Chapter 8.12
REFUSE COLLECTION

Sections:

8.12.010    Definitions.

8.12.020    Littering prohibited.

8.12.030    Garbage collection compulsory.

8.12.040    Containers – Generally.

8.12.050    Containers – Number.

8.12.060    Containers – Yard waste.

8.12.070    Containers – Restrictions.

8.12.080    Containers – Location.

8.12.090    Containers – Marking.

8.12.100    Special arrangements.

8.12.110    Placement.

8.12.120    Hazardous materials prohibited.

8.12.130    Hours.

8.12.140    Use restrictions.

8.12.150    Transportation – Spill prevention.

8.12.160    Transportation – Vehicle requirements.

8.12.170    Ownership.

8.12.180    Interference with containers prohibited.

8.12.190    Interference with collection prohibited.

8.12.200    Inspection.

8.12.210    Refusal to collect – Notice.

8.12.220    Refusal to collect – Marking.

8.12.230    Collector franchise – Required.

8.12.240    Collector franchise – Granting.

8.12.250    Collector franchise – Bid procedure.

8.12.260    Collector franchise – Statement required.

8.12.270    Collector franchise – Exclusivity.

8.12.280    Collector franchise – Disposal requirements.

8.12.290    Permit – Granting.

8.12.300    Permit – Period.

8.12.310    Permit – Contents.

8.12.320    Permit – Application.

8.12.330    Charges – Service required.

8.12.340    Charges – Amount.

8.12.350    Charges – Determination.

8.12.360    Charges – Uniformity required.

8.12.370    Fees – Franchise.

8.12.390    Fees – Industrial permit.

8.12.400    Fees – Permit.

8.12.410    Fees – Payment.

8.12.420    Bond required.

8.12.430    Insurance required.

8.12.440    Transferability of franchise or permit.

8.12.450    Revocation of franchise.

8.12.460    Employee requirements.

8.12.470    Interruption of service – Labor dispute.

8.12.480    Interruption of service – City responsibility.

8.12.490    Interruption of service – Employee use.

8.12.500    Recordkeeping.

8.12.510    Audit required.

8.12.520    Vehicles – Requirements.

8.12.530    Vehicles – Cleanliness.

8.12.540    Vehicles – Inspection.

8.12.550    Vehicles – Equipment required.

8.12.560    Name restrictions.

8.12.570    Service records.

8.12.580    Information card.

8.12.590    Billing.

8.12.600    Enforcement.

8.12.620    Recycling.

8.12.010 Definitions.

For the purposes of this chapter, the following terms are defined:

A. “Bin” means a container designed for mechanical emptying with a close-fitting cover and of a design approved by the council.

B. “City” means the city of Hughson.

C. “City manager” means the city manager of the city.

D. “Commercial customer” means a customer receiving refuse collection service where such customer is principally engaged in retailing of goods or services and not defined as industrial or residential.

E. “Contract” means the written agreement covering the performance of the work, including, but not limited to, the formal agreement and special provisions, affidavits and certificates of equal opportunity employment, certificate of workers’ compensation insurance, the proposal, contract specifications and performance bond.

F. “Contractor” means the individual, partnership, corporation, joint venture or other legal entity entering into a contract with the city to provide residential, commercial and partial industrial refuse collection services. When modified by the phrase “as constituted,” it means the partnership, corporation or other legal entity as organized and existing, with the same majority shareholders, as determined at the time of the execution of a contract between the contractor and the city.

G. “Council” means the city council of the city.

H. “County” means the county of Stanislaus, state of California.

I. “Customer” means any person receiving refuse service under the provisions of this chapter.

J. “Disposal site” means an area or location used for the disposal of refuse, and authorized by law to receive such refuse.

K. “Drop box” means a container designed to be loaded upon a vehicle for transportation to the disposal site with a minimum capacity of 10 cubic yards and of a design approved by the council.

L. “Industrial refuse” means refuse produced by a person principally engaged in the business of processing, warehousing, or manufacturing agricultural, animal, or other products or materials, who is not a commercial or residential customer, whose principal business on site is not retail in nature and refuse produced by any persons engaged in the business of building, remodeling, construction, or demolition.

