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(A) The Board of County Commissioners may issue exclusive and non-exclusive franchises authorizing persons to collect, transport and dispose of solid wastes and describing the area for which the franchise is issued.
(B) No person may be issued a franchise by the Board of County Commissioners unless he or she holds a license issued by the Division of Waste Management to engage in the business of solid waste collection.
(C) Applications for franchises shall be filed with the Board of County Commissioners through the County Manager, on forms prescribed by the County Manager and shall include a copy of the applicant’s license application to the Division of Waste Management and any other information the County Manager deems pertinent. A valid Certificate of Insurance (COI) must accompany the application with a minimum coverage of $1,000,000.
(D) The Board of County Commissioners may grant a franchise only upon finding that the applicant will render prompt, efficient and continuing service to the area for which the franchise is granted and that the applicant has sufficient equipment and personnel to render service to all persons generating solid wastes within the service area.
(E) The Board of County Commissioners shall determine the area for which a franchise is granted.
(F) The Board of County Commissioners shall set or approve all fees charged by solid waste collectors before granting a franchise. The Board may classify fees according to whether residential, commercial, institutional or industrial customers are served, so that reasonable compensation may be provided in accordance with the public interest. Fee schedules may be amended by the Board from time to time.
(G) A franchise shall be for a term of three years and shall be renewable.
(H) A solid waste collector franchised under this chapter shall present to each prospective customer, in advance of any agreement with that customer, a schedule of his or her fees, as authorized by this chapter, to be charged. All solid wastes shall be removed from the customer’s premises at least once a week; provided, the customer is no more than 30 days in arrears in payment of the required collection fees.
(I) The Board of County Commissioners may grant temporary franchises for the collection, transportation or disposal of solid wastes to provide service in the event of abandonment of an existing franchise or for other cause.
(J) All disputes regarding the granting of a franchise and disagreements concerning franchised areas shall be resolved by the Board.
(K) No franchise shall be assignable.
(L) A solid waste collector granted a franchise under this chapter shall give 60 days’ written notice to the Board of County Commissioners before abandoning the franchise.
(M) The Board of County Commissioners may terminate or suspend all or any portion of a franchise for any of the following reasons:
(1) Loss of the franchisee’s license to operate as a solid waste collector;
(2) Failure of the franchisee to comply with the authorized fee schedules;
(3) Failure of the franchisee to render prompt and effective service as determined by the Board of County Commissioners to persons within his or her service area; or
(4) Failure of the franchisee to comply with any provision of this chapter or applicable regulations of the Division of Waste Management.
(Ord. passed 8-17-2009) Penalty, see § 110.99
Surry County shall take any enforcement actions as prescribed below, if there is probable cause to believe that a person or persons are in violation of this chapter.
(A) A warning citation may be issued at the discretion of the authorized agent assigned to the violation. The warning citation may include orders that direct the violator to correct his, her or its actions within a specified amount of time.
(B) A civil citation may be issued directly to the violator(s) of this chapter, or mailed to the violator by certified mail. If such person does not claim citation by certified mail, a copy may be posted conspicuously at the last known or present address of the violator. A cited violator shall respond to the citation within 72 hours of service or mailed notice acceptance, or within ten days of lawful posting of the citation on the property. The civil citation shall be paid in full to the Surry County Development Services Department on or before the specified date and time described on the citation. The authorized agent may order the violator to remedy the violation in addition to paying the civil citation. If such an order is issued, the violator(s) shall present evidence that such remedy has been or is being executed as ordered and according to any time allowances given in such order, along with the payment of any civil citations issued.
(C) Fines in civil citations under this chapter shall be administered as follows:
(1) First offense: $50;
(2) Second offense: $100; and
(3) Third and sequential citations: $100.
(D) Each day a violation continues shall be deemed a separate and distinct offense, punishable as provided herein.
(E) A civil citation may be issued for violation of this chapter based upon circumstantial evidence recovered by the local ordinance officer.
(F) The civil penalties shall be administered in addition to any and all other penalties that may be imposed by a court of law resulting from actions in violation of this chapter.
(G) A misdemeanor criminal summons may be issued against the violator(s) of this chapter if deemed necessary to remedy the violation in the discretion of one or more of those named in § 110.02 of this chapter.
(H) Any person violating this chapter shall be guilty of a misdemeanor punishable by a fine, community service or both. Each day’s violation shall be treated as a separate offense.
(Ord. passed 8-17-2009; Ord. passed 12-7-2020)