The fee for a recycling facility permit shall be as provided in section A20.12.001 of the fee schedule in appendix A to this code.
(Ordinance adopting Code)
It is unlawful and it shall be a misdemeanor for any person to do any action forbidden or fail to do any act required by this division, and upon conviction such person may be fined in an amount not to exceed that in section 1.01.009 of this code. Each day a violation is committed or permitted to continue shall constitute a separate offense. Unless specifically required herein, no mental element need be present to constitute an offense under this division.
(1990 Code, sec. 4.913)
A person, partnership, firm, corporation, joint venture, entity
or individual who engages in the business of collecting recyclable
materials or after-market materials or post-consumer materials for
the purpose of recycling, remanufacture or resale for recycling or
remanufacture and such collection is made from the premises of the
original consumer of the items, then in such event such person, partnership,
firm, corporation, joint venture, entity or individual shall be required
to obtain and maintain a license from the city for such purpose and
pay a license fee as set forth hereinafter. The license shall permit
the person, partnership, firm, corporation, joint venture, entity
or individual to go from place to place within the city by use of
city streets and rights-of-way to collect recyclable materials.
(1990 Code, sec. 4.901)
A person, partnership, firm, corporation, joint venture, entity
or individual desiring to obtain a license for recycling collection
services within the city shall file a verified application with the
city secretary, which application shall provide the following information:
(1)
Name of applicant;
(2)
Address;
(3)
Telephone number;
(4)
Facsimile number;
(5)
(6)
If a partnership: name, address and telephone number of each partner;
(7)
Detailed description of equipment to be used in the city to conduct
business;
(8)
Description of identification scheme to be employed for equipment,
vehicles and uniforms;
(10)
Copy of any court document reflecting pending complaint or indictment
or the conviction of any offense of the grade of state jail felony
or felony of any person whose name and address is required to be given
above;
(11)
Whether the applicant has filed for protection under federal bankruptcy
laws within the past 10 years;
(12)
Proof of payment of taxes;
(13)
A statement of public necessity and convenience that requires the
granting of such license.
(1990 Code, sec. 4.902)
A person, partnership, firm, corporation, joint venture, entity
or individual is disqualified from licensure under this division if
the person, partnership, firm, corporation, joint venture, entity
or individual, its manager, owner, majority stockholder or a partner
of it has been convicted of an offense of the grade of state jail
felony or felony, or if the applicant:
(1)
Fails to provide proof of insurance required above;
(2)
Fails to provide any information required in the application;
(3)
Fails to verify the application;
(4)
Provides false information in the application;
(5)
Has filed for bankruptcy or made an assignment for the benefit of
creditors within the ten (10) years immediately preceding the filing
of the application.
(1990 Code, sec. 4.903)
(a)
Upon receipt of a completed application, a public hearing shall be
held by the city council. Upon proof by substantial evidence of all
prerequisites to the issuance of a license and proof of no disqualifications
to issuance of a license, the city council may issue a license to
an applicant.
(b)
Denial of a license by the city council shall be final. Further appeal
may be made to a district court of the county for review of evidence
presented and the decision of the city council. Judicial review must
be initiated by the filing of a petition with the district court within
thirty (30) days after the decision of the city council.
(1990 Code, sec. 4.904)
A license granted under this division may be suspended by the
city manager, or his designee, upon proof of any of the following:
(1)
Failure to pay, before delinquency, taxes to the city, Greenville
Independent School District, the county or Hunt Memorial Hospital
District;
(2)
Failure to pay, before delinquency, fees due pursuant to issuance
of a license under this division;
(3)
Failure to timely file reports required under this division;
(4)
Being the debtor in any bankruptcy action;
(5)
Executing an assignment for the benefit of creditors;
(6)
Transfer or assignment of the license issued under this division;
(7)
Failure to prevent the scattering of collected materials along the
rights-of-way or in public places within the city;
(8)
Failure to maintain in effect the requisite insurance coverage;
(9)
Conviction of any person named in the application, while such person
is connected to or associated with the licensee, of an offense of
the grade of state jail felony or felony;
(10)
Falsification of any information required in the application for
license;
(11)
Failure to comply with any federal, state or local statute, law,
ordinance, rule or regulation.
(1990 Code, sec. 4.905)
(a)
Every suspension or revocation order shall be in writing, dated,
and shall state the reason for such suspension or revocation. In cases
of suspension, the notice shall specify the term of the suspension.
Such notice shall be sent to the licensee immediately by certified
mail or shall be immediately delivered personally to the licensee.
(b)
A licensee whose license has been suspended or revoked may, within
ten (10) days after the date of notice, submit to the city manager
a written request for a hearing to show cause as to why the license
should not be suspended or revoked. Such written request may also
contain a request for reinstatement of the license pending the hearing.
An order of suspension or revocation shall be effective as of the
date of the written notice unless a reinstatement pending hearing
is granted by the city manager.