M. “Occupant” means the person in possession or control of premises such as lessee, licensee, manager, custodian, or caretaker.

N. “Owner” means the person having dominion of or title to premises.

O. “Person” means any individual, firm, corporation, association, group, or combination and the plural as well as the singular.

P. “Premises” means a parcel of real property to the center of an alley adjacent thereto, located in the incorporated area of the city, upon which is situated any dwelling house or other place of human habitation, including each unit of a multiple occupancy building, or upon which is conducted any business, occupation, or activity which results in the production or accumulation of refuse.

Q. “Refuse” means any and all discarded items and substances of every kind, including infectious wastes and salvageable or recyclable materials and garden wastes, but not including sewage, septic tank contents, sewer sludge and construction and demolition debris, sand trap contents, grease trap contents or hazardous wastes as defined by state and/or federal law.

R. “Refuse collector” means a person who collects or transports refuse under authority granted by the council, including his agents and employees. (Ord. 90-10 § 1, 1990)

8.12.020 Littering prohibited.

A. No owner or occupant shall throw, drop, leave, dump, bury, place, or otherwise dispose of any refuse, or allow any other person to dispose of refuse, upon his premises except in a regularly designated disposal site; provided, however, building materials may be kept on premises during a period of active construction, reconstruction, or repair of a building or structure thereon under a valid building permit; and wood may be kept neatly piled upon premises for household use; and garden refuse may be composted in a manner approved by the council.

B. No person shall throw or deposit or cause to be thrown or deposited, any refuse or abandon any material whatsoever in or upon any public property, public right-of-way, watercourse, or banks of any watercourse, or upon the premises of any other person except at a regularly designated disposal site. (Ord. 90-10 § 1, 1990)

8.12.030 Garbage collection compulsory.

The owner or occupant of an occupied dwelling, house or other place of human habitation, including a business establishment, shall be responsible for the regular collection of garbage from said place by the authorized collector of garbage in the city at least once each week, and shall also be responsible for the payment of all garbage services by said authorized collector of garbage. The owner or occupant of premises upon which a hotel, restaurant, boardinghouse, or other garbage-producing business is operated shall be responsible for the regular collection of garbage from said place by the authorized collector of garbage in the city at least twice each week and shall also be responsible for the payment of all garbage services by said authorized collector of garbage. The council may require a greater number of collections per week, provided, however, that, upon a showing of hardship or unnecessity, the city manager may exempt any single location from the requirements of this section. (Ord. 90-10 § 1, 1990)

8.12.040 Containers – Generally.

No owner or occupant shall fail or neglect to provide or have provided a sufficient number of containers or bins for receiving and holding, without leakage or escape of odors, all refuse created, produced, or accumulated on the premises, and all such refuse shall be deposited in such containers. Containers shall at all times be kept in good, useful, and sanitary condition. Containers shall be kept continuously closed except when refuse or recyclables are being placed therein or removed therefrom, and shall at all times be closed against the access of flies, rodents, and other animals. Containers used shall be those provided by the franchise collector. (Ord. 01-09 § 1, 2001; Ord. 90-10 § 1, 1990)

8.12.050 Containers – Number.

A. All premises shall have sufficient containers to hold all refuse created, produced, or accumulated on the premises between required removals. In determining the sufficiency of the number of containers required, the following minimum standards shall apply:

1. One-family and two-family dwellings, one container per dwelling unit of at least 35-gallon capacity;

2. Multiple-dwelling building, one container of at least 35-gallon capacity per dwelling unit unless a lesser number is authorized by the council;

3. Motel, hotel, trailer park or mobile home park, one container of at least 35-gallon capacity per unit or space unless a lesser number is authorized by the council;

4. Business, not less than one container of at least 35-gallon capacity.

B. Customers may arrange for use of bins or drop boxes instead. These arrangements shall be made with the refuse collector on the basis of charges established by the terms of the franchise or by resolution of the city, as the case may be. (Ord. 01-09 § 2, 2001; Ord. 90-10 § 1, 1990)

