Editor's Note: For the prior ordinance history of this chapter, see the Editor's Note at the beginning of Chapter 15.16. Note also that the title of this chapter was amended by Ord. 01-608 § 3. The chapter was previously titled, "Annual Recyclables Collection Permits."
No person, other than a franchisee, shall collect solid waste, recyclables, or organic waste in the city without having first been issued an annual collection permit. Such permit shall be in addition to any business license or permit otherwise required by the city. The collector(s) shall comply with the provisions of this and any and all applicable sections of the City of West Hollywood Municipal Code, Public Resources Code or any other local, state or federal code having jurisdiction. The collector shall be required to cooperate with the city in solid waste generation studies, preparation of waste stream audits and the submission of information required by the city to meet the reporting requirements of the act or other applicable legislation as may be amended from time to time, and to implement measures consistent with the city's source reduction and recycling element and household hazardous waste element in order for the city to reach the mandated diversion and other goals as established by the act as it may be amended from time to time. The collector shall identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste. The collector shall transport source separated recyclable materials or source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. The collector shall submit to the city monthly reports which show the number of tons collected and the tonnage delivered to disposal facilities, itemized by disposal facility. All such permittees shall comply with the requirements of this article, except for the provisions of Chapter 15.44 (Franchises). Annual construction and demolition debris hauling permits shall not be issued to applicants not subject to continuation rights under Public Resources Code Section 49520. The foregoing sentence shall not apply if the franchisee does not have an exclusive right to haul construction and demolition debris pursuant to a franchise agreement.
(Prior code § 5720; Ord. 00-565 § 1, 2000; Ord. 01-608 § 4, 2001; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 1, 2022)
Applications shall include, but not be limited to:
a.
Name
of applicant.
b.
Business
address and addresses where all vehicles will be stored.
c.
A description
of each vehicle and other equipment that the applicant owns or has
under its control.
d.
A list
of customers which the collector will service in the city.
e.
Proposed
collection rates to be charged by the applicant.
f.
Detailed
information regarding services offered to customers and a listing
of customers currently receiving collection service.
g.
Any
other information requested by the City Manager.
(Prior code § 5721; Ord. 00-565 § 1, 2000; Ord. 01-608 § 5, 2001; Ord. 21-1169 § 2, 2021)
Each permittee shall pay a yearly fee in an amount determined
by resolution of the City Council.
(Prior code § 5722; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
Any permit issued under this article shall be for a term of
not more than one year and shall expire December 31st of each year.
(Prior code § 5723; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
A permit issued under this article shall not be transferred,
delegated or assigned. No permittee shall sell, assign, hypothecate,
relinquish, surrender or transfer its interest in a permit to any
person or collector or allow another person or entity to use its permit
in any act for which a permit is required without the prior written
consent of the City Council.
(Prior code § 5724; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
After review of the permit application, the City Manager may
deny the issuance of an annual collection permit based on information
disclosed in the permit application. Denial of an annual permit may
be based on an incomplete application, failure to demonstrate qualifications
or financial responsibility necessary to comply with the requirements
of this title, failure to supply required reports or previous violations
of any provision of this article. Upon denial, the City Manager shall
provide the collector written notification of the reasons therefor
and shall include the effective date of such denial. Written notification
of denial shall be delivered in person or certified first class mail
to the collector.
(Prior code § 5725; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
The City Manager may revoke or suspend any permit pursuant to the provisions of Sections 15.44.080 – 15.44.100, inclusive. The collector may appeal the denial, revocation, or suspension of a permit pursuant the procedures set forth in Sections 15.44.120 through 15.44.130, inclusive. It is unlawful for any collector to operate under a permit which has been revoked or suspended.
(Prior code § 5726; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
No permittee shall perform solid waste collection services otherwise
provided for in a solid waste franchise agreement. No permittee shall
collect a fee for recyclable material or organic waste collection
services provided to residential premises.
(Prior code § 5727; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
