No person shall collect, transport or use refuse in an unincorporated area of the county without first receiving a franchise or permit to engage in such activity. The provisions of this section shall not apply to commercial garden rubbish or to any person transporting refuse from his own premises as provided by Section 9.08.030.
(Ord. 714, 1974; Ord. 734, 1974; Ord. 1589 § 3, 1997)
A. 
The board at its option, either with or without competitive bidding, shall grant a franchise for the collection of refuse in each franchise area.
B. 
Each franchise shall be exclusive within the area designated and for a period to be determined by the board, being more particularly stipulated in the franchise agreement, in accordance with state law.
C. 
Prior to the award of a franchise, and prior to its anniversary date each year afterward, each franchise holder, along with their annual report, shall file a statement of ownership, operational capability and financial support and shall verify the same as being true and correct under penalty of perjury. The statement shall be in such form as may be prescribed by the department.
D. 
Within his franchise area, the holder of a franchise shall have the exclusive right to make all collections of refuse required by this chapter, and Chapters 9.04 and 9.08, except for that which is regulated in this chapter by permits.
E. 
The franchise holder shall dispose of all refuse collected as a result of collections required by this chapter, and Chapters 9.04 and 9.08, at a landfill site or transfer station designated by the board.
(Ord. 714, 1974; Ord. 1080, 1982; Ord. 1589 § 3, 1997)
To provide for the costs of administration and enforcement of this chapter, and Chapters 9.04 and 9.08, and other laws and ordinances pertinent to solid waste collection, the board may require the franchise holder, to pay to the county a franchise fee based upon a percentage of gross receipts realized from services performed under the franchise. The board may also provide for an annual franchise fee at a flat rate. The amount of any franchise fee shall be included in any bid specifications or request for proposals and shall be one of the terms of the franchise. The franchise fee may be revised by the board from time to time, after a public hearing thereof and a determination by the board that the change is necessitated by a change in the cost of administration and enforcement and is in the public interest.
(Ord. 714, 1974; Ord. 1080, 1982; Ord. 1589 § 3, 1997)
A. 
All persons, including a franchisee, shall acquire a permit from the department prior to providing any of the following services:
1. 
To provide refuse collection service in the event of failure by a franchise holder to perform in conformance with the franchise, this chapter, and Chapters 9.04 and 9.08, and other applicable laws. The fact of failure to perform is to be determined by the board;
2. 
To provide services solely for the collection and disposal of rubbish, by use of drop boxes.
B. 
Prior to the issuance of any permit, the applicant shall provide evidence of insurance, as stipulated in Section 9.12.110 of this chapter.
C. 
Permits may be granted for any period not to exceed one year. To cover the costs of processing and administering, the department will assess a permit fee of five percent of the gross revenues received for performing the services authorized by said permit.
D. 
Permittee shall submit to the department every six months, a summarized accounting certified by the permittee, of the service performed the previous six months, listing the customers services and the type and amount of refuse collected and disposed for each account. Included with said accounting shall be the payment to the county for the permit fee for the previous six months of activity.
E. 
Every permit granted by the department shall be subject to the provisions of this chapter and Chapters 9.04 and 9.08, and the rules and regulations of the board. The permit shall state:
1. 
The name and address of the person to whom the permit is issued;
2. 
The type of refuse that the permittee is authorized to collect;
3. 
Notification that only drop boxes may be used for the collection of refuse authorized by the permit;
4. 
The term for which the permit is granted;
5. 
Such other conditions as the board or department may provide.
(Ord. 714, 1974; Ord. 1589 § 3, 1997; Ord. 1601 § 2, 1998)
Applicants for a permit to collect or transport refuse shall file with the department a verified application in writing which shall give the following information, and whatever additional information is required by the department:
A. 
Name and description of the applicant;
B. 
Telephone number, permanent home and business address and full local address of the applicant;
C. 
Trade and firm name;
D. 
A description of the activity for which the permit is requested;
E. 
A listing of all equipment to be used in permitted activity;
F. 
Such other facts or information as the department may require.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
A. 
Any franchise granted pursuant to the provisions of this chapter, and Chapters 9.04 and 9.08, may be revoked by the board if the board finds and determines that the person doing business by virtue of such franchise has failed to comply with any of the terms of such franchise, this chapter, and Chapters 9.04 and 9.08, or other applicable laws.
B. 
The director may suspend or revoke any permit granted pursuant to the provisions of this chapter, and Chapters 9.04 and 9.08, if he finds and determines the holder of the permit has failed to comply with any of the terms of the permit or the provisions of this chapter, and Chapters 9.04 and 9.08, or the applicable rules or regulations of the department. Action to revoke or suspend a permit may be taken by the director effective immediately upon notice in writing, mailed to or served upon the holder of the permit, stating the reasons therefor. The holder of the permit shall have five working days from the date of service to appeal such revocation or suspension to the board.
C. 
