5.8.070: EMERGENCY PROVISION:
In recognition that the public health, safety and welfare may be endangered by any failure of the solid waste collection, transportation and removal system, the city shall have the authority to declare a public emergency, provided collection and transportation shall be interrupted for more than ninety six (96) hours, and shall have the right to enjoin the approved waste management contractor by action of the city council to refrain from further interruption, and to immediately resume continuing solid waste collection service which approved waste management contractor has agreed to provide. The city shall notify the approved waste management contractor and schedule a hearing at least twenty four (24) hours prior to enjoining the approved waste management contractor as provided in this section. Failure to comply with an injunction under this section may result in city contracting with third parties to collect and transport any and all solid waste, and that such waste collection and transportation may, at the city's discretion, occur in containers supplied or owned by contractor and leased to customers. Furthermore, approved waste management contractor may not interfere in any way with solid waste collection by a third party under the emergency provision of this section. Approved waste management contractor shall likewise reimburse the city for all reasonable costs incurred in finding and contracting with a third party to perform solid waste collection, transportation and disposal pursuant to an emergency declared under this section. (Ord. 912, 4-25-2013, eff. 7-1-2013)