§ 9-56-26. Private collection permits.

A.

Application. Any person desiring to secure a permit for the private collection of solid waste or industrial waste by either a licensed private collector or a special private collector on and after July 1, 1968, shall submit an application therefor to the director of solid waste. The application shall contain the following information:

1.

Private collector's name, home address, business address and telephone numbers. This includes information as to persons doing business under fictitious names, members of partnerships, and officers of corporations or associations;

2.

A list of equipment intended to be used by the private collector within the city, including a full description thereof;

3.

The rates or charges to be imposed for private collection;

4.

The date upon which the applicant desires the permit to be issued;

5.

Proof of public liability insurance issued by a company authorized to do business in the state in the amount of $100,000.00 for death or injury to any one person in one accident, $300,000.00 for death or injury to more than one person in any one accident and $50,000.00 property damage;

6.

Such other and further information as the director may require.

B.

Investigation and issuance. The director shall cause such investigation to be made of the facts stated in the application and, if verified, shall without delay advise the collector of licenses and privileges to issue the private collector's permit upon payment of the fee.

C.

Effective period and fee. The private garbage collection permit shall be effective for the fiscal year beginning on July 1 until the next ensuing June 30, on and after which date it shall be null and void. The licensed private collector shall pay an annual fee of $240.00, which fee shall be prorated and paid at the rate of $20.00 per month, in advance, to the director of solid waste. The fee for a special permit issued to a private collector whose sole collection is a location owned by the private collector shall be $26.00 per annum payable annually in advance, to the director of solid waste.

D.

Conditions of issuing permit. The director may impose conditions upon the issuing of a permit reasonably calculated to eliminate excessive noise, scattering of dust and dirt, scattered materials, and similar nuisances, and to prevent obstruction of public streets and interference with traffic.

E.

Rules and regulations. The director may make rules and regulations for the identification of private collectors and their equipment. Every private collector shall keep such records, receipts, invoices, and other pertinent papers in such form as the director may require which shall be open to inspection by the city.

F.

No vested right or property interest acquired—Suspension or revocation—Notice—Hearings.

1.

No vested right or property interest is acquired by the issuance to a licensed private collector of an annual permit or through a special permit issued to a licensed collector whose sole collection is a location owned by the private collector. Nor is there any vested right or property interest acquired by the issuance of a location permit to a particular location to be picked up by a licensed private collector, but the annual permit or location permit may be suspended or revoked when it shall appear:

a.

That any of the conditions thereof are being violated;

b.

That the permit is being exercised in violation of this article or any ordinance or statute;

c.

That the permit is being used for a purpose detrimental to public health, morals, peace and order or is being used for a purpose foreign to that for which the permit was issued;

d.

For the nonpayment of the annual permit fee, the nonpayment of the location fee or the nonpayment of any moneys rightfully due and payable to the city;

e.

That the application contains falsehoods;

f.

That the equipment being used by the private collector for collection or the containers used fail to meet the health and safety standards established by the city, state or federal government.

2.

Ten days' written notice of suspension or revocation shall be given. Within such period of time the collector may ask for a hearing before the director. If no request for a hearing is made, the suspension for the period listed or the revocation shall be final. Hearings before the director shall be conducted informally, may be continued, and his or her decision shall be rendered within five days after the close of such hearing. The decision of the director in regard to the issuance, suspension or revocation of private collection permits shall be appealable to the city council under such rules and regulations as established by the council.

G.

Payment bond. The city shall require of each private collector a bond to secure the payment of location permit fees, inspection fees and sanitary fill or landfill fees. Such bond shall be in an amount determined by the director to be the average amount due from the private collector of such fees for a three-month period, and shall be based upon the director's estimate of such fees from the location permits submitted by the private collector and approved by the director. The director is authorized to increase or decrease the bond from time to time, at his or her discretion, as the number of location permits increase or decrease by the private collectors.

(Ord. No. 5707, § 15-26, 9-25-2018)