unless a temporary diversion is necessary to avoid emergency or hazardous conditions along the approved route. The Owner or Operator shall promptly contact the Director in the event of any circumstance necessitating a diversion from the route map.
3. Surface Paving and Drainage: All areas of any Concrete or Asphalt Plant site on which Transport Trucks, customers, or employee-owned vehicles park, travel, maneuver, load or unload shall be paved with asphalt or concrete in accordance with City approved construction and pavement designs prepared by a Colorado-licensed professional engineer specializing in the geo-technical field. Such designs shall use the design parameters specified in the City Engineering Regulations, Construction Specifications and Design Standards and shall consider the anticipated traffic volume and vehicle types traversing such paved areas.
a. The City Engineer is authorized to impose reasonable restrictions on the use of paved areas to ensure that any concrete or asphalt pavement remains undamaged by improper use. Such restrictions may include, but shall not be limited to, prohibiting use of specified paved areas by Transport Trucks, limiting access to specified paved areas by vehicles exceeding a specified weight, or requiring directional signage to prevent improper use of specified paved areas.
b. All areas of the Concrete or Asphalt Plant shall include City approved engineered plans for grading, curb and gutter, pipes, swales or other similar drainage works, all designed and built in accordance with the Lakewood Engineering Regulations, Design Standards and Construction Specifications. These drainage works shall direct rainfall and other surface water to a stormwater detention/water quality control pond. Specific areas of the plant site may be exempted from this requirement by the City Engineer if the City Engineer determines it is physically infeasible to direct water from such areas to a stormwater detention/water quality control pond.
4. Tracking of Dirt, Mud, and Materials on Public Streets: Concrete and Asphalt Plants shall employ measures to limit the tracking, carrying, or depositing of aggregates, fillers, dirt, dust, mud, sludge, or other materials associated with the Concrete or Asphalt Plant upon any public street or thoroughfare.
a. All Transport Trucks and equipment leaving a Concrete or Asphalt Plant shall be completely rinsed of asphalt, concrete, aggregates, fillers, dirt, dust, mud, sludge, or other Plant materials prior to leaving the site.
b. All liquid residues resulting from the cleaning of Transport Trucks and equipment as required by section 5.26.020 B 4a shall be directed to an impervious process holding basin(s) approved by the City.
(i) Such process basin(s) shall be hydraulically separate from the stormwater detention/water quality control facilities which are required by section 5.26.020 B 3b above and by other ordinances and regulations of the City.
(ii) All liquids from such process basin(s) shall either be recycled through the plant or discharged to the sanitary sewer system. The process basin(s) shall be designed, maintained and operated to meet applicable statutory and regulatory standards for discharge from such basin(s).
(iii) All residual material from process basins shall be collected and disposed of or recycled, all in accordance with applicable laws and regulations.
(iv) After issuance of a license from the City per section 5.26.030, records evidencing proper disposition of residue material must be maintained on-site in a place that is reasonably safe from theft or destruction and made available upon reasonable request for City inspection. The record retention time shall be three (3) years for all records created after issuance of a license by the City.
c. Notwithstanding 5.26.020 B.3.b. and 5.26.020 B.4.b., the functions of a stormwater detention/water quality control pond and liquid residue process holding basin(s) may, with the approval of the City, be combined into a single facility where it can be demonstrated to the City that such a single facility will meet the discharge and water quality requirements provided for in 5.26.020 B.3.b. and 5.26.020 B.4.b.