(c)
A request for hearing and reinstatement shall stay the suspension
or revocation unless the city manager issues a written denial of reinstatement
stating why, in his or her opinion, a reinstatement would cause imminent
peril to life or property. In such case, proceedings shall not be
stayed except by a restraining order issued in accordance with applicable
law and upon due cause shown.
(d)
Following the show cause hearing requested by a licensee, the city
manager may order the license to be suspended or revoked, or may cancel
the suspension or revocation. The decision shall be in writing, dated
and sent to the licensee by certified mail or in person within fourteen
(14) days of the hearing.
(e)
An order of suspension or revocation by the city manager after hearing
shall be final and shall exhaust administrative remedies. Further
appeal may be made to a district court of the county for review of
the evidence presented and the decision of the city manager. Judicial
review must be initiated by the filing of a petition with the district
court within thirty (30) days after the city manager’s decision
is final and appealable.
(1990 Code, sec. 4.906)
(a)
Any person, firm or corporation wishing to engage in the collection
or handling of recyclables within the city shall obtain a contract
with the city. No such contract shall be for a term of more than five
(5) years. Said contract shall automatically be extended for an additional
five-year period unless the city notifies the contractor, in writing,
that the contract/franchise will not be extended past the original
expiration date. This notice shall be given a minimum of one (1) year
prior to the original expiration date.
(b)
Any such contract shall provide that all accounts for the collection
or handling of recyclables within the city shall be billed and collected
by the utility department of the city.
(c)
Any such contract shall further provide that compensation shall be
an amount equal to the amount billed in accordance with the recyclable
collection fee schedule less five percent (5%), which will be retained
by the city for billing and collection expenses, less three percent
(3%) of the balance for a license fee.
(d)
Any such contract shall provide that the contractor shall obtain
and maintain workers’ compensation insurance, comprehensive
motor vehicle and premises liability insurance, and any other insurance
coverage as may be required by the city, with minimum limits of coverage
to be set by the city.
(e)
Any such contract shall further provide that the contractor may transfer
or assign the right and obligations arising under the contract only
with the prior written consent of the city council.
(f)
Any such contract shall further provide that in the event the contractor
shall become bankrupt, the city may, at its option, cancel and terminate
the contract in the manner and by the method provided therein.
(g)
Any such contract shall further provide that the contractor shall
be deemed to be an independent contractor and not an agent or employee
of the city, and that the contractor shall indemnify and save the
city harmless from any and all lawsuits that may proximately result
against the city by, through, or under the provisions of the contract.
(h)
Any such contract shall further provide that the city manager shall
be responsible for the administration of the contract for and on behalf
of the city.
(i)
Any such contract shall further provide that in the event of breach
of any provisions contained therein or embodied therein by reference
by the contractor, the city may, subject to the revisions thereof,
terminate and cancel the contract.
(j)
The provisions of this section shall not apply to a person, firm
or corporation engaged in the disposal of construction debris within
the city.
(1990 Code, sec. 4.907)
A report reflecting the gross receipts of the licensee for activities
authorized by this license within the city limits shall be filed with
the director of finance for the city on or before the tenth day of
each month following the close of each calendar quarter.
(1990 Code, sec. 4.908; Ordinance
adopting Code)
During regular business hours of the licensee, at the expense
of the city, the city shall have the right to review the licensee’s
books and records, as they relate to the licensed activity, to determine
the accuracy of the license fee payments.
(1990 Code, sec. 4.909)
Licensee assumes all risk of loss or injury to property or persons
arising from any of its operations under this agreement, and agrees
to indemnify and hold harmless the city from all claims, demands,
suits, judgments, costs or expenses, including attorney’s fees,
arising from any such loss or injury. It is expressly understood that
the foregoing provisions shall not in any way limit the liability
of the licensee. Licensee agrees to carry the types of insurance in
minimum limits as follows:
|
Coverage
|
Limits of Liability
|
|---|---|
|
Commercial general liability
|
$500,000.00 per occurrence
|
|
|
$ 1,000,000.00 aggregate
|
|
Automobile liability
|
$ 250,000.00 per occurrence
|
|
|
$1,000,000.00 aggregate
|
|
Employer’s liability
|
$ 250,000.00 per occurrence
|
|
|
$ 500,000.00 aggregate
|
|
Workers’ compensation
|
Statutory workers’ compensation coverage
|
|
Umbrella coverage
|
Not less than $1,000,000 per occurrence combined single limit
for bodily injury and property damage.
|
(1990 Code, sec. 4.910)
The licensee shall assume all liability and responsibility for
all costs of repair of public streets, bridges, rights-of-way, and
other facilities that it damages in connection with the operation
of the licensed activity.
(1990 Code, sec. 4.911)
This license is nontransferable and may not be assigned by licensee,
except upon prior written consent of the city council.
(1990 Code, sec. 4.912)
