§ 9-56-25. Private collection authorized and regulated.

The director shall authorize the private collection of solid waste for a particular location only as hereinafter provided:

A.

Except as allowed under subsection E. of this section, the director shall not authorize the private collection of solid waste from: (i) single-family, duplex, triplex, quadruplex residences and boardinghouses on dedicated city streets; or (ii) mobile homes. Any private collection fees shall be paid by the city and the city shall contract for the private collection.

B.

The director may authorize the private collection of solid waste for apartment units of seven units or less, churches and institutions by the issuance of a location permit upon the application by a licensed private contractor, on the authority of the person in possession or control of the premises or his or her agent, whenever the director shall determine it is uneconomical for the city to provide collection or the city cannot give adequate service and a private collector can give adequate service. The collection shall be by a private garbage collector licensed under this article and suitable to the occupant of the premises.

The director, in considering whether it is economical for the city, shall take into consideration the location of the establishment, the solid waste collection routes, the available manpower, the equipment and manpower necessary for removal, times and cost studies by the city and all such other factors as may be necessary and proper to determine if it is economical or uneconomical for the city to provide such collection. In determining whether the city can give adequate collection service upon a request for a location permit, the director shall consider the feasibility of collection, the building design, city-owned equipment available and whether the location can best be served by containerized equipment and such other factors as the director may deem appropriate.

C.

The director shall authorize the private collection of solid waste from commercial establishments, governmental agencies and from industrial establishments by the issuance of a location permit, upon the application by a licensed private contractor, on the authority of the person in possession or control of the premises, or his or her agent, whenever the director shall determine that a private collector can give adequate service. The collection shall be by a private collector defined under this article and suitable to the occupant of the premises.

D.

The director shall authorize the private collection of solid waste from apartment buildings and complexes of eight units or more by the issuance of a location permit, upon the application by a licensed private contractor, on the authority of the person in possession or control of the premises whenever the director shall determine that a private collector can give adequate service. The collection shall be by a licensed private collector defined under this article and suitable to the occupant of the premises, who has obtained a special apartment permit for the collection of apartments.

A special apartment permit for the collection of apartments shall be issued by the director only to licensed private collectors who have obtained a permit for private collection under this article and in addition have signed an agreement with the city to handle any apartments where application is made for their services. Any owner of an apartment building or complex who contends he or she has been unable to obtain private collection services may apply to the director for private collection and the licensed private collectors shall agree that such apartment units may be assigned by the director to the private collectors, on a rotating basis, for collection at the standard rates filed with the director; that is, the rates for each pickup and furnishing of containers, where applicable. The director shall have the authority to revoke immediately the special apartment permit for the handling of apartments of any private collector violating his or her agreement with the city.

E.

When private collection services are considered to be in the public interest, the director may require that such services be provided by a licensed private collector. Private collection services are considered in the public interest if the director determines the structural dimensions, turn radiuses and load bearing capacities of any property does not permit public collection services. The director may also determine private collection services are considered to be in the public interest for economic reasons based on the factors set forth in subsection B. of this section, but any private collection services authorized by the director for economic reasons shall not permit any private collection service fees being charged to any of the dwelling units identified in subsection A. of this section.

(Ord. No. 5707, § 15-25, 9-25-2018)