Notwithstanding the provisions of subsections A and B of this section, the director may suspend, or impose special conditions upon a franchise or permit without prior notice whenever the health officer agrees such action is necessary to preserve and protect the public health and safety.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
The board may, by resolution, establish refuse collection areas in the unincorporated area of the county. The board shall specify in all franchises the collection area within which the franchisee may collect refuse within the county, and no franchisee shall, at any time, collect refuse in the county, outside the limits of the area fixed in the franchise granted to him. The area so specified in any franchise may be modified should the board find such modification necessary for the efficient administration of this chapter, and Chapters 9.04 and 9.08, and wherein such change or modification is deemed to be in the public's best interest. In the event of such modification, the holder of a franchise shall be given a 120 day written notice thereof before it becomes effective. Permits granted under Section 9.12.040 will not be confined to any specific area of the county, excluding incorporated cities, and are unrestricted from servicing in any franchise collection area.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
A franchise holder shall provide refuse removal service to any premises situated within the area specified in his franchise, when such service is requested by the owner or occupant thereof, and shall perform such service in accordance with the terms of his franchise and all ordinances and regulations enacted pertaining thereto.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
A. 
The charge to customers in each franchise area for refuse removal service regulated by a franchise agreement shall not exceed the rate stated in the franchise awarded to each franchisee. In the event of a dispute as to the correctness of such charges, the matter may be submitted to the department for determination. The determination of the department shall be final and binding upon all parties concerned.
B. 
Procedures for adjusting the charge for refuse removal services shall be stipulated in each franchise agreement.
C. 
The charge to customers for permit regulated refuse disposal services shall be negotiated independent of the county.
(Ord. 714, 1974; Ord. 1080, 1982; Ord. 1589 § 3, 1997)
The franchise holder shall report the following to the department:
A. 
All changes in the number of residential units serviced;
B. 
All changes in the number of commercial customers served;
C. 
The gross revenue from all services performed under the franchise.
(Ord. 714, 1974; Ord. 1508, 1994; Ord. 1589 § 3, 1997)
A. 
Each franchise holder shall post with the department a cash bond in the sum to be determined by the board by resolution, or a surety bond in the same amount furnished by a corporation surety authorized to do business in the state, payable to the county. The bond shall be conditioned upon the full and faithful performance of his obligations under the franchise and the provisions of this chapter, and Chapters 9.04 and 9.08. The bond shall be kept in full force and effect at all times during the franchise period. No franchise or permit shall be issued under the provisions of this chapter, and Chapters 9.04 and 9.08, nor shall any such franchise or permit be valid after issuance, unless there is at all times in force and effect to provide protection against liability for damages which may be imposed for the negligence of the franchise or permit holder or his employees or agents, a liability insurance policy or policies approved by the director and issued by an insurance company authorized to do business in the state. Such a policy or policies shall provide protection for the county, the solid waste advisory board, and the solid waste nonprofit corporation as additional insureds against liability of the franchise or permit holder for the payment of damages:
1. 
In the amount of not less than one million dollars ($1,000,000.00), combined single limits (CSL);
2. 
A liability insurance policy required by this section shall insure to the benefit of any persons who are injured or who sustains damage to property proximately caused by the negligence of the franchise or permit holder insured by such policy, his employees or agents.
C. 
Satisfactory evidence that the liability insurance required by this section is at all times in full force and effect shall be furnished to the department by each franchise or permit holder required to provide such insurance.
(Ord. 714, 1974; Ord. 716, 1974; Ord. 1080, 1982; Ord. 1589 § 3, 1997)
The franchise or permit holder shall furnish evidence to county of at least statutory minimum limits of workers' compensation insurance covering the employees.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
No franchise granted pursuant to the provisions of this chapter, and Chapters 9.04 and 9.08, and no ownership interest in any franchise shall be sold, transferred, leased, assigned, mortgaged, pledged, hypothecated, or otherwise encumbered or disposed of in whole or in part, directly or indirectly, whether voluntarily or by operation of law or through any stock transfer, transfer in trust, change in control, consolidation or merger, without the prior written consent of the board. The board may grant or deny such a request and may impose such conditions as it may deem to be in the public interest. Any disposition made without such consent shall constitute good cause for revocation of the affected franchise.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
A. 
In the event the refuse collection of a franchise holder is interrupted by a labor dispute and scheduled collections are discontinued for more than 72 hours, the county shall have the right to forthwith take temporary possession of all facilities and equipment of the franchise holder for the purpose of continuing the service which the franchise holder has agreed to provide in order to preserve the public health and safety. The county shall have the right to retain possession of such facilities and equipment to render the required service, until the franchise holder can demonstrate to the satisfaction of the county that required services can be resumed by the franchise holder, provided, however, that such temporary assumption of the franchise holder's obligations under this franchise shall not be continued by the county for more than 30 days from the date such operations were undertaken. Should the franchise holder fail to demonstrate to the satisfaction of the county that required services can be resumed by the franchise holder prior to the expiration of the aforementioned 30 days, the rights and privileges granted to the franchise holder may be forfeited and the franchise granted under this chapter may be revoked.
B. 
