A. Each franchisee shall submit a diversion plan to the city on an annual basis, no later than December 31st of each year. The diversion plan shall include a detailed description of how the franchisee intends to comply with the diversion requirements set forth in section 13.24.310 and must include: a description of the methods the franchisee intends to use; the facilities the franchisee intends to utilize; and the customer education and outreach efforts the franchisee intends to implement to satisfy its diversion requirements. The city shall establish guidelines, forms, and other appropriate material to assist franchisees in preparing the diversion plan.
B. Within 90 days from the date of receipt of a diversion plan, the city shall determine whether the diversion plan complies with the requirements of this chapter and, based on that determination, shall approve or disapprove the diversion plan. If the city fails to make a determination within such 90-day period, the city shall be deemed to have approved the diversion plan.
C. If the city disapproves a diversion plan, the City shall issue a notice of deficiency to the franchisee that identifies the specific reasons for the deficiency and specific recommendations on how to correct the identified deficiencies. Within 30 days of receipt of the notice of deficiency, the franchisee shall correct the deficiencies and submit a revised diversion plan.
D. If the city determines that the revised diversion plan still fails to meet the requirements of this chapter, the failure to correct the deficiencies constitutes cause for termination or suspension of its franchise pursuant to section 13.24.210.
E. The failure to file a diversion plan constitutes cause for automatic termination, without the ability to file an appeal, of a franchise pursuant to section 13.24.210. (Ord. 2023-0024 § 50; Ord. 2021-0003 § 15)