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Ordinance chapter · Lincoln, California

CHAPTER 8.06 - COMMERCIAL DEBRIS HAULERS FRANCHISE

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Chapter 8.06 - Commercial Debris Collection Franchises#

8.06.010 - Purpose and declarations.#

(a)#

It is declared and determined that the business of collecting and subsequently transporting, transferring, disposing of commercial debris generated, kept or accumulated in the city of Lincoln (hereinafter referred to as ("city") affects the health, safety, public welfare and quality of life of the inhabitants of the city. The city further declares that the business of collecting and disposing of commercial debris is a public service and should be regulated by the city. The use of any public street or public property in connection with such business is of great concern to the city and should be regulated by the city. Therefore, it is the purpose of this chapter to provide such regulation.

(b)#

It is the further purpose of this chapter to regulate such business in order to ensure its orderly operation, and to minimize the adverse effects it may have on the local environment. It is also the purpose of this chapter, aside and apart from regulation, to require compensation for the value of the franchise issued by the city.

(c)#

It is the further purpose of this chapter to provide for the uniform regulation of commercial debris collection, removal and transportation within the city.

(d)#

The city elects to have the grant of franchises governed by the ordinance codified in this chapter, and any ordinances amendatory thereof, and these provisions shall constitute the exclusive procedure applicable to the granting of franchises for the conduct of the business of collecting, transporting or disposing of commercial debris.

(e)#

If any portion of this chapter is for any reason held invalid or unconstitutional by any decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining part of this chapter.

(Ord. 732B §1(part), 2003)

8.06.020 - Definitions.#

Unless the context otherwise requires, the definitions set forth in this section shall govern the interpretation of this chapter.

"Administrator" means the city manager or his or her designee.

"City" means the city of Lincoln.

"City clerk" means the clerk for the city of Lincoln.

"City council" means the city council for the city of Lincoln.

"Collection" means the act of collecting and removing solid waste at the place of waste generation.

"Commercial debris" means solid waste generated by residential, commercial or industrial sources exceeding five cubic yards. This includes recyclables for which there is no net value including the cost of removal.

"Franchise" means a commercial debris collection franchise issued under the provisions of this chapter to engage in the business of collecting, removing and transporting solid waste generated by commercial, industrial, or residential units within the city.

"Franchisee" means a person or entity holding a franchise issued pursuant to this chapter.

"Person" means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.

"Recyclable material" or "recyclables" means materials that have been separated from the solid waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place, and that are not landfilled.

"Removal" means the act of taking solid wastes from the place of waste generation.

"Rubbish" means nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery, plastics, rubber byproducts and litter.

"Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically-fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code or medical waste. Solid waste does not include recyclable materials set out for separate collection for the purposes of recycling, that are not landfilled, and that have a positive net value at time of collection.

"Treated medical waste" means medical waste as defined in subsection (a) of Health and Safety Code Section 117695.

(Ord. 732B §1(part), 2003)

8.06.030 - Collection or transportation prohibited.#

Except as authorized by ordinance, it is unlawful for any person to engage in the business of collecting, removing or transporting, or otherwise organize, direct or sponsor the collection, removal or transportation of, commercial debris within the city without possessing a valid franchise granted by the city.

(Ord. 732B §1(part), 2003)

8.06.040 - Franchise agreement.#

It is unlawful for any person to engage in the business of collecting, transporting or disposing of commercial debris kept, accumulated or generated in the city unless:

  1. A franchise therefor has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect; and

  2. A written franchise agreement therefor has been executed between such person and the city and such agreement is in full force and effect.

(Ord. 732B §1(part), 2003)

8.06.050 - Exempt collection or transportation.#

The following persons shall be authorized to organize, direct or sponsor the collection, removal or transportation of commercial debris within the city, or collect, remove or transport such debris, without a franchise:

  1. The owner, operator or occupant or employee of a farm or ranch consisting of five acres or more, when transporting for off-site disposal solid waste accumulated as a result of operation of the farm or ranch;

  2. An owner or occupant of a residential unit, when collecting or transporting rubbish, not containing garbage, from his or her residential premises;

  3. A residential construction contractor, commercial gardener or those engaged in the business of cleaning residential or commercial properties and employees thereof, when collecting or transporting rubbish consisting of by-products in conducting their business;

