No person shall collect and/or dispose of solid waste in the City unless such person has been awarded a solid waste collector franchise and has entered into a franchise agreement with the City, except as otherwise specifically provided in this Chapter. No person shall collect recyclable materials generated on or emanating from residential premises in the City unless such person has been awarded a residential recycling franchise and has entered into a franchise agreement with the City. Any such solid waste or residential recycling franchise shall be in addition to any business license or permit otherwise required by the Carson Municipal Code. No permit issued by any other governmental agency authorizing collection of solid waste or residential recycling materials shall be valid in the City. Commercial/industrial collectors presently operating without a franchise in the City may continue to operate only until the expiration of the notice provided to them in compliance with Public Resources Code Section 49520 and only if such collectors are qualified under Public Resources Code Sections 49520 and 49521 and have an existing solid waste collector permit from the City.
(Ord. 91-956 § 2; Ord. 91-959 § 1)
Each collector shall pay an annual fee in an amount determined by resolution of the City Council and obtain a franchise or permit for collection of solid waste and/or recyclable materials.
(Ord. 91-956 § 2)
An existing solid waste collector permit or a franchise issued under this Chapter shall not be transferred, delegated, sublet, subcontracted to or assigned to another person without the approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control of the permittee or franchisee, or transfer of a majority of the permittee's or franchisee's stock to another person.
(Ord. 91-956 § 2)
After a hearing as provided in this Chapter, the City Administrator may revoke or suspend any solid waste collector permit or franchise for violation of a provision of this Chapter or any other applicable law, ordinance, or regulation of any public agency.
(Ord. 91-956 § 2)
The City Administrator, without a hearing, may suspend a franchise or solid waste permit for not more than sixty (60) days, if the City Administrator finds that continued operation by the franchisee or permittee will constitute a threat to the public health, safety, or general welfare.
(Ord. 91-956 § 2)
The City Administrator shall mail notice of a hearing to revoke a solid waste permit or franchise to the collector not less than fifteen (15) days prior to such hearing. In the event of the revocation of a franchise or solid waste permit, the City Administrator shall notify the applicant in writing of the reasons therefor. Such notification may be made in person or by mail.
(Ord. 91-956 § 2)
Within fifteen (15) calendar days after notice by the City Administrator of revocation of a solid waste permit or franchise has been sent to the collector, the collector may file with the City Clerk an appeal of such decision to the City Council.
(Ord. 91-956 § 2)
The City Council may either affirm the action of the City Administrator, send the matter back to the City Administrator for further consideration, or set the matter for hearing before itself. If the Council sets the matter for hearing, it shall base its action upon the standards delineated in CMC § 5223. Notice of such hearing shall be sent to the collector not less than fifteen (15) days prior to the hearing.
(Ord. 91-956 § 2)
The City Council may, by resolution, establish rates to be charged to residential owners and commercial/industrial business owners by the franchised collector for the collection of solid waste and recyclable materials. The City Council may, by resolution, establish rates to be charged by other commercial/industrial collectors who are qualified and permitted to provide solid waste collection services under Public Resources Code Sections 49520 and 49521. No collector shall charge any rate or fee which is greater than the rate established by the City Council, unless otherwise authorized in this Chapter. Every commercial/industrial business owner and residential owner shall pay the rates established from time to time by the City Council for collection services rendered pursuant to this Chapter in the manner set forth in Section 5229. The City Council shall establish rate categories as may be appropriate for collection services provided by the commercial/industrial collectors.
(Ord. 91-956 § 2; Ord. 91-959 § 1)
The City shall collect fees for residential solid waste collection services by causing fees to be placed on the Los Angeles County Tax rolls through procedures established by the Los Angeles County Tax Collector. No charge shall be made directly to a residential householder by the franchised residential collector, except as otherwise specifically authorized by the City Council. Every commercial/industrial collector shall be solely responsible for collecting the charges for such collector's services for providing commercial/industrial collections pursuant to this Chapter, and the City shall have no liability or responsibility therefor.
(Ord. 91-956 § 2)
Every collector shall obtain and maintain at all time during the collector's operations a permit and business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction.
(Ord. 91-956 § 2)
(a) 
Definitions. Whenever the terms set forth below are used in this Section, they shall have the meanings set forth herein below:
(1) 
"Change in contract"
shall mean any change of any provider with whom the City contracts to provide waste collection and recycling services including the pick-up, transfer, disposal and sorting of residential and commercial solid waste and recycling.
(2) 
"Change in control"
shall mean any sale, assignment, transfer, or other disposition of all or substantially all of the assets or a controlling interest (including by consolidation, merger, or reorganization) of the incumbent operator, or any person who controls such incumbent operator, to a new operator.
(3) 
"City"
shall mean the City of Carson.
(4) 
"Provider"
shall mean any corporation, company, partnership, trust, estate, association, joint venture or other legal or commercial entity, as well as any subcontractor of such an entity, operating within the City that employs workers to perform waste collection and recycling services under contract with the City, including the pick-up, transfer, disposal and sorting of residential, commercial, and industrial solid waste and recycling.
(5) 
"Incumbent operator"
shall mean any person, as defined herein, who owns, controls, and/or operates a provider prior to a change in control or change in contract.
(6) 
"New operator"
shall mean any person, as defined herein, who owns, controls, and/or operates any provider following a change in control or change in contract.
