[CC 1985 §17-21; Comp. Ords. §14.05(4.2), (6.1)]
No person shall engage in the business of collecting, transporting,
processing or disposing of solid waste within the City limits without
first obtaining a license therefor from the City; provided however,
that this provision shall not be deemed to apply to employees of the
holder of any such license, nor shall licenses be required for the
removal, hauling or disposal of earth and rock material from grading
or excavation activities.
[CC 1985 §17-22; Comp. Ords. §14.05(6.3)]
A.
Each
applicant for license under this Article shall state in his/her application
therefor:
1.
The nature of the license desired as to collect, transport, process
or dispose of solid waste or any combination thereof;
2.
The characteristics of solid waste to be collected, transported,
processed or disposed;
3.
The number of solid waste transportation vehicles to be operated
thereunder;
4.
The precise location or locations of solid waste processing or disposal
facilities to be used;
5.
The boundaries of the collection area;
6.
Such other information as required by the City.
[CC 1985 §17-23; Comp. Ords. §14.05(6.2)]
A.
No
license shall be issued under this Article until and unless the applicant
therefor, in addition to all other requirements set forth, shall file
and maintain with the City Clerk evidence of a satisfactory public
liability insurance policy, covering all operations of such applicant
pertaining to such business and all vehicles to be operated in the
conduct thereof, in the amount of not less than one million dollars
($1,000,000.00) combined single limit.
B.
Should
any such policy be canceled, the City Clerk shall be notified of such
cancellation by the insurance carrier in writing not less than ten
(10) days prior to the effective date of such cancellation and provisions
to that effect shall be incorporated in such policy, which shall also
place upon the company writing such policy the duty to give such notice.
[CC 1985 §17-24; Comp. Ords. §14.05(6.4), (6.5)]
A.
If an application for a license under this Article shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the State and this Chapter, the City Clerk shall issue the license. The permit shall be issued for a period of one (1) year and each applicant shall pay therefor a fee in the amount provided in Section 605.050.
B.
If,
in the opinion of the City Clerk modifications can be made to the
application regarding service, equipment or mode of operation so as
to bring the application within the intent of this Chapter, the Board
shall notify the applicant in writing setting forth the modification
to be made and the time in which it shall be done.
C.
If the applicant does not make the modifications pursuant to the notice in Subsection (B) within the time limit specified therein or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Clerk in writing, stating the reason for such denial.
D.
Nothing
in this Section shall prejudice the right of the applicant to reapply
after the rejection of his/her application, provided that all aspects
of the reapplication comply with the provisions of this Chapter.
[CC 1985 §17-25; Comp. Ords. §14.05(6.10)]
All motor vehicles operating under any license required by this
Article shall display the numbers thereof on each side in colors which
contrast with that of the vehicle, such numbers to be clearly legible
and not less than three (3) inches high. Each license for processing
or disposal facilities shall be prominently displayed at the facility.
[CC 1985 §17-26; Comp. Ords. §14.05(6.6)]
Any license under this Article may be renewed simply upon payment of the fee designated in Section 605.050 if the business has not been modified. If modifications have been made, the applicant shall reapply for a license as set forth in Sections 230.060 and 230.070. No licenses authorized by this Article shall be transferable from person to person.
[CC 1985 §17-27; Comp. Ords. §14.05(6.11)]
The City Clerk shall have the right to inspect the books and
records of any permittee for the purpose of determining whether the
owners, occupants or persons occupying any premises within the City
are complying with the terms of this Article. In the alternative,
a permittee may submit a list of his/her customers within the City
when requested by the City Clerk or his/her designated agent.
[CC 1985 §17-28; Comp. Ords. §14.05(6.7)]
In order to insure compliance with the laws of this State, this
Chapter and the rules and regulations authorized herein, the City
Clerk is authorized to designate an inspector to inspect all phases
of solid waste management within the City. No inspection shall be
made in any residential unit unless authorized by the occupant or
by due process of law. In all instances where such inspections reveal
violation of this Chapter, the rules and regulations authorized herein
for the storage, collection, transportation, processing or disposal
of solid waste or the laws of the State, the City Clerk shall issue
notice for each such violation stating therein the violation found,
the time and date and the corrective measure to be taken, together
with the time in which such corrections shall be made.
[CC 1985 §17-29; Comp. Ords. §14.05(6.8)]
In all cases, when the corrective measures ordered pursuant to Section 230.120 have not been taken within the time specified, the City shall suspend or revoke the license involved in the violation; provided however, that in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
[CC 1985 §17-30; Comp. Ords. §14.05(6.9)]
Any person who feels aggrieved by any notice of violation or
order issued pursuant thereto of the City may, within ten (10) days
of the act for which redress is sought, appeal directly to the Municipal
Court, in writing, setting forth in a concise statement the act being
appealed and the grounds for its reversal.
