9.60.250 Rubbish franchises--Termination or suspension of franchise.
A. Any franchise granted pursuant to this chapter for the collection and/or transportation of rubbish shall automatically be suspended whenever the grantee:
1. Fails to keep in full force and effect the bonds and insurance required by the franchise agreement; or
2. Fails to keep in full force and effect any applicable licenses or permits required by federal, state or local law.
B. The suspension shall remain in effect until the grantee provides documentation satisfactory to the City Manager or their designee verifying that the reason for the suspension specified above no longer exists.
C. The City Manager or their designee may suspend any franchise granted under this chapter if the grantee fails to submit timely reports as described in this chapter within fifteen days after written notice from the City Manager or their designee that a report is delinquent. The suspension shall remain in effect for the period specified in the City Manager or their designee’s notice unless the suspension is reversed or modified by the City Manager or their designee or upon appeal by the grantee, by the City Council.
D. In the event a franchise granted pursuant to this chapter is suspended, the grantee shall have no right or authority to engage in rubbish collection or transportation operations in the City during the period of suspension.
E. The City Council shall have the right to terminate any franchise granted pursuant to this chapter if the Council finds, after a public hearing following not less than fourteen days written notice to the franchise grantee, that:
1. The grantee has failed to comply with, or to do anything required of the grantee by, applicable provisions of the City Charter, provisions of this Chapter, provisions of the ordinance granting the franchise, or provisions of the franchise agreement; or
2. Any provision of this chapter becomes or is declared to be invalid and the Council expressly finds that such provision constitutes a material consideration to the grant or continuation of such franchise.
F. In the event the franchise granted pursuant to this chapter is terminated, the grantee shall have no right or authority to engage in rubbish collection or transportation operations in the City unless and until a subsequent commercial rubbish collection and/or transportation franchise is granted to the grantee. Nothing herein shall require the City to grant any subsequent franchise to the grantee.
G. In the event the franchise granted pursuant to this chapter is terminated under subsection E. above, then within the time period specified by the City Council, the grantee shall:
1. Remove all of the grantee’s rubbish containers from all service locations where services have been provided pursuant to such franchise; and
2. Properly dispose of any and all rubbish in the containers at the time of removal.
H. If the grantee fails to remove any rubbish container or to properly dispose of any rubbish in any container within the time specified in subsection G. above, the City may remove the container and/or dispose of the rubbish therein and may charge the grantee for the City’s costs. The grantee shall pay to the City all of the costs incurred by the City in such removal and/or disposal within ten days of the date of the City’s invoice for such costs. (Ord. 6517-NS § 1, 1999)