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(a) License Required. No person, firm or corporation shall remove from any commercial establishment the waste of another, in whatever quantity, or transport the same along or over any public street or alley, without first obtaining and having a valid license therefor from the City.
(Ord. 147-96. Passed 12-16-96.)
(Ord. 147-96. Passed 12-16-96.)
(b) Vehicles. All vehicles used for the collection and hauling of garbage, refuse, rubbish, or other waste within the City limits shall be kept in a reasonably clean and sanitary condition at all times and so constructed as to prevent the leakage or scattering of the material being hauled; further, such vehicles shall at all times be subject to inspection by the City Manager/designee. If in the City Manager's judgment a vehicle is found to be defective or unfit for use, said Manager is empowered to prevent the use of the same for hauling until put in proper condition to comply with the terms of this section.
(c) License Issuance. The City Manager is authorized to issue a license to persons, firms, partnerships, or corporations of commercial collections of garbage, refuse, rubbish, yard waste, solid waste, hazardous waste, or other waste that is collected within the City corporation limits upon compliance with the requirements set forth in this section.
(d) Term of License. All current and future licenses for commercial hauling shall expire on December 31 after passage of this section and each December 31 thereafter. Licenses issued that are to be effective after January 1 shall be prorated. Licenses may be renewed each year (if not denied or under cancellation) by filing proper application with the City Manager and by making payment of the renewal fee as prescribed. The licenses required herein shall not be transferable. No fee will be reimbursed by the City if the subject of the license is later canceled.
(e) Applications. Every owner or other person, firm, partnership, corporation, or other entity desiring to obtain a license shall file an application with the City Manager upon a form to be prescribed by the Manager and kept on file by the City Finance Director, prior to the receiving of any such license, which application shall state among other things:
(1) The name and address and date of birth of the applicant;
(2) The location where the business is to be operated;
(3) The name of the owner or owners and of the business conducted;
(4) Whether or not the applicant or the owner(s) have been convicted of any felony crime, Federal or State EPA violation within the last ten years prior to the date of application;
(5) Whether or not the applicant or the owner(s) have all other licenses or permits as may be required by Ohio and Federal law to operate.
(f) Denial. The City Manager is authorized and empowered to deny or cancel for any reasonable cause, licenses as specified in this section or applications for such licenses. The lack of such qualification on the part of the applicant or holder shall be deemed grounds for denial or cancellation of such license by the City Manager.
(g) Notice of Denial or Cancellation. Written notice stating the grounds for denial or cancellation shall be given to the applicant or license holder in person or by certified mail immediately upon such denial or cancellation. If certified mail is not accepted, then such notice shall be by regular U.S. mail to the last known address of applicant or holder of the license as stated on the applicant’s registration form.
(h) Appeal. The City Manager may deny or cancel any license issued or requested to be issued pursuant to this section for the direct or indirect violation of any of the provisions hereof or for any direct or indirect violation of any other local, State, or Federal law relating to the activities or operation of haulers of garbage, refuse, rubbish or waste or failing to have valid other licenses or permits as may be required by the State or Federal government. In the event that the City Manager denies or cancels any license, or when the license holder receives an administrative fine, the applicant or holder of such license may within thirty days of notice of such denial or cancellation or upon receiving the administrative fine, appeal such denial or cancellation or fine to the Water, Sewer, Refuse, Recycling and Litter Committee of Council by filing written notice of appeal with the City Finance Director, along with a thirty-five dollar ($35.00) filing fee; such appeal shall clearly state the grounds for the appeal. A hearing will be held by the Committee within thirty days and the Committee's decision shall be a final order. The filing of an appeal shall stay any administrative order; however, any subsequent appeal beyond the above mentioned Committee shall not stay any administrative order.
(i) Insurance. All applicants for the City's Licenses for hauling garbage, refuse, rubbish or other type waste and holders of such license must provide (at the time of application) and maintain with the City a certificate of insurance with proof of liability insurance in the following amounts:
(1) Automobile liability: One million dollars ($1,000,000) bodily injury and property damage combined single limit, including hired-non-owned automobile coverage.
(2) Commercial general liability: coverage on an occurrence basis - one million dollars ($1,000,000) with general products - completed operations aggregate of one million dollars ($1,000,000).
(3) Excess liability (umbrella coverage): One million dollars ($1,000,000) each occurrence, one million dollars ($1,000,000) aggregate.
(Ord. 23-98. Passed 3-16-98.)
(j) Surety Bond. Any holder of a license under this section, shall file with the City Manager a surety bond equivalent to or a cash sum of ten thousand dollars ($10,000) running to the City to be used by the City for clean up efforts as a result of any garbage, refuse, rubbish, or other waste being leaked, shifted, blown away, or otherwise escaping as a result of collection or disposal efforts by the hauler onto public or private property; or to be used for the payment of any assessed but unpaid fines. Any amounts deducted from the bond or check is subject to the appeal process found in this section, except that the topic will be related to the clean up fee as being due and reasonable. Any interest accrued as a result of the posting of cash shall be the property of the City to set-off expenses related to regulation of waste.
(k) Applicant and Vehicle Compliance. No license shall be issued or remain valid under this section to any applicant or licensee unless the City Manager has found that:
(1) Such applicant or licensee has vehicle(s) which are equipped for collection of garbage, refuse, rubbish or other waste and must be all metal, watertight, packer-type bodies or roll-off that are designed and manufactured for sanitary collection of such wastes; further,
(2) Such applicant or licensee must be and remain in conformance with local, State and Federal law as it relates to the collection and hauling of waste; also
(3) Such applicant or licensee must be and remain properly licensed and insured as may be otherwise required by law.
(l) Fee. The initial application/license fee shall be one hundred dollars ($100.00) and one hundred dollars ($100.00) for each consecutive renewal. Said amount includes both the application and license fee, nonrefundable if the application or license is denied or canceled. Renewals due to cancellation shall be the same fee as original applications/license fees.
(Ord. 60-96. Passed 6-3-96.)