(A) Duties. The franchisee shall:
(1) Dispose of wastes collected at a site approved by the local government unit having jurisdiction or resource-recover the wastes, both in compliance with O.R.S. Chapters 459 and 459A and regulations promulgated thereunder;
(2) Keep accurate books of account, and the city shall have the right to inspect the same at all times during business hours and from time to time audit the same for the purpose of determining the gross revenues and solid waste ordinance compliance;
(3) Provide and keep in force public liability insurance in the amount of not less than $200,000 for injury to a single person, $500,000 to a group of persons and $50,000 property damage, which shall be evidenced by a certificate of insurance filed with the City Recorder;
(4) Within 30 days after the effective date of any offers to franchise under this subchapter, file with Recorder of the city a written acceptance of the collection franchise and the terms of this subchapter which shall be evidenced by endorsement in the form prescribed by the City Council;
(5) Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide all types of necessary service, or subcontract with others to provide that service pursuant to this subchapter;
(6) Respond promptly to any written complaint on service and send a copy to the city of the complaint and the response; and
(7) Provide for the operation of the recycling depot at the franchisee’s business office which is in the city to be open to the general public to drop off recycling materials on Monday through Friday from 9:00 a.m. to 5:00 p.m. and on Saturdays from 9:00 a.m. to 3:00 p.m.
(B) Prohibitions. The franchisee shall not:
(1) Give any rate preferences to any person, locality or service. This division (B) shall not prevent uniform classes of rates based upon length of haul, type or quantity of waste handled and location of customers so long as the rates are reasonably based upon costs of the particular service and are approved by the Council on the same manner as other rates, nor shall it prevent any person from volunteering service at no charge for a charitable, community, civic or benevolent purpose; or
(2) Transfer this franchise or any portion thereof to other persons without the prior written consent of the City Council, which consent shall not be unreasonably withheld. In addition, the City Council shall approve the transfer if the transferee meets all applicable requirements met by the original franchise holder. In addition, the City Council acting upon application to transfer the franchise may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this subchapter.
(C) Public responsibility. In addition to compliance with O.R.S. Chapters 459 and 459A and regulations promulgated pursuant thereto:
(1) Each person in the city shall dispose of his or her putrescible wastes in an approved manner at least every 14 days or at more frequent intervals where necessary, to prevent the creation of health hazards, rodent harborage or sustenance, vector production or sustenance or public nuisances;
(2) No person shall use any of the following garbage cans for collection by the franchisee:
(a) Cans exceeding 50 pounds per 32-gallon size and gross loaded weight;
(b) Cans exceeding 32 gallons in size, unless rented or purchased from the franchisee; nor
(c) Any sunken can.
(3) Garbage cans and containers must be located where access and egress is possible without hazard or risk to the person providing service or other persons, or risk to property, and shall be located outside of any locked or latched gate or outside of any garage or other building;
(4) No stationary compactor or other container for commercial or industrial uses shall exceed the safe loading design for collection vehicles providing the service. Stationary compacting devices for handling solid wastes or recyclable materials shall comply with applicable federal and state safety regulations;
(5) Any person who receives service shall be responsible for the payment for that service. The landlord of the premises impliedly consents to the provision of service to the tenant thereof and shall be responsible for payment for the service if the tenant does not pay; and
(6) Containers within an enclosure will be subject to an additional charge unless the customer moves them outside of the enclosure.
(D) Exemptions. Nothing in this subchapter shall:
(1) Prevent the officers of the city from employing persons and using vehicles for the purpose of collection and removal of solid wastes for an annual cleanup or cleaning the public right-of-way;
(2) Prevent any person from transporting wastes produced by himself or herself at home or work, if the loading and operation of the vehicle containing the wastes prevents the contents from dropping, sifting, leaking or otherwise escaping onto the public right-of-way or property adjacent thereto, and if the wastes will be disposed of, or resource-recovered, pursuant to all applicable laws, ordinances and regulations of federal, state or local government units having jurisdiction;
(3) Prevent another person from transporting hazardous wastes, excluded wastes or, with permission of the franchisee, materials which by their size or weight cannot be handled in open trucks, front-end loaders or roll-off box trucks supplied by the franchisee directly or through subcontract. Upon notice by a customer within the city of unusual size or weight materials, if the franchisee cannot provide the service, he or she shall waive the exclusive franchise with respect to these hazardous wastes and/or materials only. This waiver requested by the customer shall be oral or written to the city and franchisee, but a written notice shall be filed with the city and a copy going to the franchisee. The person in whose favor the waiver is granted shall obtain a permit from the city for the hauling and shall pay the same franchise fee to the city as would have been required of the franchisee under § 50.04(D);
(4) Prevent civic, benevolent or charitable organizations from providing recycling or reuse services as a fund-raising drive or benefit; or
(5) Prevent the City Council from withdrawing other collection activities or practices upon findings there is no need for regulation and no substantial impact on the purposes of this subchapter, service to customers, consumer rates or service of, and financial stability of, the franchisee.
(Prior Code, § 50.05) (Ord. 1155, passed 6-1-1998; Ord. 1232, passed 5-5-2008; Ord. 1236, passed 7-21-2008) Penalty, see § 50.99