Chapter 30.30
RESIDENTIAL HAULER

Sections:

30.30.010    Franchise required.

30.30.015    Grant of franchise.

30.30.020    Public hearing requirements.

30.30.030    Duty of applicant – Publication expenses.

30.30.040    Resolution of intention to grant franchise – Notice of hearing – Publication of notice – Time for hearing.

30.30.050    Public hearing requirements – Protests – Considerations – Grant of contract.

30.30.060    Duty to maintain books.

30.30.070    Violation by grantee – Liability for damages to the City – Liability for operating without a contract.

30.30.080    Recyclable material – Deposit and collection.

30.30.090    Exceptions to grant of franchise.

30.30.010 Franchise required.

No person or entity shall engage in the business of collecting, transporting, or disposing of any refuse kept or accumulated in the City unless authorized to do so under and by virtue of a contract with the City. The City may in its discretion enter into a contract with any person or entity thereby authorizing such person or entity to engage in the business of collecting, transporting, and disposing of refuse produced, kept, or accumulated in the City. Each and every such contract shall describe the terms, conditions, restrictions, and limitations as may be deemed necessary or convenient for the preservation, protection, or enhancement of the public peace, health, safety, and general welfare; provided, that no contract shall be granted without reserving to the City adequate compensation for the privilege conferred. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.015 Grant of franchise.

The procedure to obtain a contract granting a franchise under this chapter shall be as follows:

A.  Any person desiring an amendment to an existing franchise contract solely for a change in the collection rates contained therein and pursuant to the terms and conditions of said contract shall obtain such amendment by following the procedures as set forth in that contract. The City shall consider such an amendment pursuant to the terms of the contract. No public hearing shall be required unless expressly provided for in such contract and the procedures included in this chapter shall be inapplicable to the extent inconsistent with the contract.

B.  Any person desiring to obtain a contract or an amendment to an existing contract, except as set forth in subsection (A) of this section, shall apply for a contract, which includes an amended contract, for the purpose of providing certain services that the applicant seeks permission from the City to supply, relating to collecting, transporting, or disposing of garbage, refuse, or rubbish in the City. The applicant shall apply by filing with the City an application to provide such services.

Such application shall include the following:

1.  The name and address of the applicant as well as the principal officers and directors of the applicant if the applicant is not a natural person;

2.  The service that the applicant proposes to provide, the cost of such service, and the terms and conditions of such service;

3.  The term for which the applicant desires to engage in business;

4.  The compensation to be paid by the applicant for the privilege conferred by the contract;

5.  An assurance satisfactory to the City Manager that the services proposed do not conflict with the operative provisions of any existing exclusive franchise contract; and

6. Any other information required by the City Manager to evaluate the applicant’s qualifications, experience, and financial ability to provide such service. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.020 Public hearing requirements.

A. Upon receipt of an application by the City Council, the City Council must notice and provide a public hearing whenever it finds that the application for a refuse contract is completed to its satisfaction, except under the following conditions:

1. The City Council determines that the application cannot be approved as applied for without conflict with the operative provisions of an existing exclusive franchise contract; or

2. The applicant does not advance fees required.

B. If the City Council is not mandated to notice and provide a hearing under subsection (A) of this section, the application shall be deemed rejected and no contract shall be awarded on the basis of such application. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.030 Duty of applicant – Publication expenses.

Applicant for a contract shall pay to the City a fee in the form of a sum of money sufficient to reimburse the City for all expenses in connection with the processing of the application, including publication expenses. Said fee shall be set by resolution of the City Council. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.040 Resolution of intention to grant franchise – Notice of hearing – Publication of notice – Time for hearing.

A. When a public hearing is mandated pursuant to this section, the City Council shall pass a resolution of intention to grant a franchise, which:

1. States the character of the proposed contract;

2. Sets forth a notice of the day, hour, and place when and where all persons having an interest in granting the contract may appear before the City Council and be heard thereon; and

3. Directs the City Clerk to publish the notice at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation within the City.

B. Time fixed for the hearing shall be not less than twenty (20) days or more than sixty (60) days after the date of passage of the resolution. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.050 Public hearing requirements – Protests – Considerations – Grant of contract.

