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A. A franchise is effective when the applicant and the city have signed a written agreement, and the applicant satisfies all of the requirements and conditions set forth in this chapter and the franchise agreement.
B. Prior to performing any services provided under the franchise, franchisee must provide to the solid waste manager, copies of all required certificates of insurance and copies of all required truck inspection forms as enumerated in the franchise agreement and this chapter. Should franchisee fail to maintain required insurance and bonding requirements, uninterrupted for the term of the agreement, the franchise will be automatically suspended.
C. If the franchisee's description of vehicles and equipment, as required under this chapter, changes between the application date and the effective date of the franchise agreement, franchisee must submit to the solid waste manager an amended description, including all identification elements required under this chapter, prior to commencing services authorized in the agreement. (Ord. 2021-0003 § 15)
A franchise granted pursuant to this chapter is not effective unless and until all of the following requirements have been satisfied:
A. The applicant and the city have executed a franchise agreement.
B. The applicant to whom a franchise has been granted has filed with the Risk Management Department, evidence of compliance with the insurance requirements specified in the franchise agreement. (Ord. 2021-0003 § 15)
A. The solid waste manager may terminate any franchise granted pursuant to this chapter if the solid waste manager finds that:
1. The franchisee has failed to comply with, or to do anything required of the franchisee by this chapter or provisions of the franchise agreement; or
2. Any provision of this chapter becomes or is declared to be invalid and the city council expressly finds that such provision constitutes a material consideration to the franchise or continuation of such franchise.
B. Any franchise granted pursuant to this chapter is automatically suspended whenever the franchisee:
1. Fails to keep in full force and effect the insurance required by the franchise agreement;
2. Fails to keep in full force and effect any applicable licenses or permits required by federal, state, or local law; or
3. The franchisee has not conducted any solid waste collection activity for a period of 12 consecutive months.
C. The solid waste manager may suspend any franchise granted under this chapter if the grantee fails to submit timely reports as described in section 13.24.280. The solid waste manager must give 15 days' written notice before suspending the franchise due to failure to submit timely reports. The suspension shall remain in effect for the period specified in the notice unless the suspension is reversed or modified by the solid waste manager.
D. In the event the franchise is terminated, the franchisee shall have no right or authority to engage in commercial solid waste collection, transportation, or disposal operations in the city unless and until a subsequent commercial solid waste collection franchise is granted. Nothing herein requires the city to grant any subsequent franchise to the franchisee.
E. In the event the franchise is suspended, the franchisee has no right or authority to engage in commercial solid waste collection, transportation, or disposal operations in the city during the period of suspension.
F. In the event any franchise is terminated, within the time period specified by the solid waste manager, the franchisee shall:
1. Remove all of the franchisee's, and any subcontractor's, waste material containers from all service locations where services have been provided;
2. Properly dispose of any and all waste materials in the containers at the time of removal; and
3. Pay to the city any and all outstanding fees due or debts, including, but not limited to, franchise fees and delinquent charges.
G. If the franchisee fails to remove any waste material container or to properly dispose of any waste material in any container within the time period specified by the solid waste manager, the city may remove the container or dispose of the waste material and may charge franchisee for the city's costs. The franchisee shall pay to the city all of the costs incurred by the city in such removal or disposal within 10 days of the date of the city's invoice for such costs.
H. Notwithstanding any other provisions of the franchise agreement and section 13.24.230 below, franchisee may relinquish or otherwise terminate its city franchise with 30 days' written notice to the solid waste manager. (Ord. 2021-0003 § 15)
A. Any franchisee may appeal the solid waste manager's decision to terminate or suspend a franchise or deny a franchise renewal by submitting a written appeal to the solid waste manager within 20 calendar days after the decision is communicated to the franchisee.
B. If no appeal is taken within 20 calendar days after the solid waste manager's decision is communicated to the franchisee, the decision of the solid waste manager is final.
C. If an appeal is timely filed, a hearing shall be scheduled and heard pursuant to sections 13.24.140 through 13.24.170. The hearing examiner may affirm the solid waste manager's decision if the hearing examiner finds any of the grounds specified in this chapter have been established by a preponderance of the evidence. The hearing examiner's decision is final. (Ord. 2023-0024 § 43; Ord. 2021-0003 § 15)
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