5. Sweeping of Public Roads and Plant Pavement: If, on public roadways, there are visible tracks or deposits of aggregates, fillers, dirt, dust, mud, sludge, or any other material associated with the operation of a Concrete or Asphalt Plant along the travel path of vehicles exiting the plant site, all such public road(s)) shall be swept by the Owner or Operator at least once each day of operation or more often as reasonably required by the City to remedy and remove the tracking and deposit of aggregates, fillers, dirt, dust, mud, sludge, or any other material associated with the operation of a Concrete or Asphalt plant. The paved areas of the plant premises shall also be swept at least once each day of operation or more often as reasonably required by the City during plant operation hours when airborne dust from paved surfaces is crossing the property line of the plant premises. All such sweeping shall be done by a commercial grade mechanical, vacuum or regenerative air sweeper that uses water for controlling dust and is capable of removing caked?on debris from a paved surface with rotating brooms and which has an onboard storage hopper for debris that can be dumped off-site or into a truck. The Owner or Operator shall keep a daily written log of sweeping activities. The record retention time for the written log shall be one month for all sweeping records created after issuance of a license by the City.
C. Permits Required.
The Owner or Operator of any Concrete or Asphalt Plant shall obtain and shall maintain valid and current all federal, state, and local permits, authorizations, and certifications required for the operation of the Concrete or Asphalt Plant including, but not limited to Stormwater Industrial Discharge Permit(s), Process Water Industrial Permit(s), Air Permit(s) and Construction Permit(s).
D. Site Plan Required.
All Concrete or Asphalt Plant sites shall be improved in complete conformance with a City-approved Site Plan (as defined by section 5.26.010) and meeting the requirements of this Chapter, the Zoning Ordinance, the Lakewood Engineering Regulations, Construction Specifications and Design Standards and other applicable ordinances and regulations of the City. To obtain a license to operate a Concrete or Asphalt Plant from the City, the Owner or Operator shall meet all of the following requirements:
1. Obtain City approval of a Site Plan for the Concrete or Asphalt Plant in accordance with this Chapter.
2. Construct all site improvements shown on the City approved Site Plan.
3. Obtain final approval by the City of the constructed improvements.
4. Comply with all standards of this Chapter, City zoning, building, fire, and safety codes, and with the air quality and hazardous waste laws of, the State of Colorado and the United States. (Ord. O-2004-6 § 1, 2004).

5.26.030. License Required
A. License Required for All Concrete or Asphalt Plants. It shall be unlawful to operate a Concrete or Asphalt Plant without the Owner or Operator first having obtained a license issued by the City's Department of Public Works ("Public Works Department") with the written concurrence of the City's Environmental Manager. License fees for the operation of a Concrete or Asphalt plant shall be established, and from time to time may be changed, by resolution of the City Council.
B. License Conditions and Requirements Authorized. The City may impose conditions and requirements on the issuance of a license that are reasonably necessary to ensure the operation of the Concrete or Asphalt Plant in accordance with this Chapter, the Zoning Ordinance, the Lakewood Engineering Regulations, Design Standards and Construction Specifications, other applicable ordinances and regulations of the City and state and federal laws and regulations.
C. License Application - Existing Asphalt or Concrete Plant. All Concrete or Asphalt Plants existing within the City at the time this ordinance is enacted shall submit and process an Application for a license in accordance with the following procedure:
1. Within 10 days after the effective date of this ordinance, the Owner or Operator shall contact, schedule, and meet with the City for pre-planning and discussion of the submission requirements of an Application as set forth in this Section 5.26.030 (C).
2. Within 75 days after meeting with the City in accordance with C1 above, the Owner or Operator shall submit all documentation and information identified below. The City may, at its discretion and upon a finding that such information is not required for the processing of an application for licensure of an existing Concrete or Asphalt Plant, waive or modify one or more identified Application submittal requirements. Any waiver of modification shall be effective only if made in writing by the City and any such waiver(s) shall be applicable only to the application under consideration.
