Upon receiving the application for a License to provide commercial or industrial solid waste management services in the City, the City Manager or his designee shall review the application and make a determination as to whether the License shall be granted or denied, based on the information submitted and set forth in Section 52.16 herein. Additional terms and conditions that will be considered before issuing a License may include:
(A) The City Manager, or his designee, will consider issuing or reissuing a License, only after the applicant/licensee demonstrates that it is capable and qualified to render reliable commercial or industrial solid waste management services and that the public health, safety, and welfare will be substantially served by the issuance or reissuance of the License.
(B) In making the determination required above, the City Manager, or his designee, may consider, among other things, the application, all pertinent information, and whether:
(1) The applicant/licensee has had a civil judgment entered against him within five (5) years of the date of the application in a case involving allegations of misrepresentation, fraud, dishonesty, or price-fixing where the subject matter involved the rendering of refuse collection, transportation, or recycling services.
(2) The applicant/licensee has violated or failed to comply with this Chapter or any sanitation law of this state or any other state.
(3) The applicant/licensee has been delinquent for more than forty-five (45) days in the payment of taxes or fees to the City or to any unit of government having jurisdiction.
(4) The applicant/licensee has filed with the City or any other City, any document which contains information which is false or misleading.
(5) The applicant/licensee is unable to pay debts as they fall due in the regular course of business or is otherwise in such financial condition that he cannot continue in business with safety to his customers or the public.
(C) In case of a partnership, corporation, or any other group or association, it is sufficient cause for denial or revocation of a license if any member of such, or persons or officer or director thereof has performed an act or failed to perform an act, which would be cause for denying or revoking a license of an individual agent for such person.
(D) Licenses issued under this Chapter shall have a term of up to twelve (12) months. Renewal of commercial solid waste licenses will be based on either a calendar year or fiscal year schedule, as determined by the City. The license shall authorize commercial or industrial solid waste management services Citywide, subject to the licensee’s compliance with the terms and conditions of the license, all requirements of this Chapter, and all requirements of county, state, and federal law.
(E) All licensees shall furnish their customers with containers consistent with the license issued under this Chapter as necessary and appropriate to maintain a clean and sanitary condition on the customers’ premises. Such containers shall display conspicuously the business name of the licensee and telephone number and shall be located so as:
(1) Not to interfere with vehicular or pedestrian traffic;
(2) Not to interfere with City-owned containers; and
(3) To conform with all requirements of law.
(F) Licensees shall not remove refuse from any business establishment that is located within five hundred feet (500') of a residence between the hours of seven (7:00) P.M. and six (6:00) A.M. Failure to comply with this Section will result in enforcement action, pursuant to the provisions under this Chapter.
(G) Except as authorized under this Chapter, no licensee shall collect, remove, salvage, transport, or dispose of any refuse or other waste of any kind produced by, kept on, or accumulated within or upon any residence, including single-family dwellings, multifamily dwelling units, duplexes, patio homes, mobile home parks, trailer courts, rooming houses, boardinghouses, apartments, condominiums, townhouses, assisted living facilities, or complexes of any of the foregoing.
(H) All contracts for service executed by a licensee under this Chapter shall contain a clause subjecting the contract to cancellation by the customer in the event the licensee’s License is revoked by the City.
(Ord. 2010-012, passed 6-24-10)