§ 50.31  PERMITS.
   (A)   Permit requirements.  No person shall engage in the business of collection, transporting or processing of solid waste within the city without a permit secured from the City Manager.  A permit shall be issued hereunder only in the event that the city is unable to effectively collect, transport or process solid waste from a particular business or businesses.  In that event, the City Manager shall certify that the city is unable to effectively collect, transport or process the solid waste of a particular business or businesses and state therein the reasons.  A permit shall not be required or any person collecting, transporting or processing of solid waste under contract or employment with the city.
   (B)   Insurance requirements.  No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain within the City Manager evidence of a satisfactory public liability insurance policy including uninsured and underinsured motorists, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than one million dollars ($1,000,000.00) for each person injured or killed, and in the amount of not less than one million dollars ($1,000,000.00) in the event of injury or death of two (2) or more persons in any single accident, and in the amount of not less than five hundred thousand dollars ($500,000.00) for damage to property. Workmen’s compensation and employee’s liability insurance to cover injury or death to any of the employees or workmen in an amount required by the state.  Should any such policy be canceled, the City Manager shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.
   (C)   Permit application.  Each applicant for any such permit shall state in his or her application the following:
      (1)   The nature of the permit desired, as to collect, process or transport solid waste or any combination thereof;
      (2)   Name and address of the applicant and whether a sole proprietorship, corporation, or partnership with disclosure of the ownership interests;
      (3)   The number of employees and solid waste collection vehicles to be operated thereunder;
      (4)   Rates the applicant plans to charge the customer(s);
      (5)   Location or locations of solid waste processing or disposal facilities to be used;
      (6)   The customer name(s) and location(s); and
      (7)   Other such information as required by the City Manager.
   (D)   Permit issuance.  If the application shows that the applicant will collect, transport and process solid waste without hazard to the public health or damage to the environment and in conformity with the laws of this chapter, the City Manager may issue the permit authorized by this chapter.  The permit shall state the specific location or locations from which the permittee may collect solid waste.  The City Manager shall have the authority to limit the number of permits issued or locations to preserve the health, comfort, safety and welfare of the residents, to promote energy conservation, and to provide for collection and disposal consistent with food solid waste management practices.  The permit shall be issued for a period of one (1) year, and each applicant shall pay a fee of two hundred dollars ($200.00).  If modifications can be made to the application regarding service, equipment or mode of operation so as to bring the application within the intent of this chapter, the City Manager shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.  A permit may be amended upon application so to include additional locations.
   (E)   Application denial.  If the applicant does not make the modifications pursuant to the notice in § 50.01 within the time limit specified therein; or if the City Manager has not made the required certification set forth in division (A); or if the application does not clearly show that the collection, processing or transportation of solid waste will not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Manager, in writing, stating the reason for such denial.  Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his or her  application provided that all aspects of the reapplication comply with the provisions of this chapter.  Nothing in this section shall prevent the denial of a permit should the total number of annual permits have already been issued.
   (F)   Annual fee and renewals.  The permit may be renewed upon payment of the fee as required herein if the business has not been modified, the collection vehicles meet the requirements of this chapter, and the renewal is approved by the City Manager.  If modifications have been made, the applicant shall reapply for a permit as set forth in this chapter.  No permits authorized by this chapter shall be transferable from company to company or person to person.  In the event that the City Manager determines that the city has obtained the ability to collect, transport or process the solid waste of the business or businesses specified in any permit, the permit will not be renewed in regard to any business concern which the city can service.
   (G)   Inspections.  In order to insure compliance with the laws of this chapter and rules and regulations authorized herein, the City Manager is authorized to inspect all phases of solid waste management within the city.  No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law.  In all instances were such inspection reveals violation of this chapter, the City Manager shall issue notice for each such violation stating therein the violation or violations found, the corrective measure to be taken, together with the time in which such corrections shall be made.
   (H)   Permit suspension.  In all cases, when the corrective measures have not been taken within the time specified, the City Manager shall suspend or revoke the permit or permits involved in the violations.  However, in those cases where an extension of time will permit correction and there is no public hazard created by the delay, one extension of time not to exceed the original time period may be given.
   (I)   Injunctive relief.  In the event a permit is revoked and the person continues to operate, the City Manager may request the action of a court of law to enjoin the acts and to enforce compliance with this chapter or any rule or regulation promulgated thereunder.
   (J)   Appeal.  Any person who feels aggrieved by any notice of violation or order issued pursuant thereto by the City Manager may, within fifteen (15) days of the act for which redress is sought, appeal directly to the city in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
   (K)   Permit display.  All motor vehicles operating under any permit required by this chapter shall display the number or numbers on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than two (2) inches high. A copy of the permit shall be maintained in the vehicle.  Each permit for processing or disposal facilities shall be prominently displayed at the facility.
(Ord. 0-92-005, passed 2-24-92; Am. Ord. 2007-032, passed 10-9-07)  Penalty, see § 50.99