(a) No person, firm, partnership, association or corporation shall collect or haul for profit any garbage, refuse, junk, paper, trash, rubbish or any substance which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety without first obtaining a permit to be issued by the Safety Director (City Manager), authorizing such collection or hauling in the Municipality on forms approved by the Safety Director (City Manager). The permit shall be valid for twelve months.
(b) No permit shall be issued that conflicts with any franchise granted by the Municipality.
(c) The fee of the permit shall be the sum of two hundred fifty dollars ($250.00) per year for each person, firm, partnership, association or corporation.
(Ord. 1472-90. Passed 9-24-90; Ord. 1603-97. Passed 5-27-97.)
Every application shall contain the following minimum information:
(a) Name, address and telephone number of permit holder;
(b) Number of vehicles to be authorized to transact business in the Municipality;
(c) The number of days and hours the permit holder shall transact business in the Municipality;
(d) A copy of the fees and costs the permit holder shall charge residents, businesses, corporations or associations in the Municipality (amended fees and costs shall also be filed with the Safety Director (City Manager));
(e) Other relevant and pertinent information that the Safety Director (City Manager) deems to be necessary;
(f) Each vehicle used or intended to be used within the Municipality shall clearly display in six inch bold numbers on the doors of the vehicle, the Municipality's permit number; and
(g) Have a valid Mahoning County Health license.
(Ord. 1472-90. Passed 9-24-90.)
(a) When the Safety Director (City Manager) or one or more individuals, residents, corporations, firms, partnerships, associations or customers within the Municipality file a written complaint with the Safety Director (City Manager) alleging that the permit holder has failed to comply with one or more subsections of Section 737.02 the Safety Director (City Manager) shall immediately:
(1) Cause a written citation to be issued to the permit holder's address requesting a detailed explanation of the failure or neglect to comply with Section 737.02
.
(2) If within three days after the citation is mailed, the Safety Director (City Manager) is satisfied that the permit holder has cured the alleged failure or neglect set forth in the citation no further action shall be taken.
(3) In the event the Safety Director (City Manager) finds that the alleged failure or neglect within three days after issuance of such citation has not been cured, or that the permit holder has temporarily or permanently ceased doing business within the Municipality, then in this event, the Safety Director (City Manager) shall cause the permit holder's permit to be cancelled and terminated.
(b) The citation, cancellation and termination notices shall be mailed by certified mail, return receipt requested to the permit holder's address set forth in Section 737.02(a).
(c) The citation, cancellation and termination notices shall be signed by the Safety Director (City Manager) and shall contain a detailed finding of fact and clearly set forth the subsection violation(s) of this chapter resulting in issuance of the citation, termination and cancellation of the permit and notice that the permit holder may appeal the cancellation and termination to Council within fourteen days complying with Section 737.04.
(Ord. 1472-90. Passed 9-24-90.)
(a) Any permit holder may appeal the findings of fact and the termination and cancellation of the permit by the Safety Director (City Manager) as follows:
(1) The permit holder must file a Notice of Appeal to Council within fourteen days after receipt of a copy of the termination and cancellation notice; and
(2) The Notice of Appeal must be in writing and filed with the Clerk of Council and accompanied by an advanced deposit of one hundred twenty- five dollars ($125.00) to cover the costs of the statutory notice of a public meeting, subpoena fees and other administrative costs, including preparation of stenographic transcript. A refund shall be made to the permit holder in the event the deposit was sufficient to cover the costs.
(3) In the event that the fourteenth day falls on a legal holiday, Saturday or Sunday, the next business day shall constitute the fourteenth day.
(b) The Clerk of Council shall schedule an open session hearing on appeal before Council within fourteen days after receipt of the Notice of Appeal. The Notice of Appeal shall not suspend the cancellation and termination of the permit holder. No permit holder shall conduct business in the Municipality for which the permit was issued while the same has been cancelled or terminated by the Safety Director (City Manager).
(1) The permit holder may appear at the hearing and may be represented by his attorney. Council shall hear and receive evidence, testimony and exhibits on the findings of the Safety Director (City Manager) and may take and hear evidence on other issues that they deem relevant, as if on a trial de novo.
(2) The Clerk of Council shall have the power to issue subpoenas and compel the attendance of witnesses and to administer an oath subject to the same contempt penalties of the County Courts as set forth in Ohio R.C. 1913.01 et seq., as amended.
(3) Council members shall be permitted to ask questions of any sworn witness. Failure or refusal of any witness to be sworn in accordance with law shall not constitute evidence.
(4) On appeal, this permit holder shall be permitted to state what the evidence will show and why Council should not uphold the decision of the Safety Director (City Manager). Thereafter, the permit holder shall be required to submit evidence in the form of exhibits and sworn testimony. At the conclusion of the permit holder's case, the Safety Director (City Manager) may present evidence in the form of exhibits and sworn testimony. The Safety Director (City Manager) shall be represented by the City Solicitor. The permit holder and sworn witnesses shall be subject to cross-examination by the City Solicitor.
(5) The permit holder, Safety Director (City Manager) and other sworn witnesses shall be subject to direct, cross and re-direct examination as in any other trial de novo.
(c) At the conclusion of the appeal, Council, in open session, shall render a decision as to either reverse the decision of the Safety Director (City Manager) or sustain the decision of the Safety Director (City Manager). A majority vote of Council in attendance at the trial de novo shall be required to reverse or sustain the Safety Director's (City Manager's) decision. Council may reverse or sustain the decision of the Safety Director (City Manager) based upon the evidence, exhibits and sworn testimony, regardless of whether or not such findings were contained in the Notice of Cancellation and Termination.
(d) Council's decision shall be in writing and signed by a majority of the members in attendance at the appeal hearing. A copy of the decision shall be mailed to the permit holder and his attorney of record. In the event Council's decision is to sustain the Safety Director's (City Manager's) decision, or make a finding to cancel and terminate the permit on other grounds, then in this event, the permit holder shall be afforded a right to an appeal before the Court of Common Pleas, Mahoning County, Ohio, pursuant to Ohio R.C. 2506.01 et seq. No right of an appeal shall exist for the Safety Director (City Manager).
(Ord. 1472-90. Passed 9-24-90.)