§ 5.04.060. Refuse collection permit

A.

If the city council finds that the statements contained in the application are true and that applicant is capable of complying with the provisions of this chapter, the city council shall issue to applicant a refuse collection permit entitling applicant to conduct refuse collection service within the city.

B.

Such permit shall not be transferred, assigned or disposed of in any manner voluntarily or involuntarily, directly or indirectly, to any person except upon application to and approval by the city council. Such approval may be given where the city council finds that the public health, sanitation and convenience would benefit from the approval of such transfer and that the transferee is able to render refuse collection service in accordance with the provisions of this chapter.

The word "transfer" as used in this section, includes a change of ownership interest in a partnership, joint venture or corporation amounting to 25 percent or more. The term does not include the succession of an interest in a permit in an estate of a deceased permit holder, nor the succession of an interest in a permit as a result of the death of a partner, joint venturer or shareholder of the permit holder.

C.

A refuse collection permit shall cover no property rights on the holder thereof.

D.

The permit shall be issued for a period of not to exceed five years, and all permits shall expire on June 30 of the last year.

E.

The city council may revoke the refuse collection permit if it finds that the refuse collector made any false declaration in his application or violated any provisions of this chapter relating to or regulating the collection, transportation or disposal of refuse or collected, transported or disposed of refuse in an unlawful, improper or unsanitary manner. Such action shall be taken only after a hearing held by the city council for such purposes. The refuse collector shall be given written notice of the time and place of such hearing and the purpose thereof at least ten days prior to the date of the hearing. Said notice of hearing shall also set forth the grounds under which revocation is sought.

F.

The provisions of subsections A—E shall not apply to any person who has entered into solid waste removal franchise agreement with the city on or after the effective date of Ordinance No. 345 except to the extent that the provisions of said subsections are expressly incorporated in said exclusive solid waste removal franchise agreements.

Any such person shall be deemed to be exempt from all provisions of said subsections, except to the extent that the person and the city have agreed that such provisions shall apply to that person. It is the intent of the city council that the provisions of the franchise agreement shall govern the manner in which the franchisee undertake the removal of refuse from the city except to the extent that the provisions of subsections A—E are expressly made applicable to said franchisee in the franchise agreement. It is also the intent of the city council to exercise to the fullest extent permitted by law its right to enter into franchise agreements as a means if regulating the removal of solid waste from the city.

(Ord. No. 229; Ord. No. 345, § 1, 5-28-1997)