a. An Application in a form approved by the City which shall include identification, address, and contact information for the Owner or Operator of the Concrete or Asphalt Plant;
b. Payment of all application or processing fees imposed for the application;
c. A title commitment dated not less than one (1) month from the date of application submittal evidencing the ownership and encumbrances of the property upon which all operations associated with the Concrete or Asphalt Plant are located;
d. Evidence that any necessary state and federal permits are current and valid for the Concrete or Asphalt Plant;
e. A route map illustrating the routes of Transport Trucks to and from the Concrete or Asphalt Plant as described in detail in Section 5.26.020 B 2;
f. An operational plan specifying the hours and days of operation, a sweeping plan for public roads and plant pavement specifying equipment for such sweeping, shift arrivals and departures, staffing requirements, and general security measures. Documentation pertaining to security measures may be marked as "confidential";
g. Listing of the names and addresses of all Concrete or Asphalt Plants within Colorado owned or operated by the Owner or Operator of the Concrete or Asphalt Plant;
h. A summary description of all prior violations, within the previous three years, of federal, state and local laws or regulations for the asphalt or concrete plants listed as required in g) above pertaining to zoning, land use, environment or environmental protection, business licensing and plant operations. The Owner or Operator shall include a written explanation of the procedures or methods to be employed at the existing Concrete or Asphalt Plant to avoid or prevent similar violations as those experienced at the asphalt or concrete plants listed;
i. A detailed Site Plan prepared in accordance with the plan preparation criteria established by the City for Asphalt or Concrete Plants, which plan preparation criteria are attached as Exhibit A; and
j. Any other information or documentation reasonably required by the City to demonstrate or ensure conformance with the requirements and standards of this Chapter, the City of Lakewood Municipal Code, the City Engineering Regulations, Construction Specifications and Design Standards, the City building, fire, and safety codes, and with the air quality and hazardous waste laws of the State of Colorado and the United States.
3. Within 15 days after receiving an Application, the City shall mail written comments to the Owner or Operator via certified mail, return receipt requested, detailing specific deficiencies in the Application, if any, and identifying the corrective actions which must be taken by the Owner or Operator to remedy such deficiencies.
4. Within 15 days following receipt of the City's written comments, the Owner or Operator shall correct all noted deficiencies in the Application in the manner specified by the City's written comments and shall return the corrected Application to the City for further review. Failure of the Owner or Operator to timely correct cited deficiencies shall result in the denial of the Application.
5. Within 15 days following receipt of the corrected Application, the City shall conditionally approve a complete and properly corrected Application where the City finds that the Concrete or Asphalt Plant is operating or will operate in compliance with this Chapter and any applicable law or regulation following completion of the site plan improvements as provided in this Chapter. In addition to any other conditions necessary to ensure conformance with this Chapter and applicable law, the City's conditional approval shall include a condition that all improvements illustrated in the approved Site Plan and other associated studies and reports shall be constructed within 240 days after the effective date of this ordinance. The City may administratively deny a license to operate a Concrete or Asphalt Plant where the City
finds that: (a) the Owner or Operator failed to demonstrate to the City that the Concrete or Asphalt Plant will operate in compliance with this Chapter or any applicable law or regulation; (b) the Owner or Operator failed to submit to the City any information reasonably required; or (c) the Owner or Operator has a record of violation or noncompliance with laws and regulations applicable to the operation of a Concrete or Asphalt Plant located in the City or of a Concrete or Asphalt Plant in another location. Any denial shall be in writing, contain a description of the reasons for the denial, and shall be sent to the Owner or Operator by certified mail, return receipt requested, at the Owner's or Operator's address as specified in the Application. An Owner or Operator shall have thirty (30) days from the date of mailing of a denial within which to correct all cited deficiencies. If the needed corrections are not made within the allowed period, the denial of the Application shall be deemed final.
6. Within 10 days following City's conditional approval of the application, the Owner or Operator shall begin construction of the improvements shown in the Site Plan and shall complete all such improvements to the satisfaction of the City within 240 days after the effective date of this ordinance.
7. The City may enter into a written agreement with an Owner or Operator to extend the deadline for completion of improvements or phase the construction and completion of required improvements. Any such extension or phasing of construction shall be approved by the City only when the Owner or Operator demonstrates to the City by competent evidence that: (a) the extension or phasing is necessary due to circumstances beyond the control of the Owner or Operator; and (b) reasonable efforts have been employed by the Owner or Operator to obtain the license without undue delay; and (c) the delay in completion or phasing of completion of improvements will not significantly impair the health and safety of the public.
