An Exclusive or Limited Franchise may be revoked at the option of the City Council, per the terms of the Franchise Agreement. A Permit may be revoked at the option of the City Manager or designee if he/she determines that the Permittee has not complied with either the provisions of this Chapter, State statute on solid waste collection, the terms of the Permit, or the City's rules and regulations.
Unless otherwise specifically stated in the Franchise Agreement, non-compliance shall be handled as follows:
The City Manager or designee shall issue a written notice of noncompliance to Contractor or Permittee specifying the nature of Contractor or Permittee's noncompliance and require compliance within 30 days. If the City Manager or designee finds that, for health and safety reasons, compliance cannot be delayed for 30 days, the City Manager or designee shall order that the Contractor or Permittee shall immediately commence and diligently pursue correction. If said noncompliance is not corrected within said 30 day period, or if Contractor fails to immediately commence and diligently pursue correction as directed, as the case may be, then the Contractor or Permittee shall be given a minimum of five (5) days written notice of a hearing before the City Manager or designee, at which time the City Manager or designee shall make findings, and by written decision, either take no action, revoke or add conditions to Contractor or Permittee's Franchise or Permit. Should revocation be ordered, Contractor or Permittee shall be given a maximum of 90 days to cease operations within the City and remove all containers in service.
Within five (5) days of written notice of cancellation, Contractor or Permittee may appeal the City Manager or designee's decision to the City Council. Any appeal request shall state in full all grounds for appeal. Action on the Contractor or Permittee's appeal shall be set on a City Council agenda; however; such appeal shall not act as a stay on the ordered compliance. The City Council shall announce its decision and thereafter adopt a resolution setting forth such decision. All City decisions shall be served on Contractor or Permittee in person or by certified return-request United States mail, postage prepaid. Service by mail shall be deemed complete two (2) business days after the date of mailing.
(Ord. 1688-NS, eff. December 17, 2021)