No person shall collect, transport, process or dispose of any solid waste generated within the jurisdiction of the City for compensation unless such person holds a valid license issued in accordance with the provisions of this chapter.
1. Application Contents. Application for a license under this chapter shall be addressed to the Council and filed with the Clerk and shall contain the following:
A. Name and Address. The full name, business address, and business telephone number of the applicant.
B. Nature of Business. A description of the nature and extent of the business of the applicant.
C. Customers Serviced. A description of the types or classes of customers which the applicant proposes to serve.
D. Waste Transported. A description of the types of solid waste which the applicant proposes to transport.
E. Equipment. A description of the vehicles and equipment which the applicant proposes to use.
F. Disposal Project. The location of the sanitary disposal project which the applicant proposes to use.
G. Compliance Assurance. A statement that the applicant shall faithfully observe all of the applicable provisions of this chapter.
2. Accompanying Material. In addition to the foregoing, such application shall be accompanied by the following:
A. Financial Statements. Financial statements for the applicant covering its last two fiscal or calendar years, which shall include balance sheets and operating statements.
B. Rate Schedules. Copies of current rates and fees charged by applicant for transportation of solid waste.
C. Rules and Regulations. Copies of current rules and regulations of the applicant applicable to the transportation of solid waste.
D. Affirmation. The application shall be sworn to under oath.
E. Insurance. Applicants shall provide proof of liability insurance in the amounts of $250,000 per person and $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damages.
3. Action by Council. The Council shall act on all applications for licenses within 45 days following receipt of the application by the Clerk. If the Council finds that all of the prescribed conditions for the issuance of a license have been satisfied, and that no grounds for revocation exist, the Council may, by resolution, authorize the issuance of the license.
4. License Fee. Before any solid waste collector’s license is issued, the applicant shall pay to the Clerk an annual license fee. Payment of such license fee shall be by cash or by certified or cashier’s check payable to the City. All license fees under this chapter shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such license fees may, from time to time, be amended by the Council by resolution. A copy of the resolution setting forth the currently effective license fees shall be kept on file in the office of the City Administrator, and be open to inspection during regular business hours.
5. Issuance of License. When authorized by the Council, and after payment of the license fee, the Clerk shall issue the license to the applicant.
6. Form of License. The license shall be signed by the Mayor and the Clerk and shall show the name of the licensee, the address of the licensee, the purpose of the license, the date of the issuance of the license, and the date of expiration of the license.
7. Expiration Date. Each license issued under the provisions of this chapter shall expire at 11:59 p.m. on December 31 in the calendar year of issuance.
8. Rebates Prohibited. No licensee shall be entitled to a rebate of any kind by reason of the surrender of a license prior to the expiration date.
9. Transfer Prohibited. Each license issued hereunder shall be personal to the licensee and shall be void upon transfer or assignment to another person.
10. Grounds for Revocation. The following reasons shall be grounds for the revocation of any license issued under the provisions of this chapter:
A. Fraud. The licensee has made fraudulent or untrue statements in the application for a license.
B. Violations. The licensee has violated any of the provisions of this chapter.
C. Improper Operation. The licensee has conducted the licensee’s business in such a manner as to endanger the public welfare, health, safety, order, or morals.
11. Revocation Procedure. When it shall appear to the Council that grounds for the revocation of a license may exist, the following procedure shall be followed:
A. Investigation. The Council shall direct the Chief of Police to make an investigation concerning the alleged grounds for revocation.
B. Report. The Chief of Police shall make such investigation and report findings in writing to the Council.
C. Council Determination. The Council shall make a determination as to whether probable cause for revocation exists.
D. Hearing. If the Council finds that probable cause for revocation exists, it shall set a date, time, and place for a hearing on the matter and shall direct the City Attorney to prepare the complaint against the licensee. The complaint shall state the alleged grounds for the revocation and the date, time, and place for a hearing on the matter.
E. Service of Complaint. The complaint shall be served upon the licensee in the manner provided for by the Iowa Rules of Civil Procedure not less than ten (10) days prior to the date set for a hearing on the matter.
F. Conduct of Hearing. The Council shall conduct the hearing at which the licensee shall be present. The purpose of the hearing shall be to determine the truth of the facts alleged in the complaint. Should the licensee or an authorized representative fail to appear without good cause, the Council may proceed to a determination on the complaint.
G. Rights of Licensee. The licensee shall have the right to be represented by counsel, to testify and present witnesses in the licensee’s own behalf and to cross-examine adverse witnesses.
H. Evidence. The Council shall admit only reliable and substantial evidence into the revocation proceeding and shall give all admitted evidence its natural probative value.
I. Findings; Revocation. The Council shall make and record findings of fact and conclusions of law and shall revoke a license under this section only when, upon review of the entire record, it finds substantial evidence of a violation of this chapter.
12. Effect of Revocation. Revocation of a license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of revocation.
13. Owner May Transport. Nothing herein is to be construed so as to prevent the owner from transporting solid waste accumulating upon premises owned, occupied or used by such owner, provided such refuse is disposed of properly in an approved sanitary disposal project.
14. Grading or Excavation Excepted. No license is required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities; however, all such materials shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported spills upon any public right-of-way.