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The city council may, following a public hearing, terminate the exclusive franchise issued to any solid waste contractor found by the council to be operating a solid waste collection business in violation of the provisions of this chapter or the solid waste contractor's franchise agreement as may have been authorized by the city, including, but not limited to, the standards adopted pursuant to this chapter.
Notice of such hearing shall be served on such solid waste contractor by certified mail, return receipt requested, addressed to such solid waste contractor at such solid waste contractor's last known address, at least ten days prior to the date set for the hearing. Said notice, in addition to setting forth the time and date of the hearing, shall specify the grounds upon which the council will consider the termination of such solid waste contractor exclusive franchise and shall include a statement of such solid waste contractor's right to appear and be heard at the hearing.
(Ord. 2497 §2)
Upon termination of an exclusive franchise, the following procedure shall be followed:
A. The city shall send a registered letter to the solid waste contractor containing notification of exclusive franchise termination.
B. A solid waste contractor whose exclusive franchise has been terminated shall not collect solid waste, recyclable solid waste, or recyclable organic waste, or otherwise perform the duties and business of a solid waste contractor within the city after a period of 30 days following the date of termination.
C. The solid waste contractor shall notify all of contractor's customers of termination within a period of 15 days following the date of said termination, or the city shall notify said customers at the sole expense of the contractor and recoverable from the performance bond of said solid waste contractor, as provided for within this chapter.
D. The solid waste contractor shall notify the city manager upon the completion of customer notification.
(Ord. 2497 §2)
If the city council, after convening a hearing on the proposed revocation of an exclusive franchise issued to a solid waste contractor pursuant to the provisions of this chapter, determines that such solid waste contractor, although having violated the provisions of this chapter, has nevertheless corrected such violation subsequent to the date the solid waste contractor was served with a notice of such hearing, the city council may, in lieu of terminating the exclusive franchise issued to the solid waste contractor, assess a monetary penalty against the solid waste contractor in the amount of five hundred dollars ($500) or in an amount equal to the costs and expenses incurred by the city for the staff time committed to the preparation for such hearing, whichever amount is greater. All such monetary penalties assessed by the city council shall be due and payable no later than the thirtieth day following the date of such hearing and the failure to pay such sum within such time shall be further grounds for the termination of the exclusive franchise issued to the solid waste contractor against whom such penalty was assessed.
(Ord. 2497 §2)
A. It shall be unlawful for any solid waste contractor to use any truck or other vehicle for the removal or transportation of any solid waste, recyclable solid waste, or recyclable organic waste from any property within the city unless the same conforms to the specifications set forth in this chapter.
B. Collection vehicles must be of the mechanical-compaction type, provided that in the case of an emergency such as mechanical breakdown or other cause beyond the control of the solid waste contractor, the city manager may, upon the request of the solid waste contractor, approve the use of non-mechanical-compaction-type equipment for a limited period of time during such emergency, as determined by the city manager. Enclosed covered-body-type vehicles may be used in the collection of rubbish and/or waste matter only.
C. Contractor shall provide for its collection vehicles to be in full compliance with all then-applicable local, State and Federal clean air requirements, including, but not limited to, the California Air Resources Board Heavy Duty Engine Standards; the Federal EPA's Highway Diesel Fuel Sulfur regulations, and any other applicable air pollution control.
D. Each collection vehicle shall be maintained in a clean and mechanically safe condition.
E. All collection vehicles shall be painted and have the name of the solid waste contractor distinct and unique from all other licensed solid waste contractors in the city. Said names, colors, and size of lettering must first be approved and recorded by the city manager.
F. Each collection vehicle shall be constructed and maintained in such manner that it is watertight and free from odor leakage.
G. Doors and openings to collection vehicle bodies, including top openings, shall be kept closed at all times when said vehicles are not being loaded or unloaded of solid waste, recyclable solid waste, or recyclable organic waste.
H. All collection vehicles shall be of such type and design and shall be operated in such manner so as not to incur any damage to public or private property in their use and operation.
I. Any exclusive franchise granted pursuant to this chapter shall include the right to utilize "drop boxes" for the use by customers for collection of dry rubbish and waste matter (not garbage), provided that:
1. Such boxes shall contain the name of the solid waste contractor owning or otherwise entitled to possession of the box in a conspicuous place on the exterior of the box;
2. Such boxes shall not be dropped or placed on a public sidewalk, street or way, except in that portion of a sidewalk, street or way that may have been temporarily closed during the course of construction of an improvement on an adjoining property by order of the city; and
3. Such boxes shall be so maintained and handled so as not to permit the contents placed therein to fall or be blown therefrom.
(Ord. 2497 §2)
A. Rates for Collection of Solid Waste, Recyclable Solid Waste and Recyclable Organic Waste.
The city council is authorized to establish by resolution the maximum rates or charges that may be charged by solid waste contractors for the collection of solid waste, recyclable solid waste and recyclable organic waste in the city. Such rates or charges for single-family, two-family and multi-family residential, and commercial customers shall include an amount sufficient to adequately compensate solid waste contractors for the collection of solid waste, recyclable solid waste and recyclable organic waste, with the city council having determined that the collection of such rates or charges from such single-family, two-family and multi-family residential, and commercial customers is necessary in order to make a citywide recycling and organic waste programs economically feasible.
