For the purpose of this chapter, the following words, terms,
and phrases shall be defined as follows:
"Construction"
means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility
or structure.
"Construction and demolition debris" or "C&D"
means used or discarded materials resulting from construction,
remodeling, repair, or demolition operations on any pavement, house,
commercial building, or other structure and such other materials as
may be removed during the normal cleanup process of such construction,
remodeling, repair, or demolition operations.
"C&D franchisee"
means a construction and demolition debris box hauler that
has been granted a Non-Exclusive Construction and Demolition Debris
Box Franchise by the City.
"C&D generator"
means a residential or commercial entity that produces C&D.
"C&D project"
means a project that requires a building or demolition permit
and produces C&D.
"Demolition"
means the decimating, razing, ruining, tearing down or wrecking
of any facility, structure, pavement or building, whether in whole
or in part, whether interior or exterior.
"Divert"
means to use material for any purpose other than disposal
in a landfill or transformation facility.
"Recycling"
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become solid waste,
and returning them to the economic mainstream in the form of raw material
for new, reused, or reconstituted products which meet the quality
standards necessary to be used in the marketplace.
(Ord. 3586 § 3, 2002)
The following services are excluded from the non-exclusive construction
and demolition franchise requirements:
(A) Self
haul materials, which are generated by a residential or commercial
entity and delivered by that entity directly to a recycling facility,
transfer station or disposal facility.
(B) Recyclables
collection services, provided that at least 90 percent of each load
is actually recycled, and not disposed of.
(C) Removal
of materials from a premises by a contractor as an incidental part
of a gardening, landscaping, tree trimming, cleaning, maintenance,
construction or similar service offered by that contractor rather
than as a hauling service, provided that the hauling is performed
by the contractor itself and not a subcontracted hauling company.
(D) Removal
of construction and demolition debris from a construction site by
the construction contractor, provided that the hauling is performed
by the contractor itself and not a subcontracted hauling company.
(Ord. 3586 § 3, 2002)
The franchise agreement authorized by Section
9-14.020 shall provide, but not be limited to:
(A) Non-Exclusive
Right of Franchisee. The agreement shall provide that the franchisee
is granted a non-exclusive franchise to provide construction and demolition
debris collection service within the City.
(B) Franchise
Fee. The agreement shall provide that the franchisee shall be required
to pay to the City a franchise fee in the amount of nine percent of
the gross revenues generated by the franchisee from services performed
within the City on the dates specified in the agreement. The Council
shall retain the power, by resolution, to amend the amount of the
franchise fee as the Council deems necessary to protect the interests
of the City.
(C) Public
Liability Insurance. The agreement shall provide that the franchisee
shall carry public liability insurance in amounts determined by the
City, for the death or injury of one or more persons and for property
damage. Such insurance shall name the City, its officers, agents and
employees as additional insureds.
(D) Recycling
Requirement. The agreement shall provide that the franchisee shall
be required to recycle 65 percent of all construction and demolition
debris collected within the City and provide penalties for failure
to comply with this provision.
(E) Performance
Standards. The agreement shall specify standards of performance that
the franchisee shall be required to comply with as determined by City
to insure protection of the public health, safety and welfare.
(F) Additional
Terms and Conditions. The Council shall retain the power, by resolution,
to provide for the inclusion in such agreement of such additional
terms and conditions as the Council deems necessary to protect the
interests of the City.
(Ord. 3586 § 3, 2002; Ord. 2021-013 § 2)
The City Manager shall have the authority to supervise the operations
of the franchisee and the collection of construction and demolition
debris.
(Ord. 3586 § 3, 2002)
The Council may, by resolution, or an approved franchise agreement,
place a limit on the rates, fees and charges (collectively "fees")
franchisees may charge to their customers within the City. No franchise
shall charge any fee which is greater than the maximum permitted by
the Council, unless otherwise authorized in this chapter.
(Ord. 3586 § 3, 2002)
It shall be unlawful for any person or entity to provide construction and demolition debris collection services within the City without obtaining a franchise as required under subsection
(A) except as provided in Section
9-14.030. Violation of this provision shall constitute a misdemeanor.
(Ord. 3586 § 3, 2002)