Editor's Note: For the prior ordinance history of this chapter, see the Editor's Note at the beginning of Chapter 15.16.
Except as otherwise specifically provided in this article, including, but not limited to, Chapter 15.24 (Annual Solid Waste, Recyclables, and Organic Waste Collection Permits), no person shall collect solid waste, recyclables, organic waste, or construction and demolition debris in the city without having first been awarded a solid waste, recyclables, organic waste, and construction and demolition franchise and entered into a franchise agreement with the city. Such franchise shall be in addition to any business license or permit otherwise required by the city. All such franchisees shall comply with all of the requirements of this article, except for the provisions of Chapter 15.24. No permit issued by any other governmental agency authorizing collection of solid waste, recyclables, or organic waste shall be valid in the city, unless the permit holder has entered into a franchise agreement or has obtained a permit pursuant to Chapter 15.24.
(Prior code § 5703; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
In the sole discretion of the City Council, the solid waste,
recyclables, and organic waste franchise may be awarded on an exclusive
or non-exclusive basis, and with or without competitive bidding, and
may relate to any class or type of solid waste, recyclables, or organic
waste within all or part of the territory of the City of West Hollywood.
(Prior code § 5704; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
Each collector awarded a franchise shall pay a yearly fee in
the amount determined by resolution of the City Council or as stated
in the franchise agreement.
(Prior code § 5705; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
Any franchise awarded pursuant to this chapter shall be for the term as the parties may agree and further subject to any extension authorized by the City Council as provided in Section 15.44.070.
(Prior code § 5706; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
In the event of any conflict between the provisions of a franchise
agreement, or amendment thereto, which is authorized and approved
by the City Council and the provisions of this article, the provisions
of this article shall control.
(Prior code § 5707; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
A franchise issued under this article shall not be transferred,
sold, assigned, relinquished, delegated, or assigned to another person
without the approval of the City Council. This restriction includes
the transfer of ownership of the franchisee or the conveyance of the
franchisee's stock to a new controlling interest.
(Prior code § 5708; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
The city and the franchisee may mutually agree to extend the
term of the franchise on such terms and rates as the parties may agree.
Nothing contained in this provision or in this article shall obligate
the city to extend the term of any franchise.
(Prior code § 5709; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
After a hearing as provided in this chapter, the City Manager
may revoke or suspend any franchise if the franchisee has violated
a provision of this chapter or of the franchise agreement or any other
applicable law, ordinance, or regulation of any public agency. It
is unlawful for any collection to operate under a franchise which
has been revoked or suspended during the term of such suspension.
Further, a franchise may be terminated without a right to cure on
the part of the franchisee based on the terms and conditions of the
franchise agreement, in which event the revocation hearing and appeal
provisions of this chapter shall not apply.
(Prior code § 5710; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
The City Manager, without a hearing, may suspend a franchise
for not more than sixty days, if the City Manager finds that continued
operations by the franchisee will constitute a threat to the public
health, safety, or general welfare of the city.
(Prior code § 5711; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
The City Manager shall serve a notice of hearing of revocation
of the franchise on the franchisee by first class certified mail not
less the fifteen days prior to such hearing.
(Prior code § 5712; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
In the event of the revocation of a franchise, the City Manager
shall notify the applicant in writing of the reasons therefor. Such
notification may be made in person or by registered/certified mail.
The notice of ruling shall include, without limitation, the effective
date of the revocation of the franchise to collect solid waste.
(Prior code § 5713; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
A collector may appeal the revocation of the franchise, or the
conditions imposed on being allowed to continue as a collector, provided
written notice is received by the City Clerk within fifteen calendar
days after the notice by the City Manager of revocation or conditional
approval. Appeals requesting a hearing should address the reasons
for appeal.
(Prior code § 5714; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
The City Council shall hold a public hearing on the appeal. Notice of such hearing shall be sent to the collector not less the fifteen days prior to the hearing. The City Council may affirm the action of the City Manager, refer the matter back to the City Manager for further consideration, or overturn the decision of the City Manager. The Council shall base its actions upon standards delineated in Section 15.44.080.
(Prior code § 5715; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
Upon revocation of a franchise by the Council, the collector
shall cease operations in the city within the period of time determined
by the Council but in no event shall the collector operate for more
than forty-five days after notice of revocation. The collector shall
provide each of its customers with written notification of termination
of service within ten days of the revocation of permit. Such notice
shall have attached a listing of all eligible collectors in the city.
(Prior code § 5716; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 6, 2022)
Notwithstanding anything to the contrary, nothing in this chapter
shall prevent a person who generates material from donating or selling
materials that would otherwise be solid waste, regardless of how such
materials are left out or picked up. However, a person does not sell
or donate material for purposes of this section if they pay any consideration
to the person or entity receiving, collecting, or accepting the material
purported to be sold or donated. The payment by the generator of material
for the acceptance or collection of material renders the transaction
an act of solid waste collection subject to the city's right to grant
an exclusive franchise.
(Ord. 22-1198 § 6, 2022)