8. Upon completion of all improvements shown or described on the site plan and other associated studies and reports, and approval of such improvements by the City, an unconditional license shall be issued.
D. License Application - New Concrete or Asphalt Plant.
1. Application Requirements. Any Owner or Operator who wishes to obtain a license to operate a new Concrete or Asphalt Plant shall demonstrate to the City that the Concrete or Asphalt Plant will be located, constructed, and operated in compliance with this Chapter and with all applicable laws and regulations. An Owner or Operator for a license shall submit to the Public Works Department the following documentation or information:
a. An Application in a form approved by the City which shall include identification, address, and contact information for the Owner or Operator, of the proposed Concrete or Asphalt Plant;
b. Payment of all application or processing fees imposed for the application;
c. A title commitment dated not less than one (1) month from the date of application submittal evidencing the ownership and encumbrances of the property upon which all operations associated with the proposed Concrete or Asphalt Plant will be located;
d. Evidence that any necessary state and federal permits are current and valid or will be obtained prior to construction of the Concrete or Asphalt Plant;
e. A route map illustrating the routes of Transport Trucks to and from the Concrete or Asphalt Plant as described in detail in Section 5.26.020 B 2;
f. An operational plan specifying the hours and days of operation, a sweeping plan for public roads and plant pavement specifying equipment for such sweeping, shift arrivals and departures, staffing requirements, and general security measures. Documentation pertaining to security measures may be marked as "confidential";
g. Listing of the names and addresses of all Concrete or Asphalt Plants within Colorado owned or operated by the Owner or Operator of the proposed Concrete or Asphalt Plant;
h. A summary description of all prior violations of federal, state and local laws or regulations, within the previous three years, for the asphalt or concrete plants listed as required in g) above pertaining to zoning, land use, environment or environmental protection, business licensing and plant operations. The Owner or Operator shall include a written explanation of the procedures or methods to be employed at the proposed Concrete or Asphalt Plant to avoid or prevent similar violations as those experienced at the asphalt or concrete plants listed;
i. A detailed Site Plan prepared in accordance with plan preparation criteria required by the City for Asphalt or Concrete Plants, which plan preparation criteria are attached as Exhibit A; and
j. Any other information or documentation reasonably required by the City to demonstrate or ensure conformance with the requirements and standards of this Chapter, the City of Lakewood Municipal Code, the City Engineering Regulations, Construction Specifications and Design Standards, the City building, fire, and safety codes, and with the air quality and hazardous waste laws of the State of Colorado and the United States.
2. Application Completeness Review. Upon receipt of an Application, the Public Works Department shall determine whether the application submitted constitutes a complete application. Such determination shall be made within forty five (45) days of the City's receipt of the Application and within the 45 days the City shall notify the Owner or Operator in writing of the completeness of the Application and shall provide specific information regarding any deficiencies identified.
3. Application Review. The Public Works Department shall administratively approve, approve with conditions, or deny an application for issuance of a new license within 30 days from the date the Application is deemed complete by the City. Any approval or conditional approval shall include a condition that all improvements illustrated in the approved Site Plan or described in the approved Application shall be constructed by the Owner or Operator and approved by the City prior to issuance of a license. The City may administratively deny a license to operate a Concrete or Asphalt Plant where the City finds that: (a) the Owner or Operator failed to demonstrate to the City that the Concrete or Asphalt Plant will operate in compliance with this Chapter or any applicable law or regulation; (b) the Owner or Operator failed to submit to the City any information reasonably required; or (c) the Owner or Operator has a record of violation or noncompliance with laws and regulations applicable to the operation of a Concrete or Asphalt Plant located in the City or of a Concrete or Asphalt Plant in another location. Any denial shall be in writing, contain a description of the reasons for the denial, and shall be sent to the Owner or Operator by certified mail, return receipt requested, at the Owner's or Operator's address as specified in the Application. An Owner or Operator shall have thirty (30) days from the date of mailing of a denial within which to correct all cited deficiencies. If the needed corrections are not made within the allowed period, the denial of the Application shall be deemed final. If the Owner or Operator corrects the deficiencies to the reasonable satisfaction of the City and in accordance with this Chapter, the denial shall be retracted and such application shall be approved. (Ord. O-2004-6 § 1, 2004).


