(A) The franchisee shall provide service to any customer within the service area of that franchisee upon request, in compliance with Appendix A. However, the franchisee may refuse to provide service or may terminate service to those customers who have failed to make full payment of amounts billed within 45 days of the billing date. The franchisee shall send any refusal to provide service to the customer in written form, stating the reason for the refusal. Any termination of service shall be preceded by a written notice to the customer mailed at least 15 days prior to actual termination of service. The customer may appeal to the city the amount billed as not conforming to Schedule A (see Appendix B). Such appeal shall be considered by the City Council and shall delay termination of service until 20 days after determination by the Council of whether the amount does conform to Schedule A. The findings and decisions of the Council shall be final, subject to judicial review. The franchisee may charge late penalties for non-payment after 30 days from the billing date and may collect a fee for checks returned from a bank or other financial institution for reason of insufficient funds. A schedule of proposed late penalties must be submitted to and receive approval of the City Council before such penalties may be charged by any franchisee. The fee allowed for insufficient fund check returns is contained in Schedule A.
(B) In order to assure adequate service for all customers, the franchisee shall, whenever feasible and practical, provide service in the form requested by the customer where that level of service is contained in Schedule A. However, it is recognized that it will not be practical or feasible for each of the franchisees to provide containers of all sizes listed in Schedule A at all times. It is sufficient that the franchisee provide adequate and practical container sizes considering the nature of the community serviced and considering the importance of increasing the efficiency of service. Whenever it is not feasible or practical to provide the service requested by the customer, the franchisee shall state clearly in writing to the customer the reasons that the service in that form cannot be provided and shall suggest an alternative level of service.
(C) The franchisee agrees, as a condition of this franchise, that whenever the City Council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the City Council may, after a minimum of 24 hours actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment (other than vehicles and trucks) of the franchisee to provide emergency service. If a public hearing is requested by the franchisee, it may be held immediately by the City Council after compliance with the minimum notice requirements for such meetings established by the Oregon Public Meetings Law. The City Council shall return any seized property and business upon abatement of the actual or threatened interception of service, and after payment to the city for any net cost incurred in the operation of the sold waste service.
(Ord. 2007-11-02, passed 11-13-2007; Ord. 2010-04-01, passed 5-13-2010; Am. Ord. 2012-11-01, passed 11-13-2012)