  4. A person or employee thereof, when collecting or transporting dead animals, bones, meat scraps or food waste resulting from food processing plants for tallow or fertilizer, or other waste material to be used as raw material in manufacturing, or solid waste that is collected without charging a fee to the customer for purposes of salvage, provided that such persons shall reuse or recycle or cause to be reused or recycled all materials collected, and shall not transport or arrange for the transport of any collected materials to a disposal site;

  5. An operator or employee thereof of one or more industrial plants which are under single ownership, when collecting or transporting wastes which cannot be handled by standard solid waste collection equipment or which involve significant health, operating or handling hazards, including but not limited to, rice hulls, tomato pulp, chemical residues, explosives, and other toxic, noxious or hazardous substances, provided that all such wastes shall be deposited at an appropriate disposal area permitted pursuant to California State Solid or Hazardous Waste Management Standards;

  6. Hazardous waste, medical waste and designated waste regardless of its source;

  7. By-products of sewage treatment, including sludge, sludge ash, grit and screenings;

  8. Residue or nonprocessible waste from a solid waste management facility, including material recovery, composting and transformation facilities.

(Ord. 732B §1(part), 2003)

8.06.060 - City council authority to grant.#

(a)#

The city council may and is empowered to grant to a qualified applicant a nonexclusive franchise to engage in the business of collecting, transporting or disposing of commercial debris kept, accumulated or generated in the city.

(b)#

The city council may grant a franchise to an applicant based on compliance with this chapter. Any grant of a franchise by the city council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations as the city council deems necessary to protect the public health, safety or welfare.

(c)#

The city council empowers and grants to the administrator the authority to administer and negotiate nonsubstantive changes to the franchise agreements. The city council may delegate authority by resolution to the administrator to administer, negotiate and execute franchise agreements.

(Ord. 732B §1(part), 2003)

8.06.070 - Franchise terms and conditions.#

(a)#

All franchises granted to persons pursuant to this part shall be nonexclusive to allow franchisees to compete with each other for commercial debris accounts. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this chapter shall be deemed to require the city council to grant any franchise if the city council finds or determines that the grant of any such franchise is not for the public good.

(b)#

All franchises shall be subject to the terms and conditions specified in this chapter, in the franchise agreement and in all other applicable federal, state and local laws and regulations.

(c)#

In granting any franchise, the city council may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the city council are in the public interest.

(d)#

Each franchisee shall provide commercial debris collection, removal, and transportation services consistent with the provisions of this chapter, the terms and conditions of the franchise issued to the franchisee, and any applicable federal, state or local statute, ordinance, rule or regulation.

(e)#

Each franchisee shall provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment and shall utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service and to provide preventive and repair maintenance of such equipment sufficient to ensure reliability.

(Ord. 732B §1(part), 2003)

8.06.080 - Application for franchise.#

(a)#

All applications for franchises pursuant to this chapter shall be in writing and shall be filed with the administrator.

(b)#

Each application for a franchise shall be on a form provided by the administrator, shall include all attachments required by the administrator, and shall contain the following information:

  1. Identification.

    a. The name and address of the applicant.

    b. Business address and telephone number of the applicant.

    c. Address where all vehicles and operating equipment used within the city will be kept.

    d. If the applicant is a partnership, the applicant shall include the name and address of each partner, general, limited or otherwise, owning more than ten percent ownership in the partnership and their percentage of ownership.

    e. If the applicant is a corporation, the application shall state the names and addresses of the corporation's directors, date and place of incorporation, main offices, major stockholders and associates, and the names and addresses of the parent and subsidiary companies.

    f. If the applicant is a corporation whose stock is traded on a national exchange, the names of persons owning or controlling less than one-half of one percent of the outstanding shares need not be listed in the application and transfers of less than one-half of one percent of the outstanding shares need not be reported unless such a transfer results in the transferee owning or controlling one-half of one percent or more of the outstanding shares; provided, however, that upon reasonable request of the administrator, the applicant or party submitting an application shall provide a list of all stockholders or shall provide to the administrator the source material from which the names of such stockholders may be readily obtained.

    g. If the applicant is an affiliate or a franchised operation of another corporation (not to be confused in this instance with a commercial debris collection franchisee of the city), the applicant shall list the names and addresses of the parent or subsidiary companies, together with a description of their business interests and/or ownership.

    h. If the applicant is a joint venture or other combination of persons and corporations, identify separately the names and addresses of each member of the joint venture or combined effort, together with their percentage interest.