5.26.040 Transfer of License
Any person who purchases or otherwise acquires control of a Concrete or Asphalt Plant shall notify the City in writing of the change of ownership or control, including in the notice the effective date of the change as well as the name, address and telephone number of the new Owner or Operator. Such notice shall be provided to the City's Environmental Manager no more than ten (10) days after the effective date of the change in ownership or control. (Ord. O-2004-6 § 1, 2004).

5.26.050. Appeals of Licensing Decision
A. Appeal Hearing. An Owner or Operator shall have the right to a quasi-judicial hearing before the City Manager or his designee for the purpose of appealing the Department's administrative decision(s). A written request for a hearing shall be made to the City Manager or his designee within ten (10) days of the mailing date of the Department's written findings and decision denying or conditioning the license application. The hearing shall be conducted within fourteen (14) days of the City Manager's or his designee's receipt of the written request for a hearing unless a later date is requested by the Owner or Operator. During the appeal process for an existing Asphalt or Concrete Plant, the plant may continue in operation provided, at a minimum, it remains in compliance with all state and federal laws and requirements.
B. Scheduling. Upon receipt of a request for a hearing, the City Manager or his designee shall schedule a hearing and notify the Owner or Operator of the date, time, and place of the hearing. Such notification shall be made by a written notice and shall be mailed or delivered to the Owner or Operator at the Owner's or Operator's address shown in the application. An Owner or Operator may be represented at the hearing by an attorney or other representative. An Owner, Operator, or the City may request a continuation of the hearing date.
C. Conduct of Hearing. At the hearing, the City Manager or the Manager's designee shall hear and consider such evidence and testimony presented by the City, the Owner or Operator, or any other witnesses presented by the City or the Owner or Operator which are relevant to the stated reason and basis for the Department's denial or conditioning of the license application. The City Manager or his designee shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross-examination, and presentation of relevant documents and other evidence. The hearing shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record.
D. Written Order. Not more than fourteen (14) days following the conclusion of the hearing, the City Manager or his designee shall send a written order by certified mail, return receipt requested, to the Owner or Operator at the address as shown on the application. The order shall include findings of fact and a final decision concerning the approval or denial of the application. In the event that the City Manager or his designee concludes that the application is approved or condition removed, such approval shall constitute approval by the Department, and the Owner or Operator may seek issuance of a license in accordance with this Chapter.
E. Appeal of Order. The order of the City Manager or his designee made pursuant to this section shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to the District Court, the City Manager's or his designee's decision shall be final upon the earlier of the date of the Owner's or Operator's receipt of the order or four (4) days following the date of mailing. (Ord. O-2004-6 § 1, 2004).


5.26.060. Suspension or Revocation of License
A. Suspension or Revocation. The City Manager or his designee may suspend, revoke, modify, or place conditions on the continuation of a license upon a finding that the Licensee has violated any of the provisions of this Chapter, the Zoning Code, the Lakewood Engineering Regulations, Design Standards and Construction Specifications, other applicable ordinances and regulations of the City, or state or federal laws or regulations. During the appeal process, the Asphalt or Concrete Plant may continue in operation provided, at a minimum, it remains in compliance with all state and federal laws and requirements.
B. Other Enforcement Authorized. Nothing in this Chapter shall prohibit the City from taking any other enforcement action provided for by the Lakewood Municipal Code, the laws of the State of Colorado, or of the United States.
C. Hearing on Suspension or Revocation. A licensee shall be entitled to a quasi-judicial hearing before the City Manager or his designee if the City seeks to suspend, revoke, modify or place conditions on a license based on a violation of this Chapter.
