(A) Application. Any person can apply for authorization to the County Manager, or his/her designee, for application and information to provide commercial service in unincorporated areas of Valencia County.
(B) Selection. The County Manager, or his or her designee, shall screen applications on factors such as, but not limited to: financial strength, past experience, present fleet, fleet maintenance capability, past service for county residents, past compliance with county ordinances, and ability to comply with relevant provisions of this chapter.
(C) Issuance of permit.
(1) No person may engage in the business of commercial/C and D collection of solid waste in the unincorporated area of Valencia County without:
(a) The submission of a completed application form provided by the county, with required documentation and processing fees as determined by the County Manager or his or her designee; and
(b) Execution of a written agreement between such businesses or persons and the county for the collection of solid waste and in conformance with this chapter.
(c) Upon completion of the requirements of divisions (A) and (B), and the applicant meeting the requirements of as set out below, the County Manager, or his or her designee, shall issue a solid waste collection permit to the applicant.
(2) Any contractor/hauler or person licensed and permitted by the state to provide such collection service, may apply with the county for a permit to provide waste collection service to commercial customers in unincorporated Valencia County.
(D) Duration of permit. Permits may be for a period up to one year.
(E) Permit fee. Each commercial hauler shall pay $250 to file an application with the county.
(F) Franchise fee. Any approved contractor/hauler who provides solid waste collection services shall pay the county an amount equal to 10% of all fees collected per customer for residential, commercial, and C and D solid waste services. Each franchisee shall provide a complete list of the names of clients the contractor serves, the address of the customers served, the day of service, and: the fee charged on a quarterly basis for residential services, and a monthly basis for commercial/C and D services, including the date of roll off delivery. Each contractor shall allow the county to inspect its revenues collected in its operation in the county, including but not limited to, its books, equipment, or any other requested information on at least a bi-annual basis, or as otherwise requested by the county. A 30-day delinquency will be brought before the County Manager.
(G) Suspension or revocation. The County Manager, or his or her designee, has the right to suspend or revoke any permit, subject to the terms and conditions of the franchise agreement and/or this chapter.
(H) Appeal. Any contractor/hauler shall have the right to submit a written request for a hearing if he or she is not satisfied with the decision rendered by the designee of the County Manager. Such a request must be made within 15 days of the mailing of the County Manager's decision. The open public hearing shall be conducted within 30 days of receipt of the request before the County Manager.
(I) Records required. Upon termination, suspension or revocation of a contractor/hauler franchise, the contractor/hauler may submit to the County Manager, within ten calendar days, those records necessary for the purpose of resuming or continuing service to the contractor/hauler's Valencia County customers. A contractor/hauler may of his or her own volition relinquish his or her agreement or franchise, provided the County Manager is provided written notice not less than 90 days prior to relinquishment so as to assure maintenance of service.
(J) Changes in ownership.
(1) Notice and approval. In the event there is to be a change in the ownership for any contractor to whom a contract is issued, the contractor/hauler shall notify the County Manager, in writing, of such a change no later than 30 days prior thereto. The proposed owner shall assume and be liable for all actions of the prior owner, and shall comply with this chapter and the agreement. The Board of County Commissioners shall have the right to approve or disapprove die change in ownership and assignment of the agreement. The above shall apply to changes in controlling stock ownership in the corporation, changes in partnerships or limited partnerships, or percentage participation therein.
(2) Assignments. The agreement and commercial hauler permit provided for herein shall not be assignable, except with prior written consent of the County Commission, which shall not be unreasonably withheld. However, any and all assignments shall be without release of the obligations under the agent or conditions of the permit; the residential/commercial haulers, together with the assignee(s), shall remain fully liable under the terms of the contract agreement or permit.
(K) Independent contractors. It is expressly agreed and understood mat contractor/hauler(s) are in all respects independent operators as to the work, and are in no way an agent, servant or employee of the county. This chapter specifies the work to be done by the contractor/hauler(s), but the method, manner and means to be employed to accomplish this work shall be the responsibility of each contractor/hauler.
(L) Truck identification. All contractor/hauler(s) shall have identification on all vehicles. Haulers may not use a firm name containing the words “County” or “Valencia County.”
(Ord. 2010-01, passed 5-19-2010; Am. Ord. 2017-02, passed 8-23-2017) Penalty, see § 50.99