  2. Business Operations. The names of the executive, operational and financial managers to be used in connection with the solid waste collection services, together with documentation that such persons and the applicant have sufficient experience in solid waste handling to perform solid waste collection services in the city.

    a. Attestation that books and accounts of all revenue and income arising out of its operations will be kept in a manner that conforms with generally accepted accounting principles.

    b. A statement that the applicant shall obtain insurance prior to commencing business subject to the franchise agreement.

    c. A statement that the applicant shall maintain and report on a timely basis all operational information and data elements reasonably required by the city to comply with its reporting requirements as defined in the franchise agreement.

    d. A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000.00, or convictions against applicant, any of applicant's partners, major stockholders, corporate directors or parent or subsidiary companies, occurring within the last five years. Applicants that are subject to the periodic reporting requirements of Section 13(a) of the Securities Exchange Act, may, in lieu of the information required by Section (8)(B)(1)(f) and (8)(B)(2)(d), submit the information reported pursuant to 17 CFR §§229.103 (Legal proceedings) and 229.403 (Security ownership of certain beneficial owners and management) on the most recent form 10-K filed by the applicant with the securities and exchange commission.

  3. Facilities and Equipment.

    a. A description of all vehicles and equipment that the applicant owns, has control of, or intends to acquire for the collection, transportation, or disposal of commercial debris in the city and which are subject to the provisions of the franchise agreement. A statement as to whether the vehicles and equipment are self-unloading and equipped with audible automatic back-up warning devices. The minimum vehicle description for existing vehicles shall include vehicle identification number (VIN) and license plate number.

    b. Evidence demonstrating that the applicant owns or will have access to suitable facilities for keeping vehicles and equipment clean and in good repair, and that the applicant owns or will have access to reasonable office and billing facilities.

    c. Evidence demonstrating that the applicant owns or will have the legally enforceable right to use a collection vehicle, the body of which is closed, leak resistant, and constructed for the purpose of solid waste collection, transportation and disposal. In the alternative, for the purposes of this provision, an applicant may demonstrate by the evidence that they service and transport open-top roll-off boxes for the collection, transportation, and disposal of nonputrescible waste and/or roll-off compaction boxes which are closed, leak resistance, and are constructed for the purpose of solid waste collection, transportation and disposal.

  4. Financial Resources. Applicant shall provide proof satisfactory to the administrator that the applicant has adequate financial resources to conduct commercial debris collection services.

  5. Other.

    a. Any other evidence that demonstrates that the applicant is able to render collection and subsequent transportation, and/or disposal services in accordance with applicable federal, state and local statutes.

    b. Such additional information as may be reasonably requested by the administrator.

    c. During the application or proposal period and during the full term of any franchise, all information contained in the franchise application shall be kept up-to-date by the applicant who shall file a new verified statement within 48 hours of any change indicating in detail the nature of any change in the information.

(c)#

The application shall be signed by the person applying for the commercial debris collection franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation.

(Ord. 732B §1(part), 2003)

8.06.090 - Franchise application review process.#

(a)#

The city council may award franchises for the collection of commercial debris within the city. The franchises awarded by the city council shall be granted to currently licensed private haulers meeting all terms and conditions of both this chapter and the franchise agreement.

(b)#

Applicants may submit their completed application for a franchise, as provided in ordinance, to the administrator for review and consideration at any time during a designated application period. The administrator shall review such submittals and either make a recommendation to the city council to award such franchise, or notify applicant of denial, within 60 days of receiving a completed application.

(c)#

The administrator shall take into consideration all components of the completed application, including but not limited to:

  1. The ability of the applicant to meet all terms of the ordinance;

  2. Any history of civil or criminal convictions that may compromise the public's interests; and

  3. The completeness, accuracy, and validity of the application.

The administrator, or his designee, shall also have the authority to verify independently any and all statements made and implied in the application. The administrator may also request clarification from applicant of any or all elements of the submitted application.

