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(a) In accordance with Chapter XI, Section 61 of the Charter, the city shall authorize the issuance of a franchise by contract to a person, firm or corporation designated as the collection contractor after advertising and receiving bids as required by law, for the collection, transportation and disposal of solid waste, recyclable materials and yard waste generated at residential units, municipal facilities and during special events within the city for a period not to exceed five years, subject to the provisions of this chapter.
(b) The franchise shall entitle the holder thereof to be the only collector of solid waste, recyclable materials and yard waste for hire from residential units in the city, unless the collection of solid waste, recyclable materials and yard waste is incidental to the primary service for hire, such as lawn care or remodeling services.
(c) A franchise may be terminated by the city if any franchisee fails to comply with the provisions of this chapter, the contract issuing the franchise, or any other ordinance promulgated by Council.
(Ord. 25-2014, passed 2-24-2014)
The collection contractor shall secure, pay for and maintain until completion of the contract, public liability, general liability, auto liability and property damage insurance as shall protect the collection contractor and the city, as additional insured, from claims for personal injury or property damage which may arise because of the nature of the work or from operations under the contract in accordance with the terms and conditions as provided in the contract.
(Ord. 25-2014, passed 2-24-2014)
The collection contractor shall use covered, leak proof and sanitary collection vehicles with distinctive lettering identifying the collection contractor for the performance of the services to be rendered. The collection contractor shall cause all employees to be equipped with a uniform shirt or jacket identifying employees as employed by the collection contractor. All collection vehicles and other equipment shall have any required permits or registrations and are subject to inspection by the Public Works Director or the Director’s authorized representative to ensure the safe and sanitary condition of such vehicles and equipment.
(Ord. 25-2014, passed 2-24-2014; Ord. 43-2014, passed 4-14-2014)
The collection contractor shall furnish, at least once annually, a performance bond in the amount of 100% of the consideration for performance of one year of the collection, transportation and disposal services, which shall be forfeited to the city for failure to comply with the provisions of this chapter and/or collection agreement. Such bond shall be submitted to the Public Works Director and approved by the Law Director.
(Ord. 25-2014, passed 2-24-2014; Ord. 43-2014, passed 4-14-2014)
(a) Each residential unit shall be provided with a solid waste collection container and a recyclable materials collection container by the collection contractor. Residents may provide their own clearly labeled reusable yard waste collection containers, or use biodegradable yard waste bags for yard waste collection, which shall not exceed 50 pounds. Brush and tree limbs may also be tied in four-foot bundles that do not exceed 50 pounds in weight.
(b) All such containers shall be taken to a single curbside location no earlier than 5:00 p.m. the day before collection, unless because of sanitary, safety or other factors, the Public Works Director by rule or regulation designates that such containers shall be placed at the rear, or elsewhere at a particular residential unit. After collection of solid waste, recyclable materials and yard waste, a resident shall, within 24 hours, return such containers to the garage, rear or other inconspicuous location at the residential unit for storage.
(c) All solid waste and recyclable materials must be completely contained in the collection contractor-provided collection containers (unless a resident has subscribed to unlimited solid waste collection services), except that no less than once per month, bulky items, including but not limited to stoves, water tanks, washing machines, furniture, mattresses, televisions, and non-chlorofluorocarbon gas (CFC or Freon) containing appliances may be placed at the curb for collection. CFC-containing appliances placed for collection must include proper certification of CFC removal attached by a resident.
(d) The above provisions do not apply to the placement of leaves or branches within the public right- of-way for scheduled municipal collection.
(Ord. 25-2014, passed 2-24-2014; Ord. 43-2014, passed 4-14-2014)
(a) The collection contractor shall make at least one regular weekly collection of solid waste and recyclable materials year round, and yard waste from April through November, at each residential unit within the city.
(b) All owners of residential units are required to obtain solid waste, recyclable materials and yard waste collection, transportation and disposal services from the collection contractor, unless such owners can lawfully dispose of solid waste, recyclable materials and yard waste in a commercial or industrial collection container. Owners of residential units shall be permitted to discontinue collection services on a temporary basis while a residential unit is unoccupied because of extended vacations of three months (one quarter) or more, or when the residential unit is vacant, upon notification provided to the collection contractor. Owners of residential units that are unoccupied or vacant shall not be charged for collection services when the contractor has been duly notified. Under no circumstances may an owner of a residential unit contract for residential solid waste, recyclable materials and yard waste collection, transportation and disposal services with any person, firm or corporation except with the collection contractor that has been granted a franchise by the city for residential units.
(Ord. 25-2014, passed 2-24-2014)
(a) The collection contractor shall perform billing and collecting of fees for services, including any service fee which the city requires. The rate per quarter will be that which is established by the collection contractor’s bid, and shall include any additional services that a resident selects and any service fee which the city requires. The bills shall be sent to the owner of the residential unit, as determined from the county tax records, at the address listed in the county tax records.
(b) The collection contractor may discontinue service if an account remains unpaid longer than 45 days after the due date. Prior to discontinuing service, the collection contractor shall cause a “notice of discontinuation of service” to be served, by ordinary mail, on the owner of the residential unit at the address listed in the county tax records. The collection contractor shall provide the city with a copy of the notice.
(c) Should such account remain unpaid after the sixtieth day after its due date, the collection contractor shall cause a “final notice of payment due” to be served by U.S. certified mail, return receipt requested, as established by the county tax records, to the owner of the residential unit who shall, after receipt of such notice, be responsible for any and all financial liabilities incurred to the collection contractor for such account. The collection contractor shall provide the city with a copy of the notice.
(Ord. 25-2014, passed 2-24-2014)
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