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A. A franchise fee shall be established by resolution of the city council and shall be in addition to any other fees imposed upon an applicant by this code.
B. Each person engaging in the business of collecting, transporting, or disposing of commercial solid waste kept, accumulated, or generated in the city shall pay a franchise fee to the city.
C. Franchise fees are payable on a monthly basis based on information submitted as part of the monthly reporting requirements set forth in this chapter. Each payment shall be calculated in accordance with this chapter.
D. Franchise fees must be submitted to the solid waste manager or designee as set forth in the franchise agreement.
E. A written statement provided by a franchisee is not conclusive of the accuracy of the information contained in the statement and does not preclude the city from collecting the sum that is actually due and payable.
F. Payment of franchise fees are in addition to any other license fee or business tax prescribed by other agencies or jurisdictions for the same period.
G. If franchise fees are not paid by the franchisee at the times required by this chapter, then in addition to the franchise fees, the franchisee shall pay a late payment charge in an amount equal to 10% of the franchise fee that is due plus interest at the rate of 1.5% of the delinquent franchise fee for each month in which the franchise fee was not time-ly paid.
H. Franchise fees are payable on all gross collection revenues collected by a franchisee from its commercial solid waste collection customers located within the city. The franchise fee shall be calculated based on gross collection revenues before a franchisee imposes the franchise fee on its customers. For purposes of this section, gross collection revenues include revenue from the collection of source-separated recyclable material or organic material, if that material was disposed instead of recycled for any reason.
I. The city may require that each franchisee pay a minimum annual franchise fee in an amount set by resolution by the city council. Any franchisee whose total gross collection revenues do not result in a payment of a franchise fee in an amount equal to, or above, the minimum franchise fee set by the city council for that calendar year, may be charged the difference between the franchise fee calculated on its annual gross revenues and the minimum franchise fee. (Ord. 2023-0024 § 35; Ord. 2021-0003 § 15)
A. The following fees are established and imposed:
1. Franchise application fee;
2. Franchise appeal fee;
3. Abandoned container fee;
4. Self-haul application fee;
5. Self-haul appeal fee;
6. Administrative enforcement order appeal fee;
7. Re-inspection fee;
8. Late reporting fee; and
9. Inaccurate reporting fee.
B. The city council shall establish by resolution the amounts of the fees specified in subsection A, and any related penalties. (Ord. 2023-0024 § 36)
Except as authorized by sections 13.24.060 and 13.24.080, no person shall engage in the business of collecting, removing, or transporting commercial waste material, including putrescible organic material, or otherwise organizing, directing, sponsoring, or causing the collection, removal, or transportation of commercial waste material within the city without possessing a valid franchise granted by the city. Brokering any of the services identified in this chapter is lawful if the services brokered are with a franchised waste hauler who possesses a valid city franchise. (Ord. 2023-0024 § 37; Ord. 2021-0003 § 15)
No person may engage in the business of collecting, transporting, or disposing commercial waste material, accumulated or generated in the city, or to engage in the business of soliciting accounts or invoicing customers for commercial waste material service in the city unless:
A. The person has been granted a franchise, had entered into a franchise agreement with the city, and has paid the franchise fee established in section 13.24.040; or
B. The commercial waste material is generated and hauled by the same person. (Ord. 2021-0003 § 15)
A. Except as authorized by section 13.24.060.B, businesses, schools and public agencies, non-residential properties, multifamily properties, the party contracting for waste material removal service, owners, or generators of commercial waste material, may not hire, select, or contract with a person who does not hold a current and valid commercial solid waste collection franchise issued by the city to collect commercial solid waste. An owner or customer must subscribe to a level of solid waste, recyclable material, and organic material collection service, both container capacity and frequency of collection, that:
1. Complies with the minimum levels of solid waste, recycling, and organic waste services as set forth in this chapter.
2. Adequately meets the waste generation needs, as determined by the solid waste manager.
B. If the solid waste manager determines that it is in the best interest of the city to allow or require a residential or residential mixed-use property that receive residential collection services from the city to contract for collection services from a franchised waste hauler in addition to or in lieu of services provided by the city, the solid waste manager shall provide the property owner with a written determination that includes a requirement to comply with subsection A.