8.12.060 Containers – Yard waste.

Yard waste may be placed in refuse containers or yard waste containers provided by the franchise collector. (Ord. 01-09 § 3, 2001; Ord. 90-10 § 1, 1990)

8.12.070 Containers – Restrictions.

Any container in excess of the number of containers containing refuse which the customer is entitled to have collected according to the charge he pays shall not be collected. (Ord. 90-10 § 1, 1990)

8.12.080 Containers – Location.

Containers shall not be placed or allowed to remain in or on any street or alley right-of-way unless authorized by the council. Except for handicapped customers, residential customers shall place their containers curbside for collection day. (Ord. 01-09 § 4, 2001; Ord. 90-10 § 1, 1990)

8.12.090 Containers – Marking.

Containers and bins which the owner desires to have left on the premises by the refuse collector, shall have printed or marked thereon in figures at least two inches in height, and clearly legible, the street number of the premises to which the container belongs. The refuse collector may collect and remove any container which does not have the house number or business address plainly marked thereon as provided in this section. (Ord. 90-10 § 1, 1990)

8.12.100 Special arrangements.

The owner or occupant of a premises, or two or more such persons acting jointly, may request the council to approve a plan whereby special arrangements are made for effective and efficient refuse removal. The proposed plan shall include a statement of expected charges and such other comments as the city manager considers appropriate. The council is authorized to grant variances to any provision of this chapter and to approve the proposed plan with such conditions as are deemed necessary. (Ord. 90-10 § 1, 1990)

8.12.110 Placement.

Subject to the prohibitions of HMC 8.12.080, containers shall be placed for collection of their contents in the following manner:

A. On single-family and two-family premises:

1. Where alleys exist, upon the customer’s premises immediately adjacent to and accessible from the alley without the necessity of entering the premises;

2. Where alleys do not exist, upon the customer’s premises at a location no greater than the curbside of the street fronting the premises; provided, that the city manager may approve an agreement between the customer and the refuse collector as to the location of refuse for collection.

B. Containers and bins for service to multiple-dwelling premises and garbage-producing businesses shall be placed in a location no greater than 50 feet from the nearest point where the refuse collector’s vehicle can reasonably be parked. Drop boxes shall be located as agreed upon between the customer and the refuse collector. In case of dispute, the location shall be as determined by the council.

C. Containers for required service may be placed on premises at a location other than as provided in subsections A and B of this section set forth as may be provided in the schedule of charges adopted by the council from time to time.

D. Containers may be placed for collection of their contents no earlier than noon on the day before the scheduled collection day, and must be removed from the collection point and placed in accordance with subsection (A)(2) of this section no later than noon on the day following the scheduled collection day.

E. All containers not set out for collection must be screened from public view, where possible. If conditions of the customer’s premises make it impossible to screen containers from public view, containers shall be stored as far from the curb and as out of the public view as possible under the circumstances. (Ord. 09-01 §§ 1, 2, 2009; Ord. 03-07 § 1, 2003; Ord. 01-09 § 5, 2001; Ord. 90-10 § 1, 1990)

8.12.120 Hazardous materials prohibited.

No person shall deposit in any container used for refuse any explosive, highly flammable, radioactive, toxic, or other hazardous material or substance without having first made special arrangements for the disposal thereof with the refuse collector. No person shall deposit any such hazardous material in a disposal site without having first made special arrangements for the disposal thereof with the disposal site operator. (Ord. 90-10 § 1, 1990)

8.12.130 Hours.

No collection shall be made in residential districts, as shown on the zoning map of the city, prior to 6:00 a.m. or after 6:00 p.m. No collections shall be made at schools, churches, offices, or commercial establishments in or adjacent to residential districts prior to 5:00 a.m. or after 9:00 p.m. (Ord. 90-10 § 1, 1990)