(d)#

After the 60-day review period, the administrator shall either:

  1. Deny an award and notify the applicant in writing of the reasons why the award was denied; or

  2. Recommend to the city council that a franchise be awarded.

(e)#

Upon concurrence with a positive recommendation, the city council will award the franchise or will delegate authority to the administrator to award the franchise within a reasonable period of time. The administrator will notify applicant in writing of an award.

(Ord. 732B §1(part), 2003)

8.06.100 - Appeal upon denial of award.#

(a)#

Within 30 days of written notification of award denial or within 60 days of administrator's failure to act on the franchise application, applicant has the right to meet with the administrator to review the items cited in the written notice and provide any additional evidence to support an award. Within 15 days of such meeting, the administrator will make a final, written determination of the application, based on the reviews of additional evidence, together with the original application. Administrator will send a copy of all final, written determinations, including reasons for denial, if any, to both applicant and the city council.

(b)#

Applicant may, within ten days after receiving the administrator's final denial, request a public hearing before the city council by submitting to the city clerk a written petition for an appeal hearing. If a public hearing is requested, the city clerk shall set the matter for hearing at the next regularly scheduled city council meeting or any later date as agreed upon by the applicant and city clerk. At such hearing, applicant may present evidence in writing and through testimony of its employees and others relevant to the application. During such hearing, the city council may demand from the applicant such additional information as the city council may deem relevant and necessary. Standard rules of evidence are not in effect at such public hearing, and the applicant shall have the burden of proof to show facts demonstrating that the applicant does, in fact meet the requirements of this chapter. Any hearing may be continued or adjourned to a stated time and place without the giving of further notice. The city council will provide applicant with a written explanation of its determination on the application within 30 days of such hearing. The city council's decision is final.

(c)#

If the term of an applicant's existing franchise expires while the application is under city review, the city council or the administrator may administratively extend the term for such period of time as is required to complete the appeal process.

(Ord. 732B §1(part), 2003)

8.06.110 - Awarding of franchise.#

(a)#

A franchise shall become effective only once the applicant and the city have signed a written agreement, and upon applicant's satisfying all of the requirements and conditions set forth in both this chapter and the franchise agreement.

(b)#

Prior to performing any services provided under the award of a franchise, franchisee must provide to the city copies of all required certificates of insurance, and copies of all required truck inspection forms as enumerated in the franchise agreement and this chapter. Should franchisee fail to maintain all such insurance and bonding requirements, uninterrupted for the term of the agreement, the city will immediately suspend or terminate the franchise.

(c)#

If the franchisee's description of vehicles and equipment, as required under ordinance, has changed between the application date and the effective date of the franchise agreement, franchisee must submit to administrator an amended description, including all identification elements required under ordinance, prior to commencing services authorized in the agreement.

(Ord. 732B §1(part), 2003)

8.06.120 - Requirements for franchise effectiveness.#

A franchise granted pursuant to this part shall not become effective unless and until all of the following requirements have been satisfied:

  1. The ordinance granting the franchise is effective;

  2. The applicant and the city have executed a franchise agreement;

  3. Within 20 days from the date of adoption of the ordinance granting the franchise, or delegating authority to the administrator to grant the franchise, the applicant

Chapter 8.06 - Commercial Debris Collection Franchises#

8.06.130 - Term of franchise.#

The initial term for any franchise agreement shall not exceed five years. The city council may extend any such agreement under the terms and conditions provided for in agreement.

(Ord. 732B §1(part), 2003)

8.06.140 - Termination or suspension of franchise.#

(a) The city council shall have the right to terminate any franchise granted pursuant to this chapter if the city council finds, after a public hearing following not less than 14 days' written notice to the franchisee, that:

(1) The grantee has failed to comply with, or to do anything required of the grantee by, provisions of this chapter, or provisions of the franchise agreement; or

(2) Any provision of this part becomes or is declared to be invalid and the city council expressly finds that such provision constitutes a material consideration to the grant or continuation of such franchise.

(b) Any franchise granted pursuant to this part shall automatically be suspended whenever the grantee:

(1) Fails to keep in full force and effect the insurance required by the franchise agreement; or

(2) Fails to keep in full force and affect any applicable licenses or permits required by federal, state or local law.

The suspension shall remain in effect until the grantee provides documentation satisfactory to the administrator verifying that the reason for the suspension specified above no longer exists.