A. At the time set for the public hearing for consideration of a pending application for a refuse contract, if such a hearing is required under this chapter, the City Council shall:

1.  Consider the applicant’s ability to carry out the service proposed to be provided by the contract, the financial and business experience and standing of the applicant, and any other pertinent factors, including the public interest served; and

2.  Hear the application and the comments of interested persons.

B. The City Council may adjourn the public hearing from time to time at the City Council’s discretion.

C. Following the conclusion of the hearing, the City Council shall decide if the contract shall be granted.

D. Henceforth, a person’s acceptance of a franchise by entering into a contract with the City under the provisions of this chapter shall operate as an abandonment of all of that person’s pre-existing franchises, rights, and privileges in lieu of which the contract is granted, except as expressly provided in such contract.

E. If the City Council’s proffered contract is not accepted by the applicant by execution within ten (10) days of the City Council’s decision to enter into the contract to grant the franchise, the City Council’s offer is revoked and the application is denied. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.060 Duty to maintain books.

Any person holding the privilege granted by a contract pursuant to this chapter shall keep and maintain such books and records as may be required by the City Council as part of said contract. The City shall have free access and the right at any time to inspect and audit any books and records required to be maintained by the person holding the privilege granted under this chapter and for a period of three (3) years following the expiration or termination of the franchise, whichever occurs first. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.070 Violation by grantee – Liability for damages to the City – Liability for operating without a contract.

A. The grantee of a contract under this chapter shall be liable to the City for all damages proximately caused or resulting from the failure of the grantee to faithfully observe and perform any provisions of such contract and/or any provision of this chapter. If legal proceedings are necessary to enforce the provisions of the contract against any grantee of said contract, said grantee shall be liable for the value of the services of attorneys and of other personnel as well as the expenses of the City that are necessary to gain compliance.

B. Any person providing services consisting of collecting, transporting, or disposing of refuse in the City without the benefit of a duly executed contract with the City shall be subject to criminal prosecution for violation of this chapter and shall be liable to the City for the value of the services of attorneys, other personnel, and expense of the City. Such person shall also be liable for the fees the City would have been entitled to if said person had been the duly authorized collector under contract with the City. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.080 Recyclable material – Deposit and collection.

A. Recyclable material set out for collection at residential properties or other classes of properties (subject to the right of any collector under such collector’s contract with the City) that may be so designated by the City Council shall become the property of the City, the City’s authorized recyclable materials collector, or a person expressly authorized by the owner or occupant of the properties served, and only these persons shall have the exclusive right to said recyclable material.

B. Various properties and facilities may be approved from time to time by the City in accordance with the rules and regulations as authorized locations for the deposit of recyclable materials. [Ord. 10-2010 §4, eff. 6-25-2010]

30.30.090 Exceptions to grant of franchise.

A. The rights and privileges granted in the residential franchise agreement to the franchised hauler shall in no way prevent or restrict the City or other parties from doing the following:

1. Owners and occupants of residential premises may self-haul or remove any type of solid waste in their own vehicles.

2. A person who generates solid waste at a residential premises as an incident of that person’s primary service and who does not separately itemize the removal costs as a refuse hauling service may haul the incidental solid waste from that premises. Examples include, but are not limited to:

a. Hired construction contractors or subcontractors hauling solid waste, such as construction and demolition debris they generate in the course of providing construction or demolition services at the residence, but not any debris generated by the resident;

b. Hired gardeners hauling green waste they generate in the course of providing gardening services;

c. Retail businesses hauling furnishings from the residence following the delivery of comparable new merchandise.

3. The owner or occupant of a residential premises may sell or donate solid waste to another person.

4. The owner or occupant of a residential premises may discard solid waste, including bulky waste when emptying a house for an estate sale or cleaning out a garage, in bins, roll-off containers or any container other than carts when he or she subscribes to roll-off service.

5. A business located in a residential premises may subscribe to commercial service in dumpsters.

6. Private parties may donate or sell recyclable or salvageable materials, other than food waste, that has been generated and segregated by such parties from other materials to any party of their choice; provided, that such sale or donation is a true sale or donation.

7. Other permitted entities may haul and dispose of septic tank, sand trap and grease trap contents.

8. The City’s street cleaning service may provide the collection of refuse in connection with its service.

9. Any other service that is not specified in this chapter that normally would be considered to fall within the franchised hauler’s services, and that the contractor explicitly waives its right to provide, may also be provided with written notice to the City.

10. The provisions of this chapter shall not preclude or prohibit the City, utilizing its own forces, or any officer or employer thereof, from collecting, removing, and disposing of solid waste or green waste from the City’s facilities, or preclude or prohibit the State, utilizing its own forces, from collecting, removing, and disposing of solid waste or green waste from the State’s facilities respectively. [Ord. 10-2010 §4, eff. 6-25-2010]