(a) All solid waste collected from residential or commercial/industrial premises for a fee, service charge or other consideration, shall be collected by a solid waste enterprise under the provisions of an exclusive franchise awarded by the city council (franchised collector) subject only to subsection E below.
(b) No person, firm, corporation or solid waste enterprise, other than those referenced in subsection A above, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the city for a fee, service charge or other consideration therefor, except as specifically provided herein.
(c) Except as otherwise provided in this chapter, each residential owner and commercial/industrial business owner shall utilize the services of the franchised collector for the collection of solid waste from the residential or commercial/industrial premises held or occupied by such owner and shall pay for such services the fees approved by the city council. No residential or commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm or corporation other than the franchised collector, except as otherwise provided in this chapter.
(d) Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from the exclusive franchise between the city and the franchised collector.
(e) Notwithstanding the provisions of subsection B above, certain solid waste enterprises that have been authorized by permit or by a nonexclusive franchise agreement to provide solid waste handling services in the city may continue to provide these services to their existing customers until November 19, 1996, or until the rights thereunder are earlier terminated or revoked, or expire pursuant to the provisions of Section 49520 of the Public Resources Code. Such solid waste enterprises are hereinafter referred to as excepted collectors. The exclusive franchise of the franchised collector shall not preclude the owner of a residential or commercial/industrial premises served by an excepted collector from continuing to use the solid waste handling services of that excepted collector until the rights of that excepted collector to operate in the city are terminated or revoked or have expired; provided, however, if the rights of an excepted collector provide services are terminated or revoked for any reason, the business owner shall not use the services of any collector other than the exclusive franchised collector.
(f) Any bin used for storing or transporting salvage or solid waste which is not the property of the solid waste franchisee may be removed from any premises in the city and impounded without the notice to the owner of the bin. Such removal and impoundment may be made by any person or entity designated by the city manager. In the event the bin has contents, they may be held with the bin or disposed of if the city manager (or his designee) determines disposal to be necessary to preserve the public health, safety and welfare. Any such bin shall be held under his direction, subject to the right of the owner thereof to take it upon payment of a sum, as provided in a fee schedule approved by the city manager, for each day said bin is impounded or held to cover the cost of removal, storage and overhead charges. Within two business days after the city has removed and impounded the bin and its contents, if any, the city manager shall mail, postage prepaid, written notice to the owner of the bin, advising the owner that the bin has been removed and is in the possession of the city and that, if said bin is not redeemed by the owner and any applicable charges paid, within thirty (30) days, said bin will be subject to sale at a public auction. The proceeds of any such sale shall be applied to the cost of such sale, and to the cost of removal and holding of such bin and the disposal of its contents, if any, plus twenty-five percent (25%) of such costs for the overhead expenses of the city in causing such sale. Any balance of such proceeds shall be paid upon demand to the person who owns such bin at the time of its removal. In the instance of a deficiency, where the sale price of the bin does not generate sufficient money to pay for the costs of removal, storage, disposal fees, if any, and overhead charges, the city manager shall submit an invoice to the bin owner for payment in an amount equal to the deficiency. The bin may be redeemed by the owner at any time prior to the sale and upon payment of the amounts due and owing pursuant to this section.
(Ord. 824 § 1, 2004: Ord. 671 § 1 (part), 1992)