The grantee shall be deemed to be in default with respect to the performance of its obligations under its franchise upon the occurrence of any of the following events:
A. The grantee is in violation of the provisions of its franchise, this chapter or any federal or state law or regulation applicable to the operation of the grantee's service in the city and such violation is not corrected within thirty (30) days following receipt of written notice thereof from the city manager specifying such violation or, if more than thirty (30) days are reasonably required to correct such violation, within such additional time as the city manager shall consider reasonably necessary to effect such correction;
B. The grantee has failed to perform according to the specifications and standards included in the ordinance granting the franchise, including, but not limited to, any required standards for the maintenance of collection schedules, hours of collection, vehicle and equipment maintenance and condition, collection of missed collections within a specified time, compost site hours of operation, and maintenance of a business office location with specified hours of operation and procedures for responding to customer complaints.
C. The grantee has engaged in repeated violations of any of its material obligations under its franchise or this chapter or any material federal or state law or regulation applicable to the operation of the grantee's service in the city which, for purposes of this chapter, shall be deemed to exist if the same or similar violation occurs three (3) or more times within any twelve (12) month period. In any such case, the grantee shall not be entitled to notice or a period to correct the third such violation; or
D. The grantee ceases to operate the service in all or substantially all of its service area for a period of seven consecutive days without the prior approval of the city or for any reason within the control of the grantee.
(Ord. 2107 §1, Ord. 2127 §12)