8.12.140 Use restrictions.

Notwithstanding the provisions of HMC 8.12.030, refuse may be used for animal feed, soil improvement, recycling, or other beneficial purpose; provided, such use complies with this chapter and all other laws. Except as authorized pursuant to HMC 8.12.100, no person shall use, store, or transport refuse for any beneficial purpose without having a valid permit therefor issued by the city manager. The city manager shall issue or amend a permit upon terms and conditions as are determined to be necessary to insure that the use or the proposed use complies with existing laws and regulations and does not create a health menace or a nuisance. (Ord. 90-10 § 1, 1990)

8.12.150 Transportation – Spill prevention.

Refuse hauled by any person over any street or road in the city shall be securely tied or covered during the hauling thereof. No person shall allow refuse to leak, spill, blow off, or drop from any vehicle on any street or road. (Ord. 90-10 § 1, 1990)

8.12.160 Transportation – Vehicle requirements.

All collections by refuse collectors shall be made with vehicles of a design approved by the city manager. All collections shall be made as quietly as possible and the use of any unnecessarily noisy trucks or equipment is unlawful. (Ord. 90-10 § 1, 1990)

8.12.170 Ownership.

All refuse upon being removed from the premises where created, produced, or accumulated shall become and be the property of the refuse collector and upon being deposited in an authorized disposal site shall forthwith become the property of the owner of the site. (Ord. 90-10 § 1, 1990)

8.12.180 Interference with containers prohibited.

No person other than the owner or occupant of premises, an employee of the city, or an employee of the refuse collector shall tamper with or interfere in any manner with any refuse container or the contents thereof. (Ord. 90-10 § 1, 1990)

8.12.190 Interference with collection prohibited.

No person shall by any means hinder, obstruct, or interfere with the removal or transportation of refuse by a refuse collector. (Ord. 90-10 § 1, 1990)

8.12.200 Inspection.

The city manager may inspect or cause to be inspected, at regular intervals, refuse containers as to their fitness for use. (Ord. 90-10 § 1, 1990)

8.12.210 Refusal to collect – Notice.

A refuse collector shall notify the city manager whenever the collector has refused to pick up a container because the container is dilapidated, disintegrated, overloaded, contains dangerous materials, or the container has been tipped over and the contents scattered. A refuse collector shall notify the city manager when he observes any violations of this chapter. (Ord. 90-10 § 1, 1990)

8.12.220 Refusal to collect – Marking.

Whenever a refuse collector gives or intends to give a report to the city manager, he shall place a tag on the container or otherwise give the owner or occupant notice of the substance of his report to the city manager. Whenever an authorized representative of the city observes a violation of this chapter, he shall place a tag on the refuse container or otherwise give the owner or occupant notice of the illegal condition. The tag or other notice shall have a copy of the penalties set forth in this chapter printed upon it and shall inform the owner of the action necessary to correct the illegal condition. The owner or occupant shall, within seven days, correct the illegal condition. (Ord. 90-10 § 1, 1990)

8.12.230 Collector franchise – Required.

No person shall collect, transport, or use refuse in the incorporated area of the city without first receiving a franchise or permit to engage in such activity. (Ord. 90-10 § 1, 1990)

8.12.240 Collector franchise – Granting.

A franchise agreement may be entered into for the collection and disposal of refuse in the city in accordance with and subject to the terms and conditions of this chapter and such terms and conditions as may be imposed by the city council. (Ord. 90-10 § 1, 1990)

8.12.250 Collector franchise – Bid procedure.

Before entering into such agreement, the city may, but shall not be required to, call for bids for a franchise. In the event the council elects to call for bids, the form of proposals and the time and place for receiving bids shall be fixed by resolution of the city council; a notice thereof shall be published one time in a newspaper published or circulated in the city, which notice shall specify the time the agreement is to run. The scheduled rates offered by each bidder shall be based upon classifications as may be designated by resolution of the council and the city council shall have the right to reject all bids. Where bids have been solicited and received and where the council has not elected to reject all bids, the franchise shall be awarded to the lowest qualified bidder. (Ord. 90-10 § 1, 1990)