(c) The administrator may suspend any franchise granted under this part if the grantee fails to submit timely reports as described in Section 8.06.190 of this chapter within 15 days after written notice from the administrator that a report is delinquent. The suspension shall remain in effect for the period specified in the administrator's notice unless the suspension is reversed or modified by the administrator or, upon appeal by the franchisee, by the city council.

(d) In the event the franchise granted pursuant to this part is terminated, the grantee shall have no right or authority to engage in commercial debris collection, transportation or disposal operations in the city unless and until a subsequent commercial debris collection franchise is granted to the grantee. Nothing in this chapter shall require the city to grant any subsequent franchise to the grantee.

(e) In the event the franchise granted pursuant to this part is suspended, the grantee shall have no right or authority to engage in commercial debris collection, transportation or disposal operations in the city during the period of suspension.

(f) In the event any franchise granted pursuant to this part is terminated under subsection (a) of this section, then within the time period specified by the city council, the grantee shall:

(1) Remove all of the grantee's, and any subcontractor's, solid waste containers from all service locations where services have been provided pursuant to such franchise; and

(2) Properly dispose of any and all solid wastes in the containers at the time of removal.

(g) If the grantee fails to remove any solid waste container or to properly dispose of any solid waste in any container within the time specified in subsection (f) of this section, the city may remove the container and/or dispose of the solid waste 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. 732B §1(part), 2003)

8.06.150 - Franchise transfer or assignment.#

Any franchise granted pursuant to this part is a privilege to be held in trust by the original grantee. Any franchisee shall not sell, lease, transfer, assign or otherwise dispose of, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws or otherwise, a franchise issued pursuant to this chapter without the prior consent of the city council. Any such consent of the city council shall be subject to such terms and conditions as may be prescribed by the city council. This restriction includes the transfer of ownership of the franchise, or a majority of the ownership or control of the franchisee, or the conveyance of a majority of the franchisee's stock to a new controlling interest. Franchises shall become void upon the abandonment of same by franchisee.

(Ord. 732B §1(part), 2003)

8.06.160 - Franchise fees.#

(a) Each person engaging in the business of collecting, transporting or disposing of commercial debris kept, accumulated or generated in the city shall pay a franchise fee to the city. The city council shall set the franchise fee by resolution.

(b) Franchise fees shall be payable on a monthly basis, and shall be due and payable on the first day of the second month immediately following the month in which collection services were provided. Each payment shall be calculated in accordance with the provisions of this chapter.

(c) The required franchise fee shall be paid to the city administrator. Each payment shall be accompanied by a written statement, verified by the person making the payment, or a duly authorized representative of the person, showing the calculation of the franchise fee payable in such form and detail as the administrator may require and such other information as the administrator may determine is material to a determination of the amount due.

(d) No statement filed under this section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the city from collecting by appropriate action the sum that is actually due and payable.

(e) The payment of franchise fees to the city pursuant to this part shall be in addition to any license fee or business tax prescribed by any local jurisdictions for the same period.

(f) If franchise fees are not paid by the grantee at the times required by this section, then in addition to the franchise fees, the grantee shall pay a late payment charge in an amount equal to two percent of the franchise fee that is due plus interest equal to one and one-half percent for each month in which the franchise fee was not timely paid.

(Ord. 732B §1(part), 2003)

8.06.170 - Franchise operations.#

(a) All new customer agreements executed after the effective date of the franchise must contain clauses that automatically terminate such customer agreements in the event that the franchise or franchise agreement is terminated. Upon termination of any franchise, franchisee is required to notify all its customers in writing with 30 days of such termination.

(b) The agreement shall provide for the requirements relating to the frequency and hours of collection, the size, placement and care of the containers and special collections.

(Ord. 732B §1(part), 2003)

8.06.180 - Transition period.#

Within 45 days after the effective date of the ordinance codified in this chapter, all existing permittees seeking to continue to operate in the city shall submit to the city an application for franchise pursuant to this chapter. All existing permits issued by the city to commercial debris collection businesses for the collection of commercial debris shall expire on the date that a permittee's franchise becomes effective or upon the final determination by the city council to deny the permittee's application for franchise.

