(A) Generally. All waste resulting from the repair, remodeling or construction of any building, roadway or sidewalk shall be promptly disposed of by the builder/contractor, individually, or by the city collection service. This shall allow the property owner and the builder/contractor to hire an individual, business or company licensed under the licensing provisions of this subchapter for the disposal of the waste, or the city collection service.
(B) License requirement. It shall be unlawful for any business, company or individual to engage in the business or activity of disposing or hauling of waste resulting from the repair, remodeling or construction of any building, roadway or sidewalk without having first secured from the city a license to do so. A property owner or builder/contractor shall secure from the city a permit for the disposal of all waste resulting from the repair, remodeling or construction of any building, roadway or sidewalk.
(C) Term of license. No license issued hereunder shall be for a period longer than one year and all licenses shall expire on December 31 of each year unless revoked sooner.
(D) Non-assignability of license. The license issued by the city may not be assigned or transferred in whole or in part by the hauler unless the City Council, in its sole discretion, gives its approval prior to any proposed assignment or transfer. Any attempt to assign or transfer the license in whole or in part without prior approval of the City Council shall be grounds for termination of a license.
(E) Revocation. A hauler’s or disposer’s license issued hereunder may be terminated by the city for any violation of city ordinances, county ordinances or state or federal laws. The city may also terminate the license for unsatisfactory performance by the hauler or disposer. The licensee shall not be entitled to refund of any license fee upon revocation or voluntary ceasing to carry on the licensed activity.
(F) License application. Any business, company or individual desiring a license to collect all waste resulting from the repair, remodeling or construction of any building, roadway or sidewalk material shall make application for the same to the city upon a form prescribed by the City Council. Applications for renewal of a license shall be received 30 days prior to its expiration. The application shall set forth the following:
(1) The name, current business address or current personal address and telephone number of the applicant;
(2) A description of the kind of service proposed to be rendered in the collection of all waste resulting from the repair, remodeling or construction of any building, roadway or sidewalk;
(3) The place or places to which such waste material is to be hauled;
(4) A list of the equipment which is proposed to be used in such collection (including license plate number, DNR number and DOT number); and
(5) The manner in which said waste is to be disposed of.
(G) Investigation. Upon receipt and review of all required forms, certificates and fees, the application shall be submitted to the City Council for approval. If approved by the City Council, the City Administrator shall issue the license. If the City Council does not approve an application, it shall state in writing its reasons for denial.
(H) License fee. Before any license may be issued, the applicant shall pay to the city a license fee in an amount set by resolution of the City Council adopted from time to time.
(I) Insurance required.
(1) Prior to issuance of a building waste license, the applicant shall furnish a certificate of insurance to be filed with the City Administrator describing a general policy of liability insurance for personal injury and property damage, including products and completed operation coverage, which shall have minimum limits of not less than $100,000 for injuries to or death of one person, and not less than $300,000 for injuries to or death resulting from one accident and not less than $100,000 for property damage.
(2) The insurance policy provided for herein shall, in addition to any other requirement hereof, provide that no cancellation of the insurance contract shall be made for any cause without first having given notice to the city 20 days prior to the proposed date of cancellation of the intention to so cancel.
(3) (a) The notice shall be served upon the City Administrator by certified or registered mail, or by personal service by an agent of the company.
(b) If personal service is made, it shall be made only on the City Administrator individually.
(4) The city reserves the right to immediately revoke a license issued hereunder based upon the cancellation of the insurance contract.
(2002 Code, § 3.62) (Ord. 152, Second Series, effective 1-1-1979; Ord. 74, Third Series, effective 1-10-1983; Ord. 157, Third Series, effective 12-1-1987; Ord. 32, Sixth Series, effective 11-15-2004; Ord. 59, Sixth Series, effective 9-30-2006)