8.12.260 Collector franchise – Statement required.

Prior to the granting of a franchise, the bidder, if any, or applicant, and on July 1st of each year after the grant, the franchise holder, shall file a statement of ownership, operational capability, and financial support and shall verify the same as being true and correct under penalty of perjury. The statement shall be in such form as may be prescribed therefor by the city manager. (Ord. 90-10 § 1, 1990)

8.12.270 Collector franchise – Exclusivity.

Within the city, the franchise holder shall have the exclusive right to make all collections of refuse; however, as provided by HMC 3.12.290 through 3.12.320, other persons may be issued permits which can be exercised in the city unless such franchise agreement grants exclusivity to the franchisee thereunder. (Ord. 90-10 § 1, 1990)

8.12.280 Collector franchise – Disposal requirements.

The franchise holder shall dispose of all refuse collected as a result of collections required by HMC 8.12.030 at a designated county owned or operated landfill; provided, however, the franchise holder may request and the council may issue a permit for disposal of such refuse as provided by HMC 8.12.140. (Ord. 90-10 § 1, 1990)

8.12.290 Permit – Granting.

The council may grant a permit for collections other than those provided for by HMC 8.12.030 to collect, transport, or use industrial refuse upon application therefor whenever in the opinion of the council the granting of such permit is in the public interest and welfare and the existing franchise agreement does not provide for exclusivity. (Ord. 90-10 § 1, 1990)

8.12.300 Permit – Period.

Such permits may be granted for any period not to exceed one year. Permits may be renewed upon expiration thereof for a similar term; provided, that the council finds that the permit holder is capable of continuing operations in conformity with the provisions of this chapter and the rules and regulations of the council. (Ord. 90-10 § 1, 1990)

8.12.310 Permit – Contents.

Every such permit granted by the council shall be subject to the provisions of this chapter and the rules and regulations of the council. The permit shall state:

A. The name and address of the person to whom the permit is issued;

B. The activity authorized;

C. The area in which the activity is authorized;

D. The term for which the permit is granted;

E. Such other conditions as the council may provide. (Ord. 90-10 § 1, 1990)

8.12.320 Permit – Application.

Applicants for a permit or for the renewal of a permit to collect, transport, or use refuse shall file with the city manager a verified application in writing which shall give the following information:

A. Name and description of the applicant;

B. Permanent home and business address and full local address of the applicant;

C. Trade and firm name;

D. If a joint venture, a partnership, or limited partnership, the names of all partners and their permanent addresses. If a corporation, the names and permanent addresses of all the stockholders and the officers and the percentage of participation of each;

E. A detailed explanation of the manner in which the applicant will conduct the activity for which the permit is requested;

F. The applicant’s arrangements for the disposal of all refuse collected or transported by him at an approved disposal site or his arrangements for other authorized disposal;

G. Facts showing that the applicant is able to render efficient refuse service;

H. That the applicant owns or has under his control in good mechanical condition sufficient equipment to adequately conduct the business for which a permit is requested;

I. That his vehicles and equipment conform to all applicable provisions of this chapter;

J. That the applicant shows to the satisfaction of the council that the issuance of a permit is in the public interest, and there is need for a permit to be issued;

K. Such other facts or information as the council may require. (Ord. 90-10 § 1, 1990)

8.12.330 Charges – Service required.

A franchise holder shall provide refuse removal service to all premises situated with the city. A franchise holder shall not be required to service oversize, overweight, or unsafe containers. A franchise holder shall not be required to continue to provide refuse removal if the owner or occupant has failed to pay the charges for service for a period of 60 days. Prior to terminating service for nonpayment of charges, the franchise holder shall, at least 14 days prior to termination, provide written notice of intention to terminate, a copy of which shall be given to the city manager. (Ord. 90-10 § 1, 1990)

8.12.340 Charges – Amount.

Charges to customers of a franchise holder for refuse removal service shall be determined by the terms of the franchise. A basic charge shall be established by the council, payment of which shall entitle a customer to have the contents of one standard container and garden refuse without limit removed from his premises once a week by a refuse collector. The council may authorize a customer to receive reduced service for a reduced charge and may approve an agreement between the customer and the refuse collector to provide additional service for an additional charge. The charges may be revised by the council from time to time after a public hearing thereon and a determination by the council that a change is in the public interest. (Ord. 90-10 § 1, 1990)