During any period in which the county has temporarily assumed the obligations of the franchise holder under this section, the county shall be entitled to the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses, including a reasonable rental for use of trucks and equipment, applicable or allocated to the period. The excess, if any, of revenue over applicable or allocated costs and expenses during such period shall be deposited in the treasury of the county to the credit of the general fund. Final adjustment and allocation of gross revenue, costs and expenses to the period during which the county temporarily assumed the obligations of the franchise holder shall be determined by an audit, by a certified public accountant or licensed public accountant, and prepared in report form with his unqualified opinion annexed thereto.
C. 
Employees of the franchise holder may be employed by the county during any period in which the county temporarily assumes the obligations of the franchise holder under this franchise; provided, however, that the rate of compensation to be paid such employees, or any other employees, shall be the rate or rates in effect at the time the franchise holder's service was interrupted by the labor dispute, and the terms and conditions of employment shall be the same as provided by the franchise holder.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
A. 
Each person granted a franchise or permit pursuant to the provisions of this chapter, and Chapters 9.04 and 9.08, shall maintain detailed records of all receipts and expenditures received or incurred in the operation of such business, including all fees collected for services rendered. The board, or its designated representatives, shall be entitled to inspect, audit and copy such books and records upon reasonable notice during normal business hours.
B. 
A franchise holder shall annually provide the department with a copy of an audited financial statement within 120 days after the close of its fiscal year. The statement shall be prepared by a certified public accountant or licensed public accountant who has annexed his opinion thereto. The accountant shall be entirely independent of the franchise holder, shall not be an employee directly or indirectly of the franchise holder and shall have no financial interest whatsoever in the business of the franchise holder. The county auditor shall specify the form and detail of the annual audited financial statement, consistent with the standards set by the American Institute of Certified Public Accountants. In the event of failure to provide any such annual statement, the county auditor may employ a qualified accountant, or the county auditor may conduct such audit, and the franchise holder, in such case, shall be liable for and pay the costs and expenses of such audit.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
A. 
All refuse collection shall be made with a vehicle and equipment of a design approved by the director.
B. 
All refuse collections shall be made without unnecessary and unreasonable noise, as determined by the director.
C. 
All vehicles and equipment used in refuse collection shall meet all legally established noise abatement standards.
D. 
All vehicles transporting garbage shall be kept clean and sanitary. In no event shall trucks loaded with refuse be left parked in excess of 18 hours without first obtaining permission of the county.
E. 
All drop boxes shall have the following warning printed or stenciled on their front, in bold lettering of at least four inches in height: "NO FOOD WASTE SHALL BE PLACED IN CONTAINER."
(Ord. 714, 1974; Ord. 1589 § 3, 1997; Ord. 1601 § 3, 1998)
A. 
All trucks of a franchise or permit holder shall be clean, sanitary and well painted and maintained in good mechanical condition. The franchise and permit holder shall have printed or stenciled in a prominent place on the two exterior sides of each vehicle used by him, the following information in four-inch letters, to be approved by the director:
Truck #
Refuse Collector (Name)
The franchise and permit holder shall also have their name printed or stenciled on the front of each of their refuse containers, i.e., automated carts, bins, and drop boxes.
B. 
All vehicles and equipment of a franchise or permit holder may be inspected at any reasonable time and place by the director.
C. 
The holder of a franchise or permit shall equip each vehicle hauling refuse with a shovel, broom and fire extinguisher of a type approved by the director.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
A. 
A franchise or permit holder shall not use a firm name containing the words "County" or "Merced" or other words implying county ownership. The franchise holder shall establish and maintain an office where service may be applied for and complaints made. Such office shall be equipped with a listed telephone to which calls from customers may be placed without payment of a toll charge and shall have a responsible person in charge between the hours of eight a.m. and five p.m. of each day except Saturdays, Sundays and holidays.
B. 
A franchise holder shall supply the department with current maps and schedules of collection routes and all changes in such routes. All such maps, schedules and changes shall be subject to the approval of the director.
C. 
A franchise holder shall supply the occupant of every premises located within their franchise area with a printed information card stating the amounts of refuse which will be collected, regulations affecting collections, days of collections and complaint procedures. Such cards shall be provided when service is initiated and be replaced 15 days in advance of any change of collection days or regulations affecting collections.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
A. 
The franchise holder shall bill and collect from the customer the service charges for services rendered under the franchise. Only the customer requesting the refuse removal service shall be liable for payment thereof.
B. 
The franchise holder shall provide the department with a list of the billings at the request of the department.
(Ord. 714, 1974; Ord. 1589 § 3, 1997)
The department of public health and the department of public works are authorized to enforce this chapter, and may perform all acts necessary or proper to accomplish the purposes of this chapter and are authorized to adopt and enforce such guidelines as necessary to enforce the provisions of this chapter.
(Ord. 1601 § 4, 1998)
Each violation of this chapter is an infraction or misdemeanor subject to the penalties set forth in Sections 1.28.020, 1.28.030 and 1.28.040 of the Merced County Code. Every violation of any provision of this chapter shall be construed as a separate offense for each day during which such violation continues to be punishable as provided in this section.
(Ord. 1601 § 5, 1998; Ord. 1796 § 1, 2006)