(A) One-year notice. City and/or franchisee shall notify the other in writing not less than one year in advance of the date the respective party intends to terminate, refuse to renew or suspend collection service under any contract under this subchapter. This provision is intended to allow city and franchisee time to plan and adapt to the change in their contractual relationship.
(B) Opportunity to comply. Failure of the franchisee to comply with a written notice to provide necessary service or otherwise comply with the provisions of this subchapter after a reasonable opportunity to comply shall be grounds for modification, revocation, suspension or refusal to renew the collection franchise without further notice required.
(C) Thirty days to comply or request hearing. After written notice from the City Council that those grounds exist, the franchisee shall have 30 days from the date of mailing of the notice in which to comply or to request a public hearing before the City Council.
(D) Failure to comply. If the franchisee fails to comply within the specified time or fails to comply with the order of the City Council entered upon the basis of findings at the public hearing, the City Council may suspend, modify or revoke the franchise or refuse to renew it, or make the action contingent upon continued noncompliance.
(E) Public hearing. At a public hearing, the franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the City Council.
(F) Emergency action. In the event that the City Council finds an immediate and serious danger to the public, it may take action regarding any existing franchise under this subchapter without notice and/or hearing. However, notice and/or public hearing shall be provided by the city as soon as practicable following the emergency action.
(Prior Code, § 50.10) (Ord. 1155, passed 6-1-1998)