(Ord. 732B §1(part), 2003)

8.06.190 - Reporting requirements.#

(a) The grantee shall file with the administrator a quarterly report of the quantities of commercial debris collected, transported, diverted, and/or disposed. Such report shall be in such form and detail as required by the administrator. Specifically, the report shall include the following information, the commercial debris tonnage collected and removed within the city during the previous quarter.

(b) To the extent permitted by the California Public Records Act, any reports, plans, and information required by this chapter or the franchise agreement shall be deemed confidential and shall not be subject to public disclosure except for each franchisee's aggregate totals.

(c) If the quarterly report required under subsection (a) of this section, is not filed by the due date specified in the franchise agreement, the report shall be deemed delinquent, and the grantee shall pay to the city a delinquent report charge in the amount of $50.00. If the report remains delinquent for more than 15 days, the grantee shall pay to the city a delinquent report charge in the amount of $100.00. Such delinquent report charge shall be in addition to any franchise fees or other charges payable by the grantee for the same period of time.

(Ord. 732B §1(part), 2003)

8.06.200 - Restrictions on franchisees.#

The following restrictions shall be applicable to franchisees:

(1) No franchisee shall, by contract, subcontract, or otherwise, share with another franchisee any office space associated with operations under a franchise;

(2) No franchisee by contract, express understanding or indirectly, shall, in cooperation with another franchisee, divide, segregate or apportion any territory within the city for the purpose of restricting competition within a particular territory;

(3) No franchisee shall, directly or indirectly, enter into any contract, express understanding or other transaction with another franchisee for the purpose of fixing customer rates or charges or otherwise maintaining rates or charges at a particular level;

(4) No franchisee or any director, officer, partner, joint venturer, sole proprietor or corporate owner thereof, shall be a controlling shareholder of, be a partner, joint venturer or sole proprietor, owner of any other interest in or be employed by another franchisee. No franchisee which is owned in whole or in part by a corporation shall be effectively controlled by a person or entity by virtue of that person or entity's ownership of shares in the corporation, if the same person or entity otherwise controls another franchisee. The sole remedy for violation of the provisions of this subsection shall be revocation or refusal to renew a franchise.

(5) Each franchisee shall provide to the administrator such information as the administrator determines is reasonably necessary to facilitate effective administration of the franchise under the provisions of this chapter.

(Ord. 732B §1(part), 2003)

8.06.210 - Inspection authority.#

(a) Each franchisee shall at all times maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this chapter; all solid waste collected, transported and/or disposed of; the source of such solid waste; and the final destination of such solid waste. Grantee's books, accounts and records reasonably necessary for the enforcement of this chapter and the franchise agreement shall be made available for inspection, examination and audit during normal business hours by authorized officers, employees and agents of the city. The city shall give written notice at least three days prior to any inspection, audit or examination of these records.

(b) If the administrator determines that an audit is necessary, franchisees shall be responsible for reimbursement of audit costs, including any WPWMA or consultant services, to perform audits of accounts of all franchisee revenues and income arising out of operations under the franchise granted pursuant to this chapter.

(Ord. 732B §1(part), 2003)

8.06.220 - Enforcement.#

Except as otherwise expressly provided, the provisions of this chapter shall be administered and enforced within the city on behalf of the city by the public works department.

(Ord. 732B §1(part), 2003)

8.06.230 - Abatement proceedings.#

Any operation or activity contrary to the provisions of this chapter or a franchise agreement, including the terms and conditions of any franchise, is unlawful and shall constitute a public nuisance. The administrator is authorized to commence in the name of the city actions or proceedings to abate and enjoin any such operation or activity.

(Ord. 732B §1(part), 2003)

8.06.240 - Notice.#

(a) Whenever a provision of this chapter authorizes or requires a public hearing to be conducted by the city council, notice of the time, date, place and purpose of the hearing shall be posted.

(b) Any written notice or other communication to a franchisee which is authorized or required by this chapter shall be deemed served and effective for all purposes when deposited in the United States Mail, postage prepaid, and addressed to the latest address of the franchisee shown in the city records pertaining to the franchise.

(Ord. 732B §1(part), 2003)

8.06.250 - Signs.#

Each franchisee shall have permanently displayed in a prominent place on the exterior of each truck utilized in the collection, removal or transportation of commercial debris under its franchise a sign which contains such information as is required by regulation of the public works department adopted pursuant to the provisions of the California Code of Regulations, Title 14, Section 17344.