8.12.350 Charges – Determination.

Charges to customers for rubbish removal service provided by the holder of a permit may be set by the council by resolution and may be revised by the council from time to time as it determines to be necessary. (Ord. 90-10 § 1, 1990)

8.12.360 Charges – Uniformity required.

All charges for fees for service by a refuse collector shall be uniform for the same services as fixed and approved by the council. Any customer contending that he has been required to pay an unreasonable charge for any service or has in any manner been subject to an overcharge, may file a written complaint with the council setting forth the facts of such alleged overcharge and the council shall notify the refuse collector of the complaint and shall investigate the matter of the complaint and shall determine the charge. (Ord. 90-10 § 1, 1990)

8.12.370 Fees – Franchise.

To provide for the administration and enforcement of this chapter, the council may require that the holder of a franchise pay to the city a franchise fee based on percentage of gross receipts realized from services required to be furnished by this chapter or other reasonable basis. The amount of the franchise fee shall be one of the terms of the franchise. The franchise fee may be revised by the council from time to time after a public hearing thereon and a determination by the council that a change is in the public interest. (Ord. 90-10 § 1, 1990)

8.12.390 Fees – Industrial permit.

The permit fee for engaging in the business of collecting industrial waste shall be the sum of $100.00 per year, payable on July 1st of each year. In addition to the annual fee, the holder of a permit for engaging in the business of collecting industrial refuse shall pay annually to the city, within 60 days following the close of the fiscal year, an amount equivalent to eight percent of the gross receipts derived from the furnishing of such industrial refuse collection services within the incorporated areas of the city. (Ord. 91-04 § 1, 1991; Ord. 90-10 § 1, 1990)

8.12.400 Fees – Permit.

The permit fee for any other activity involving refuse shall be the sum of $10.00 per year, payable on July 1st of each year. (Ord. 90-10 § 1, 1990)

8.12.410 Fees – Payment.

Fees shall be paid to the city clerk who shall deposit them to the general fund or such other fund as the council may designate. (Ord. 90-10 § 1, 1990)

8.12.420 Bond required.

A franchise holder shall post with the city a cash bond in the sum of $25,000 or a surety bond in the same amount furnished by a corporate surety authorized to do business in the state, payable to the city. The bond shall be conditioned upon the full and faithful performance of his obligations of the applicable provisions of this chapter and the franchise agreement and shall be kept in full force and effect at all times. Permit holders shall file with the council a faithful performance bond or other form of security satisfactory to the council in an amount determined by the council not more than $10,000 nor less than $1,000. (Ord. 90-10 § 1, 1990)

8.12.430 Insurance required.

A. No franchise shall be issued under the provisions of this chapter, nor shall any franchise be valid after issuance unless there is at all times in force and effect to provide protection against liability for damages which may be imposed for the negligence of the franchise holder or his employees or agents a liability insurance policy or policies approved by the city and issued by an insurance company licensed to do business in the state.

B. Such policy or policies shall provide protection against liability of the franchise holder for the payment of damages in amounts, at least, as follows:

1. One million dollars on account of bodily injuries to or death of one person;

2. One million dollars covering total liability of the franchise holder on account of bodily injuries to or death of more than one person as a result of any one accident;

3. Five hundred thousand dollars for one accident resulting in damage or destruction of property, whether the property of one or more than one claimant.

C. A liability insurance policy required by this section shall insure to the benefit of any persons who are injured or sustain damage to property proximately caused by the negligence of the franchise holder insured by the policy, his employees or agents.

D. Satisfactory evidence that the liability insurance required by this section is at all times in full force and effect shall be furnished the council by the franchise holder.

E. The policy of insurance shall contain certain provisions against cancellation except upon 10 days’ prior written notice thereof to the city.

