8.28.130   Roll-off Box Franchised Permittee Requirements.
   Any owner of any premises may contract with a franchise permittee for removal of construction and demolition and or recyclable materials collected in roll-off boxes or compactors only. Additionally, any provider of construction, demolition and yard maintenance services may contract for roll-off box services with a franchise permittee for removal of construction and demolition and/or recyclables generated as result of their services. The Director may issue a franchise permit to contractors to provide services pursuant to this section subject to the following conditions and limitations:
   A.   Franchise Permit. A franchise permit must be acquired before any roll-off bin services can be provided within the city limits. The franchise permit shall be for the duration of one year. It may be renewed annually provided the permit holder has complied with all terms and conditions of this section.
   B.   Reporting. All franchise permittees will be required to report quarterly. The report shall include a listing of all boxes in the franchise permittee's inventory by serial number and size, the location of each box in service in the city limits, what type of material the box is collecting, how many times each box has been emptied during the reporting period, and tonnage of each load.
   C.   Franchise Fee. All franchise permittees will be required to pay a quarterly franchise fee at the time they submit their quarterly report. The private contractor will pay twenty-five dollars ($25.00) per roll off box per empty that was placed in service during the reporting period. In January of every year there will be an increase in the franchise fee per empty based on the consumer price index. (U.S. CPI-U) Fees are due to the city by the fifteenth of April, July, October and January.
   D.   Franchise Fee Exceptions. There shall be no exceptions granted to the franchise permit and fee requirement, except as granted by the Public Works Director on a case-by-case basis. The franchise fee and franchise permit process shall not apply in instances involving a hauler paying persons or entities to obtain recyclable materials as provided for in this section. The hauler must provide proof of payment to the Public Works Director for each roll off box in service. Without submitting proof of payment for materials collected, the hauler will be presumed to be in violation of the franchise fee requirement.
   E.   Inspection. All franchise permittee equipment utilized to perform the services authorized by the franchise permit shall be subject to inspection by the Director or the Director's delegated representative. All such equipment shall meet state regulations and requirements and be inspected as required by such regulations. It shall be maintained in good working order. Such equipment, other inspection reports and maintenance records shall be subject to inspection by the Director or the Director's representative at any time upon reasonable notice.
   F.   Roll-Off Boxes. All roll-off boxes utilized to provide the services authorized by the franchise permit shall meet city specifications and be identified with a unique serial number. The city shall be provided all vehicle identification license plate numbers for vehicles used to transport construction, demolition and recyclable waste. Roll-off boxes must be covered while transporting to prevent materials from blowing out along public streets or otherwise escaping from such vehicle.
   G.   Proof of Insurance and Business License. The franchise permittee shall provide copies of required vehicle insurance, worker's compensation insurance, comprehensive general liability insurance and evidence of business license.
   H.   Record Maintenance. The franchise permittee shall maintain records of all demolition, construction and/or recyclable materials hauled pursuant to the permits granted under this section. Such records shall indicate where such demolition, construction and/or recyclable materials were disposed. Records must be kept for a period of at least five years and shall, upon reasonable request, be made available to the Director or Director's delegated representative for inspection.
   I.   Right to Audit. The Director or Director's delegated representative may conduct an audit of the franchise permit holder's records upon reasonable notice. The purpose of such audit will be to determine that the franchise permittee has complied with all the provisions of this section with respect to hauling demolition, construction and/or recyclable materials. Such audit may also be for the purpose whether the franchise permit holder has paid the requisite franchise fees as mandated by the provisions of this section.
   J.   City Right to Revoke Franchise Permit. The Director may revoke the franchise permit provided under this section for failure of the franchise permit holder to comply with the terms and conditions of this section or make required franchise fee payments to the city. In the event the Director determines that the franchise permit holder has failed to comply with the terms of this ordinance or to make the requisite franchise fee payments, the Director shall notify the franchise permit holder of his or her intention to revoke the permit in writing at least fifteen (15) days prior to such revocation. The franchise permit holder may request a hearing before the Director to contest the proposed revocation of the permit and present evidence to support his or her position. After the conduct of such hearing the Director shall make a written finding with respect to the revocation of the franchise permit which determination shall be final. The Director may also determine not to renew a permit if he or she finds that the permit holder has been in violation of the terms and conditions of this section or has failed to pay the franchise fees as required by this section.
   K.   Each franchised permittee shall provide information to each of its customers about recycling services as follows:
      1.   Types of recyclable materials accepted, the location of recycling Containers, and the customer's responsibility to recycle pursuant to this section. This information shall be distributed to all customers annually;
      2.   All new customers shall be given information and instructions upon establishment of service with the franchised permittee; and
      3.   All customers shall be given new information and instructions upon any change in recycling service.
(Ord. 2018-03, 2018)