(Ord. 732B §1(part), 2003)

8.06.260 - Office required.#

Every franchisee shall at all times maintain a central office within Placer County, or within the metropolitan area immediately adjacent to Placer County, where the agent, servant or representative of the franchisee can be reached by telephone 9:00 a.m. through 5:00 p.m., Mondays through Fridays, legal holidays excepted. Such office shall have a local telephone number so that customers served by the franchisee may contact the franchisee without the necessity of making a long distance telephone call.

(Ord. 732B §1(part), 2003)

8.06.270 - Use of containers.#

No person other than a customer who has contracted for service with a franchisee, or a person with such customer's consent, shall deposit solid waste into a commercial debris bin, drop box or compactor placed in the city by a franchisee for the purpose of receiving solid waste.

(Ord. 732B §1(part), 2003)

8.06.280 - Commercial debris and recyclables ownership.#

Commercial debris and recyclables lawfully deposited in bins, drop-boxes or other containers used by a franchisee for collection for either disposal or recycling shall become the property of the franchisee upon its deposit in any such container.

(Ord. 732B §1(part), 2003)

8.06.290 - Indemnification.#

Each franchisee must agree to defend, with counsel to be approved by the city, indemnify, and hold harmless, the city and its agents, officers, servants, and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to city employees, agents, or officers which arise from, or in any manner connected or related with, or are caused or claimed to be caused by acts or omissions of franchisee, or their agents, officers or employees, in the performance of the nonexclusive franchise agreement, or in performing the work or services therein, and all costs and expenses of investigating and defending against same; provided, however, that franchisee's duty to indemnify and hold harmless shall not include any claims or liability to the extent arising from the established active negligence, sole negligence, or sole willful misconduct of the city, its agents, officers, or employees. This indemnification requirement shall be included in every franchise agreement.

(Ord. 732B §1(part), 2003)

8.06.300 - Insurance.#

(a) Each franchisee shall maintain, at its own expense, insurance coverages, as provided in the franchise agreement or as established from time to time by the administrator. All such insurance shall remain in effect, uninterrupted, through the term of the franchise agreement.

(b) Minimum insurance coverage shall include the following items, in amounts to be determined by the administrator: comprehensive general liability and insurance services office covering broad form comprehensive general liability automobile liability; worker's compensation insurance as required by the Labor Code of the state of California and employer's liability insurance.

(c) The city in its capacity as such, its officers, agents and employees shall be named as primary insureds in such policies. All such policies shall contain a provision requiring that written notice be mailed to the administrator by the insurer not less than 30 days in advance of the cancellation, modification or reduction of the insurance, or failure to renew such insurance, whether by the insurer or insured, and whether for nonpayment of premium or otherwise. Certificates of insurance shall be filed with the administrator prior to the issuance of any permit.

(d) Any act, omission or circumstance which results in the holder of a franchise being out of compliance with the requirements of this section during the term of the franchise shall constitute grounds for the immediate suspension of the franchise, without advance notice or hearing, pending re-establishment of compliance by the franchisee with the requirements of this chapter.

(Ord. 732B §1(part), 2003)

8.06.310 - Rules and regulations.#

(a) The collection and subsequent transportation and disposal of commercial debris within the city is under the supervision of the administrator who shall have the power to promulgate rules and regulations regulating such collection and subsequent transportation and disposal, including but not limited to:

(1) Commercial debris generation, storage, recycling, recovery, accumulation, collection, removal, transportation and disposal;

(2) The manner in which commercial debris collection and recycling services are provided;

(3) Types of commercial debris and recycling containers and vehicles used therefor;

(4) The operation and maintenance of sanitary methods of commercial debris disposal.

The administrator shall have the power to establish and impose fines for violations of any of the rules and regulations.

(b) A copy of the rules and regulations and all amendments thereto shall be sent by registered or certified mail, postage prepaid, to all affected franchisees addressed to their last place of business. To the extent not otherwise provided by law, it is unlawful for a franchisee to collect and subsequently transport or dispose of commercial debris contrary to any regulation, order, permit or requirement promulgated by the administrator.

(c) All such rules and regulations shall be consistent with the provisions of this chapter and shall be effective on the thirtieth day following the filing of any such rules and regulations with the city clerk.