B. Schedules of rates.
The current schedules of maximum rates so fixed by the council shall be at all times on file in the office of the city clerk, and a copy shall be available to each solid waste contractor.
(Ord. 2497 §2)
Nothing in this chapter shall be construed to exempt solid waste contractors from any business license tax as set forth in chapter 3.32 of this code which the council may impose for revenue purposes.
(Ord. 2497 §2)
A. The solid waste contractor issued an exclusive franchise shall file with the city manager, and at all times thereafter maintain in full force and effect for the term of the exclusive franchise, at the solid waste contractor's sole expense, a corporate surety bond with a company and in a form to be approved by the city attorney, in the minimum amount of $1,000,000.00, continuous in form and conditioned upon the faithful performance by the solid waste contractor of all the terms and conditions of the franchise agreement and the provisions of this chapter, including the duty to not cause damage to public property; and, further, in the event the solid waste contractor shall fail to comply with any one or more of the provisions of this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including a reasonable allowance for attorney's fees and costs, up to the full amount of the bond, such condition to be a continuing obligation for the duration of such franchise agreement and thereafter until the solid waste contractor has liquidated all of its obligations with the city that may have arisen from the execution of such franchise agreement. The bond shall provide that ten (10) days' prior notice of intention not to renew, cancellation, or material change, be given to the city.
B. The council shall have the authority at any time during the term of the franchise agreement to require the amount of such bond to be increased to a greater sum than the minimum sum herein provided, if, in the exercise of its discretion as determined by resolution, such increase is required for the better protection of the rights and interests of the city. Such additional bond, if so required, shall be furnished and delivered by the solid waste contractor to the city within 30 days from the receipt of a copy of such resolution.
C. Neither the provisions of this section, any bond accepted by the city pursuant thereto, nor any damages recovered by the city thereunder shall be construed to excuse faithful performance by the solid waste contractor, or limit the liability of the contractor under such franchise agreement, or for damages, either to the full amount of the bond or otherwise.
(Ord. 2497 §2)
A. Each solid waste contractor issued an exclusive franchise pursuant to the provisions of this chapter shall maintain in full force and effect public liability insurance obtained from one or more insurance companies licensed to do business in the state of California which has combined single limits of at least ten million dollars ($10,000,000) and provides coverage for any liabilities arising out of the operation of a solid waste collection business within the city, including but not limited to any liabilities arising out of the operation of a vehicle engaged in the collection of solid waste within the city. Such insurance coverage shall be evidenced by a certificate of insurance or such other form of documentation of insurance coverage as may be acceptable to the city manager, executed by an authorized official of the insurer or insurers. In addition to the coverage hereinbefore provided for, such certificate of insurance or other documentation of insurance coverage shall provide that the city, its boards and commissions, and members thereof, its officers, employees and agents are named as additional insureds under the coverage afforded, that the coverage afforded is primary to any other insurance coverage which may be available to the city, and that the insurer or insurers will provide to the city at least thirty (30) days' prior notice of cancellation or material change in coverage.
B. The city manager may, based on an increase in the Consumer Price Index or by reason of the number or types of claims which have or might result from the operations of a particular solid waste contractor within the city, require such solid waste contractor to increase the limits of the public liability insurance coverage required by this section; provided that the city manager shall serve such solid waste contractor with a notice of any required increase in its limits of public liability insurance coverage at least thirty (30) days prior to the date that such insurance must be in effect.
(Ord. 2497 §2)
A. Central Business District. It shall be unlawful for any solid waste contractor to collect any garbage, rubbish or waste matter between the hours of 8:00 a.m. and 7:00 p.m. in the central business district area described as follows: Bounded on the north by Big Chico Creek, on the south by the south line of Fifth Street, on the west by the west line of Salem Street, and on the east by the east line of Wall Street. This restriction is intended to prohibit collections from any and all properties fronting on the aforementioned boundary streets, as well as the area within said boundaries between the hours of 8:00 a.m. and 7:00 p.m.
B. Adjacent to or Within Residential Districts. It shall be unlawful for any solid waste contractor to collect any garbage, rubbish, or waste matter between the hours of 6:00 p.m. and 6:00 a.m., either in or within five hundred feet of any residential district established pursuant to Title 19, entitled "Land Use Regulation," of this code.
C. Commercial District. It shall be unlawful for any solid waste contractor to collect any garbage, rubbish, or waste matter between the hours of 6:00 p.m. and 5:00 a.m., either in or within five hundred feet of any residential district established pursuant to Title 19, entitled "Land Use Regulation," of this code.
D. City Collection Services. It shall be unlawful for any solid waste contractor to collect any garbage, rubbish, or waste matter between the hours of 7:00 p.m. and 6:00 a.m. from city facilities, with the exception of city sponsored events.
(Ord. 2497 §2)