[Ord. No. 564 §3, 12-19-1962]
It shall be unlawful for any person to use any land, premises
or property within the City for the dumping or disposal of any garbage,
refuse or other waste materials of any kind, without first making
application for and securing a permit so to do.
[Ord. No. 564 §3(1), 12-19-1962]
The application for a permit to operate a private dump or sanitary
landfill shall be filed with the Enforcement Officer and shall contain
a description and plat of the land on which the disposal of refuse
is proposed, a description of the sequence and plan of operation,
availability of and equipment for water supply, type and capacity
of equipment to be used for operations, plans for fire, nuisance and
vermin control, existing and proposed roadways and easements, existing
topography and watercourses, together with a diagram and written statement
explaining the proposed location and extent of earthwork and fill
operations, proposed equipment and estimated daily or weekly volume
of garbage and refuse, facts which show that public convenience and
necessity and the public health and general welfare of the people
of the City require the granting of a permit to the applicant, and
such other information as may be required by the Council. Copies of
the application shall be forwarded by the Enforcement Officer to the
Planning Commission for its study and recommendation.
[Ord. No. 564 §3(1), 12-19-1962]
The Enforcement Officer shall examine the premises to determine
whether public convenience and necessity require the granting of the
permit to the applicant and whether the granting of the permit to
the applicant is to the best interest of the City and whether the
granting of the permit to the applicant would violate the health regulations
of the City or would, in any way, create a hazard or menace to the
public health or would in any way, create a nuisance to the people
of the City, and shall make a report giving his recommendations to
the Council and shall submit a copy of his report to the Planning
Commission.
[Ord. No. 564 §3(1), 12-19-1962]
The Planning Commission shall make a report to the Council as
to whether the granting of the permit in the location described in
the application would be a violation of the zoning regulations of
the City and shall submit a copy of this report to the Health Officer.
The Planning Commission shall also report to the Council as to the
effect of such proposed use upon the character of the neighborhood,
the traffic conditions, public utility facilities and other matters
pertaining to the general welfare, and shall advise the Council as
to whether public convenience and necessity require the granting of
a permit to the applicant.
[Ord. No. 564 §3(1), 12-19-1962]
A.
In
determining whether public convenience and necessity require the issuance
of a permit to the applicant, both the Enforcement Officer and the
Planning Commission shall consider such matters as:
1.
The number of dumps and sanitary landfills necessary for the entire
City.
2.
The locations best suited to serve the entire City.
3.
The length of time that a proposed location can be expected to be
used as a dump or sanitary landfill for the best interests of the
people of the City.
4.
The possible effect on the area in the vicinity of the proposed dump
or sanitary landfill.
[Ord. No. 564 §3(1), 12-19-1962]
Before submitting their reports to the Council, the Planning
Commission and the Enforcement Officer shall notify in writing all
persons holding permits under this Chapter and, if requested in writing
by any such person within seven (7) days from the date of the mailing
of the notice to the last known address of the permittee, shall hold
a joint public hearing on the question of whether public convenience
and necessity and the public health and general welfare of the people
of the City require the issuance of a permit to the applicant. The
entire proceeding and testimony offered at such joint public hearing
shall be transcribed by a reporter and the transcription thereof shall
be transmitted to the Council.
[Ord. No. 564 §3(1), 12-19-1962]
After the hearing, the Enforcement Officer and the Planning
Commission shall submit their reports and recommendations to the Council,
including the above-mentioned transcript, stating the reasons they
recommend that the application be granted or denied and shall send
a copy thereof to the applicant and to any person who has requested
in writing a hearing on the application as hereinabove set forth.
The Council shall then consider the reports and recommendations so
transmitted by the Enforcement Officer and the Planning Commission
and if the Council finds that public convenience and necessity, as
well as the public health and general welfare of the people of the
City, require, shall issue a permit to the applicant; otherwise, the
application for a permit shall be denied and the City Clerk shall
be instructed to notify the applicant.
[Ord. No. 564 §3(1), 12-19-1962]
A.
Such
permit shall be issued by the Council upon payment of an annual fee
of two hundred dollars ($200.00) payable to the City and upon delivery
to the City of a cash or corporate bond in the amount of one thousand
dollars ($1,000.00).
B.
Said
cash or corporate bond shall run to the City and shall be conditioned
as follows:
1.
That the permittee, his agents and servants, will comply with all
of the terms, conditions, provisions, requirements and specifications
contained in this Chapter.
2.
That the permittee, his agents and servants, will faithfully operate
the dump or landfill for which the permit is issued in accordance
with the provisions of this Chapter.
3.
That the permittee, his agents and servants, will save harmless the
City from any expense incurred through the failure of the permittee,
his agents and servants, to operate and maintain the dump or landfill
as required by this Chapter including any expense the City may be
put to for correcting any condition or violation of this Chapter by
the City's own labor and equipment, whenever the Enforcement Officer
determines it is necessary for the City to correct any unhealthy condition
or conditions violative of this Chapter or from any damages growing
out of the negligence of the permittee or his agents or servants.
C.
Before
acceptance all bonds shall be approved by the Council. If a corporate
bond is offered, it shall be executed by a surety or guaranty company
qualified to transact business in the State. If a cash bond is offered,
it shall be deposited with the City Clerk, who shall give his official
receipt therefor, reciting that said cash has been deposited in compliance
with and subject to the provisions of this Chapter.
[Ord. No. 564 §9, 12-19-1962]
Any permit granted hereunder may be revoked or suspended at
any time for the failure to pay the license fee or the cost of correcting
hazardous conditions, as herein set forth, or whenever in the opinion
of the Enforcement Officer the continuance of the landfill or other
means of final disposal of refuse would endanger the health, welfare
or safety of the public; provided, no such permit shall be revoked
or suspended except for failure to pay the fee, or the cost of correcting
hazardous conditions as herein provided except after public hearing
before the Council after the notice of said hearing, and the purpose
thereof shall have been sent to the permit holder at least ten (10)
days prior to the date of said hearing, at which hearing any person
interested in said landfill shall have the right to be heard.