(d) Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the city clerk. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the city clerk shall schedule the appeal for a public hearing by the city council, notice of which shall be given in the manner prescribed by Section 8.06.240 of this chapter. At the conclusion of the public hearing, the city council shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The city council determination in this regard shall be final.

(e) Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the city council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision that rescinds or modifies the regulation shall apply prospectively.

(f) It is unlawful and constitute a violation of this chapter for any person to violate or otherwise fail to comply with any rule or regulation issued pursuant to this section.

(Ord. 732B §1(part), 2003)

8.06.320 - Vehicle inspection and tags.#

(a) All vehicles and other equipment used in the collection and subsequent transportation, and disposal of commercial debris in the city shall be inspected as often as the administrator deems necessary and at such times and places as shall be designated by the administrator. No vehicle shall be used in the collection and subsequent transportation, and/or disposal of debris waste within the city unless it carries a current, unrevoked tag or decal issued by the city authorizing such activity. The administrator shall provide for each vehicle operated by franchisee, a durable tag or decal upon payment of the applicable fee. Such tag or decal shall be securely fastened and maintained by the franchisee on each vehicle so as to be clearly visible. The administrator may suspend the tag or decal of any vehicle that fails to meet the requirements of this section, and such vehicle shall not be used for the collection and subsequent transportation or disposal of refuse until the tag or decal has been reinstated by the administrator. In the event any vehicle fails to meet the requirements of this chapter, or in the event any vehicle becomes temporarily or permanently inoperable or unavailable, the franchisee may transfer the vehicle's tag or decal to another vehicle to be operated by franchisee, which vehicle has passed inspection and does meet the requirements of this section. The franchisee must notify the administrator of any changes to its vehicles or tags.

(b) All trucks and containers used in the collection, removal, transportation or storage of commercial debris in the city shall be subject to inspection by the public works department for the purpose of determining whether or not the trucks and containers comply with California Code of Regulations, Title 14, Sections 17341 through 17345.

(Ord. 732B §1(part), 2003)

8.06.330 - Vehicle requirements.#

(a) The bodies of vehicles used in the collection, removal or transportation of commercial debris in the city shall have beds of metal or other impervious material which can be cleaned, and shall otherwise be of a type approved by the public works department adopted pursuant to the California Code of Regulations, Title 14, Section 17341.

(b) The public works department shall be authorized to issue administrative regulations pertaining to specifications for vehicles and containers, the cleansing and disinfection thereof, and other sanitary measures in connection therewith.

(Ord. 732B §1(part), 2003)

8.06.340 - Covered load requirement.#

All franchisee vehicles shall have their vehicle loads covered, with a tarp or equivalent

Chapter 8.06 - Franchises#

8.06.350 - Rights reserved to the city.#

In addition to all other rights reserved to the city under this chapter, the following shall apply:

(1) There is reserved to the city every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the city, whether enacted before or after the effective date of the ordinance codified in this chapter.

(2) Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the city.

(3) The grantee shall have no recourse whatsoever against the city, its officers, employees, or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued under this chapter or because of the enforcement of this chapter.

(4) There is expressly reserved to the city the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the grantee and the power and authority to increase the franchise fees to be paid by the grantee pursuant to Section 8.060.160 of this chapter.

(Ord. 732B §1(part), 2003)

8.06.360 - Other franchise provisions.#

(a) The city council may expand or contract the scope of franchise agreements over time due to changes in law or interpretations of law.

(b) The administrator, or his designee, shall have the right to inspect franchisee's records for purposes of determining reporting requirements. The administrator may also inspect franchisee's records to determine proper calculation and payment of franchise fees. The administrator will provide franchisee with at least three days advanced written notice of its intent to inspect any of franchisee's records.

(c) The administrator retains the right to terminate or suspend the agreement, as provided in the franchise agreement.

(Ord. 732B §1(part), 2003)

8.06.370 - Violations.#

Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of terms and conditions established in connection with franchises issued pursuant to this chapter, shall constitute a misdemeanor. Any person, whether as principal, agent, employee or otherwise, who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000.00 or imprisoned for not more than six months in the county jail, or both. Each day such violation continues shall be considered a separate offense.

(Ord. 732B §1(part), 2003)