(a) The director may suspend the operation of a solid waste collection service doing business under a franchise granted under this article if:
(1) the franchisee fails or refuses to comply with any provision of the franchise ordinance, this article, or any other city ordinance or state or federal law applicable to the collection or disposal of solid waste material;
(2) the franchisee fails or refuses to make a franchise fee payment required by this article or the franchise ordinance at the time it was due; or
(3) the solid waste collection operation creates a public nuisance or a serious public health or safety hazard.
(b) The director shall provide at least 24 hours written notice to the franchisee of any suspension and include in the notice the reason for the suspension, the date the suspension takes effect, the duration of the suspension, and a statement informing the franchisee of the right to appeal the suspension. The suspension must be for a definite period of time not to exceed 60 days.
(c) A suspension by the director is final unless, within 20 days after the receipt of written notice of the director’s action, the franchisee files a written appeal with the city manager. The city manager shall, within 15 days after the appeal is filed, consider all the evidence in support of and against the action appealed and render a decision either sustaining, reversing, or modifying the action. The decision of the city manager is final. The filing of an appeal under this subsection stays an action of the director until a final decision is made by the city manager, unless the director determines that continued operation of the solid waste collection service constitutes an imminent and serious threat to the public health and safety.
(d) In addition to terminating a solid waste collection franchise on the grounds set forth in the franchise ordinance, the city council, on the recommendation of the director, may revoke a franchise, assess a civil penalty, or both, if the franchisee:
(1) fails or refuses to comply with any provision of the franchise ordinance, this article, or any other city ordinance or state or federal law applicable to the collection, transportation, processing, or disposal of solid waste material;
(2) knowingly or intentionally made a false statement or misrepresentation as to a material matter in the franchise application or in the negotiations for the franchise; or
(3) fails or refuses to make a franchise fee payment required by this article or the franchise ordinance at the time it was due.
(e) Before presenting a franchise revocation or civil penalty assessment to the city council under Subsection (d), the director shall notify the franchisee in writing of the proposed action. The notice must include:
(1) the reason for the proposed revocation or civil penalty assessment;
(2) action the franchisee must take to prevent the revocation or civil penalty assessment;
(3) a statement that the franchisee has 10 days to take the action to correct any violation or noncompliance; and
(4) a statement that the franchisee has a right to appear before the city council and contest the proposed revocation or civil penalty assessment.
(f) If, within 10 days after receipt of the notice required in Subsection (e), the franchisee has not taken the action necessary to correct the violation or noncompliance, the director shall present the franchise revocation, civil penalty assessment, or both to the city council and make a recommendation regarding the proposed action. The director shall notify the franchisee in writing of the date the city council will consider the proposed action. The city council may formally revoke the franchise, assess the recommended civil penalty, impose any other penalty or action that the city council in its discretion considers appropriate, or remand the matter to the director for further review and recommendation. The action of the city council is final. The director shall notify the franchisee in writing of the city council’s decision.
(g) Revocation of a solid waste collection franchise constitutes termination of the franchise ordinance and all accompanying rights, privileges, and permissions. Suspension or revocation of a solid waste collection franchise does not waive the city’s right to collect civil penalties imposed under the terms of the franchise ordinance prior to the suspension or revocation. (Ord. Nos. 14219; 17226; 21058; 21163; 26480; 26608)