1. When there is probable cause to believe that a licensee has violated or permitted a violation of this Chapter or other laws to occur, the City Attorney may file a written complaint with the City Manager or his designee setting forth the circumstances of the violation.
2. The City Manager or his designee shall send a copy of the complaint by certified mail, return receipt requested, to the licensee at the address as shown on the license application, together with a notice to appear before the City Manager or his designee for the purpose of a hearing to be conducted at a specified date and time and at a place designated in the notice to show cause why the licensee's license should not be suspended, revoked, modified or subjected to new conditions. Such hearing shall be held on a date not less than fourteen (14) days following the date of mailing of the complaint and notice to the licensee. A licensee may be represented at the hearing by an attorney or other representative.
D. Conduct of Hearing. At the hearing, the City Manager or his designee shall hear and consider such evidence and testimony presented by the City enforcement officers, the City, the licensee, or any other witnesses presented by the City or the licensee that is relevant to the violations alleged in the complaint. The City Manager or his designee shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross examination, and presentation of relevant documents and other evidence. The hearing shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record.
E. Written Findings. The City Manager or his designee shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. Such written findings and conclusion shall be prepared and issued not more than fourteen (14) days following the conclusion of the hearing. If the City Manager or his designee determines that a violation did occur which warrants suspension, revocation, modification or conditioning of the license pursuant to this section, he shall issue an order suspending, revoking, modifying or placing conditions on the license. A copy of the findings, conclusion, and order shall be mailed to the licensee by certified mail, return receipt requested, at the address shown on the license application.
F. Appeals. For purposes of any appeal to the District Court, the City Manager's or his designee's decision shall be final upon the earlier of the date of the Owner's or Operator's receipt of the findings, conclusion, and order or four (4) days following the date of mailing of the City Manager's or his designee's decision. The order of the City Manager or his designee shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4).
G. No Refund and Costs of Enforcement. In the event of suspension, revocation, modification, conditioning, or cessation of business, no portion of the license fee shall be refunded. Any person whose license is suspended, revoked, modified or conditioned under this section shall be required to pay the costs including, but not limited to, attorneys' fees, expert witness and/or consultant fees, incurred by the City to enforce this ordinance. (Ord. O-2004-6 § 1, 2004).

5.26.070. Compliance and Enforcement
A. Inspections and Enforcement Authority. The City, through its Environmental Manager, his or her designee, Police Agents and/or Code Enforcement Officers, shall conduct inspections or investigations of all Concrete and Asphalt Plants in the City during regular business hours. The Environmental Manager, his or her designee, Police Agents and/or Code Enforcement Officers, are authorized to issue citations for violations of this ordinance. It shall be unlawful to hinder, prevent or refuse to permit any inspection or investigation in connection with the provisions of this ordinance. In the event that entry into a Concrete or Asphalt plant for the purpose of inspection or investigation is denied, the City may apply to the Municipal Court or the State District Court for a warrant to permit the entry, inspection or the collection of evidence.
B. Violations. Any failure to comply with this Chapter shall constitute a violation of this ordinance. Each incident, and each day, of non-compliance shall be separate violations. Each violation of this ordinance shall be punishable by the penalties set forth in Section 1.16.020. Additionally, violations of this ordinance are declared to be a nuisance within the meaning of Chapter 9.80 of the Lakewood Municipal Code.
C. Injunctions. The City may pursue injunctive relief for any violation of this Chapter as may be permitted by law.
D. Costs and Charges. Any person who violates this Ordinance shall be required to pay the costs and expenses incurred by the City in any civil action to enforce this ordinance including, but not limited to, attorneys' fees, expert witness and/or consultant fees. Such costs and expenses may be collected by the City in any civil action brought to enforce this ordinance or separately in any action at law.
(Ord. O-2017-16 § 7, 2017; Ord. O-2004-6 § 1, 2004).

5.26.080 Administrative Regulations Authorized
The Director is authorized to promulgate administrative forms, guidelines, and criteria necessary to implement the provisions of this Chapter. (Ord. O-2004-6 § 1, 2004).