F. The permit holder shall comply with the provisions of this section; provided, however, that the council may authorize lesser amounts of insurance coverage as its deems appropriate. (Ord. 90-10 § 1, 1990)

8.12.440 Transferability of franchise or permit.

No franchise or permit granted pursuant to the provisions of this chapter and no ownership interest in any franchise or permit holder shall be sold, transferred, leased, assigned, mortgaged, pledged, hypothecated, or otherwise encumbered or disposed of in whole or in part, directly or indirectly, whether voluntarily or by operation of law or through any stock transfer, transfer in trust, change in control, consolidation or merger, without the prior written consent of the council. The council may grant or deny such a request and may impose conditions as it may deem to be in the public interest. Any disposition made without consent shall constitute good cause for revocation of the affected franchise or permit. (Ord. 90-10 § 1, 1990)

8.12.450 Revocation of franchise.

In the event of suspension or revocation of a franchise, the city shall have the right forthwith to take possession of all trucks and other equipment of the franchise holder for the purpose of collecting and disposing of refuse and performing all other duties which the franchise holder is obligated to perform. The city shall have the right to retain possession of such trucks and equipment until other suitable trucks and equipment can be purchased or otherwise acquired by the city for such purpose. The city shall pay the franchise holder a reasonable rental for the use of such trucks and equipment. (Ord. 90-10 § 1, 1990)

8.12.460 Employee requirements.

The city may, at its option, require photographing and fingerprinting of applicants for a franchise or permit and of the employees of the franchise holder or permit holder. (Ord. 90-10 § 1, 1990)

8.12.470 Interruption of service – Labor dispute.

In the event the refuse collection of a franchise holder is interrupted by a labor dispute and scheduled collections are discontinued for more than 72 hours, the city shall have the right to forthwith take temporary possession of all facilities and equipment of the franchise holder for the purpose of continuing the service which the franchise holder has agreed to provide in order to preserve and protect the public health and safety. The city has the right to retain possession of such facilities and equipment and to render the required services until the franchise holder can demonstrate to the satisfaction of the city that required services can be resumed by the franchise holder; provided, however, that the temporary assumption of the franchise holder’s obligations under the franchise shall not be continued by the city for more than 120 days from the date such operations were undertaken. Should the franchise holder fail to demonstrate to the satisfaction of the city that required services can be resumed by the franchise holder prior to the expiration of the 120 days, the rights and privileges granted to the franchise holder may be forfeited and the franchise may be revoked. (Ord. 90-10 § 1, 1990)

8.12.480 Interruption of service – City responsibility.

During any period in which the city has temporarily assumed the obligation of the franchise holder under HMC 8.12.470 through 8.12.490, the city shall be entitled to the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses, including a reasonable rental for use of trucks and equipment, applicable or allocable to the period. The excess, if any, of revenue over applicable or allocable costs and expenses during such period shall be deposited in the treasury of the city to the credit of the general fund. Final adjustment and allocation of gross revenue, costs, and expenses to the period during which the city temporarily assumed the obligations of the franchise holder shall be determined by an audit by a certified public accountant or licensed public accountant and prepared in report form with his opinion annexed thereto. (Ord. 90-10 § 1, 1990)

8.12.490 Interruption of service – Employee use.

Employees of the franchise holder may be employed by the city during any period in which the city temporarily assumes the obligations of the franchise holder under this chapter; provided, however, that the rate of compensation to be paid such employees, or any other employees, shall be the rate or rates in effect at the time the franchise holder’s service was interrupted by the labor dispute and the terms and conditions of employment shall be the same as provided by the franchise holder. (Ord. 90-10 § 1, 1990)

8.12.500 Recordkeeping.

Each person granted a franchise or permit under the provisions of this chapter shall maintain detailed records of all receipts and expenditures received or incurred in the operations of such business, including all fees collected for services rendered. The city, its officers and employees shall be entitled to inspect, audit, and copy such books and records upon reasonable notice during normal business hours. (Ord. 90-10 § 1, 1990)