C. The party contracting for solid waste service is responsible for compliance with recycling and organic waste collection requirements. The party contracting for solid waste service may not assign the requirement to subscribe to the appropriate level of recycling and organic waste collection to another business, school, public agency, non-residential property, or multifamily property, including a tenant. (Ord. 2023-0024 § 38; Ord. 2021-0003 § 15)
The following persons are authorized to collect or transport solid waste, including commercial solid waste, within the city without a franchise:
A. The United States, State of California, the city of Sacramento, the County of Sacramento, a special district, or other local public agency, the Armed Forces, when collecting or transporting solid waste produced by operation of the public agency under a system of solid waste collection and transportation operated and maintained by the public agency;
B. The owner, operator, occupant, or employee of a farm or ranch consisting of five acres or more, when transporting for off-site disposal solid waste accumulated as a result of operation of the farm or ranch;
C. An owner or occupant of a residential unit, when collecting or transporting rubbish, not containing garbage, from his or her residential premises to a lawful point of disposal;
D. A person or employee, when collecting or transporting dead animals, bones, meat scraps, or food waste resulting from food processing plants for tallow or fertilizer, or other waste material to be used as raw material in manufacturing, or solid waste that is collected without charging a fee to the customer for purposes of salvage, provided that such persons shall reuse or recycle or cause to be reused or recycled all materials collected, and shall not transport or arrange for the transport of any collected materials to a disposal site;
E. An operator or employee of one or more industrial plants which are under single ownership, when collecting or transporting wastes which cannot be handled by standard solid waste collection equipment or which involve significant health, operating or handling hazards, including but not limited to, rice hulls, tomato pulp, chemical residues, explosives, and other toxic, noxious, or hazardous substances, provided that all such wastes shall be deposited at an appropriate disposal area permitted pursuant to California State Solid or Hazardous Waste Management Standards;
F. Any person collecting or transporting hazardous waste, medical waste, and designated waste, as defined in law, regardless of its source;
G. Any person collecting or transporting by-products of sewage treatment, including sludge, sludge ash, grit, and screenings;
H. Any person collecting or transporting residue or non-processible waste from a solid waste management facility, including material recovery, composting, and transformation facilities; or
I. Municipal corporations and other governmental agencies using their own vehicles engaged in the collection, transportation, or disposal of solid waste within the city. (Ord. 2021-0003 § 15)
A. The city council may grant to an applicant a non-exclusive franchise to engage in the business of collecting, transporting, or disposing of waste material kept, accumulated, or generated in the city.
B. The city council may grant a franchise to an applicant based on compliance with this chapter. Any grant of a franchise is subject to such terms, conditions, rules, regulations, restrictions, and limitations, as deemed necessary to protect the public health, safety, or welfare.
C. The city manager may administer and negotiate non-substantive changes to the franchise agreements. The city council may delegate authority to the city manager to administer, negotiate, and execute franchise agreements.
D. In order to avoid delays in the franchise approval process, the city manager may execute provisional franchise agreements with franchise applicants pending council consideration of a franchise authorization, should such an action be deemed necessary by the city manager. No provisional franchise agreement shall be for a term longer than 90 days. (Ord. 2021-0003 § 15)
A. All franchises granted to persons pursuant to this chapter are nonexclusive to allow franchisees to compete with each other for commercial solid waste, recycling, or organic service accounts. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this chapter is deemed to require granting any franchise if it is determined that the grant of any such franchise does not serve the public interest.
B. All franchises are subject to the terms and conditions specified in this chapter and in the franchise agreement, and to all applicable federal, state, and local statutes, ordinances, rules, and regulations.
C. In granting any franchise, the solid waste manager may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the solid waste manager are in the public interest.
D. Each franchisee shall:
1. Provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment;
2. Utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service; and
3. Provide preventive maintenance and repair of such equipment sufficient to ensure reliability. (Ord. 2023-0024 § 39; Ord. 2021-0003 § 15)
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