A. Any franchisee not diverting the required percentage, by weight, of the waste materials under its collection shall pay a recycling shortfall penalty for the tonnage shortfall that would be needed for the franchisee to be diverting waste in compliance with section 13.24.310 of this chapter and any resolution adopted by the city council. The tonnage shortfall shall be based on quarterly reports and documented diversion reported by the franchisee, as determined by the city. The amount of the recycling shortfall penalty will be set by resolution of the city council or defined in the franchise agreement.
B. The implementation of the recycling shortfall penalty does not relieve franchisee from the obligation of complying with the diversion requirements of section 13.24.310. Failure to pay any recycling shortfall penalty shall constitute grounds for the immediate suspension of the franchise, without advance notice or hearing, pending compliance by the franchisee with the requirements of this chapter.
C. Franchisees are responsible for reimbursement of costs incurred by the city, including staff time and any other city or consultant services, to perform detailed audits where the city determines that documentation of diversion, as reported by franchisees, is inadequate. Where necessary, the city will retain the services of an independent consultant to verify performance and conduct any necessary diversion audits. (Ord. 2023-0024 § 84; Ord. 2021-0003 § 15)13.24.760