8.12.510 Audit required.

A franchise holder shall annually provide the city with a copy of an audit within 60 days after the close of the holder’s fiscal year. The audit shall be prepared by a certified public accountant or licensed public accountant who has annexed his opinion thereto. The accountant shall be entirely independent of the franchise holder, shall not be an employee directly or indirectly of the franchise holder, and shall have no financial interest whatsoever in the business of the franchise holder. The city shall specify the form and detail of the annual audit. In the event of failure to provide any such annual audit, the city may employ a qualified accountant or the county auditor to conduct the audit and the franchise holder in such case shall be liable for and shall pay the costs and expenses of the audit. (Ord. 90-10 § 1, 1990)

8.12.520 Vehicles – Requirements.

All refuse collection shall be made with a vehicle and equipment of a design approved by the council. All refuse collections shall be made as quietly as possible and noise abatement shall be a consideration of vehicle and equipment inspections and approval. Vehicles transporting garbage shall be kept clean and sanitary and shall be disinfected immediately after being used. (Ord. 90-10 § 1, 1990)

8.12.530 Vehicles – Cleanliness.

All trucks of a franchise holder shall be clean, sanitary, and well painted. The franchise holder shall have printed or stencilled in a prominent place on the exterior of each vehicle used by him in the collection of refuse the following information in four-inch letters:

Truck # _____________

Refuse Collector (name)

(Ord. 90-10 § 1, 1990)

8.12.540 Vehicles – Inspection.

All vehicles and equipment of a franchise or permit holder shall be inspected at a place designated by the city manager at least once each year. Vehicles and equipment shall conform to the requirements of the California Vehicle Code, this chapter, and rules or regulations of the council. (Ord. 90-10 § 1, 1990)

8.12.550 Vehicles – Equipment required.

The holder of a franchise or permit shall equip each vehicle hauling refuse with a shovel, broom, and fire extinguisher of a type approved by the council. (Ord. 90-10 § 1, 1990)

8.12.560 Name restrictions.

A franchise or permit holder shall not use a firm name containing the words “city” or “Hughson” or other words implying city ownership. The franchise or permit holder shall establish and maintain an office where service may be applied for and complaints made. The office shall be equipped with a listed telephone to which calls from city residents may be placed without payment of a toll charge and shall have a responsible person in charge between the hours of 8:00 a.m. and 5:00 p.m. of each day except Saturdays, Sundays, and holidays. (Ord. 90-10 § 1, 1990)

8.12.570 Service records.

A franchise holder shall supply the city manager with the name of the owner or occupant of each premises served, the address of the property, and with current maps and schedules of collection routes. (Ord. 90-10 § 1, 1990)

8.12.580 Information card.

A franchise holder shall supply every occupant of premises served under his franchise a printed information card stating the amounts of refuse which will be collected, rates, regulations affecting collections, days of collections, and complaint procedures. Such cards shall be provided when service is initiated and be replaced in advance of any changes of collection days, rates, or regulations affecting collections. (Ord. 90-10 § 1, 1990)

8.12.590 Billing.

Refuse collectors may bill a customer and collect service charges in accordance with the rates adopted by the council for refuse removal service. A franchise holder and the city may enter into an agreement whereby the city will bill the customer and pay the refuse collector for services rendered. Such an agreement shall set forth the respective duties and responsibilities of the franchise holder and city regarding the billing and collection of such charges. (Ord. 90-10 § 1, 1990)

8.12.600 Enforcement.

The health officer of the Stanislaus County health department is designated to enforce all health-related violations of this chapter. (Ord. 90-10 § 1, 1990)

8.12.620 Recycling.

The city and the franchise collector may, from time to time, establish programs and regulations to aid in curbside recycling of refuse. Owners and occupants may place recyclable material in containers provided pursuant to such programs, in accordance with regulations promulgated by the franchise collector. The franchise collector may refuse to pick up recyclable containers in which the recyclable material is improperly placed, but shall otherwise collect such recyclable material in accordance with the franchise agreement between the city and the franchise collector, and shall charge therefor at the rates established from time to time by the city council by resolution. (Ord. 01-09 § 7, 2001)