(7) 
"Person"
shall mean an individual, corporation, partnership, limited partnership, trust, estate, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
(8) 
"Qualified displaced worker"
shall mean any person employed by an incumbent operator, or any subcontractor of an incumbent operator, who:
(i) 
Is not an "exempt" employee within the meaning of the Fair Labor Standards Act ("FLSA"); and
(ii) 
Has been employed at a provider by the incumbent operator, or any subcontractor of the incumbent operator, for at least thirty (30) consecutive calendar days prior to the execution of the transfer document.
(9) 
"Transfer document"
shall mean the legal instrument or agreement effecting a change in control or change in contract.
(10) 
"Wages and benefits"
shall mean all wages or compensation, and, where referenced in an applicable collective bargaining agreement, provisions addressing how overtime shall be calculated, employer and employee contributions for medical insurance and retirement benefits, any tool, shoe or uniform allowance, sick leave, vacation time and personal or family leave.
(b) 
Employee Retention.
(1) 
An incumbent operator shall, within ten (10) days of the execution of a transfer document, provide the new operator and the Carson City Manager, or his or her designee, a list of all of the employees of the incumbent operator at any provider, including each employee's name, last known address, date of hire and job classification at the time of the transfer. The new operator shall offer employment at a provider to all qualified displaced workers in accordance with the terms of this Section.
(2) 
All scope of services and work hours performed by an incumbent operator that is to be performed by the new operator shall be performed, to the extent commercially feasible, by qualified displaced workers. Nothing herein shall be construed as requiring the new operator to create new employment positions that the new operator does not need in order to perform waste collection and recycling services under contract with the City. However, prior to reducing the amount of work hours or positions utilized to perform waste disposal services at a provider, a new operator must obtain written approval from the City Manager, which approval shall not be unreasonably withheld.
(3) 
The new operator is prohibited from discharging any qualified displaced worker offered employment as required herein, except for cause, for at least one hundred eighty (180) days from the effective date of the transfer document, or the date on which the new operator actually begins operating any provider, whichever shall later occur.
(4) 
At the end of such one hundred eighty (180) day period, the new operator shall perform a written performance evaluation for each qualified displaced worker retained pursuant to this Section. If such qualified displaced worker's job performance during such one hundred eighty (180) day period is deemed to be "satisfactory" or better, the new operator shall offer the employee continued employment consistent with subsection (d) of this Section.
(c) 
Preferential Hire. In the event that, during the one hundred eighty (180) day transition period described above, the new operator determines that fewer positions are needed in order to perform waste collection and recycling services under contract with the City of Carson, including the pick-up, transfer, disposal and sorting of residential, commercial, and industrial solid waste and recycling, the new operator shall retain qualified displaced workers, as are determined to be commercially needed, by seniority. Seniority shall be determined by reference to any collective bargaining agreement covering the qualified displaced workers or, if no such agreement exists, then by reference to the initial hire date with the incumbent operator of each qualified displaced worker. Any qualified displaced workers not retained by the new operator shall be placed on a preferential hiring list and considered by the new operator for any job openings that may arise.
(d) 
Maintenance of Wages and Benefits. Each new operator shall provide all employees at a provider with wages and benefits not less than the greater of those (1) in effect at the provider immediately prior to the point of execution of the transfer document or (2) in any collective bargaining agreement, whether effective or expired, between the incumbent operator and any qualified displaced workers.
(e) 
Retaliation and Discrimination Barred – No Waiver of Rights.
(1) 
No incumbent operator or new operator shall discharge or otherwise discriminate against any employee, including a qualified displaced worker, for making a complaint, participating in any administrative proceeding, or using any civil remedy to enforce his or her rights, or for otherwise asserting his or her rights under this Section.
(2) 
Any waiver by a qualified displaced worker of any or all of the provisions of this Section shall be deemed contrary to public policy and shall be void and unenforceable, except where such waiver occurs in a bona fide collective bargaining agreement. Any attempt by an incumbent operator or new operator to have a waste or recycling worker waive rights given by this Section shall be deemed to be in contravention of public policy and shall also constitute a willful violation of this Section.
(f) 
Enforcement.
(1) 
Any qualified displaced worker claiming a violation of this Section may bring an action against an incumbent operator or new operator in the Superior Court of the State of California, to enforce the provisions of this Section. The court is authorized to award liquidated damages for each violation in an amount equivalent to one hundred eighty (180) days of such qualified displaced worker's average regular rate of pay and, where appropriate, back pay, any other actual damages, reinstatement, injunctive relief, punitive damages, and any other legal or equitable relief. The court is further authorized to award treble damages for willful violations of this Section. Violations of this Section are hereby declared to constitute irreparable harm to any qualified displaced worker.
(2) 
A court in any proceeding to enforce the provisions of this Section shall award reasonable attorneys' fees, expert witness fees, and costs to any plaintiff who prevails in an action to enforce the provisions of this Section.
(3) 
The rights and remedies set forth herein are in addition to any other rights which an employee might have, under any Federal or State statute or regulation or municipal ordinance or regulation or at common law.
(g) 
Incorporation Into Any City Franchise or License Agreements. The terms of this Section shall be included, by reference, in all contracts to provide waste disposal services, including the pick-up, transfer, and disposal and recycling of residential and commercial trash, to which any provider is a party. All providers shall include the terms of this Section, by reference, in all subcontracts which any provider may enter into involving the provision of waste disposal services, including the pick-up, transfer, disposal of residential and commercial trash and recyclables. In addition, the following language shall be included in all franchises, licenses, or other agreements for waste disposal services between the City and any provider:
It is understood between the parties that Qualified Displaced Workers, as that term is defined in Carson Municipal Code § 5229.2 are third-party beneficiaries to this contract and Contractor agrees that, as such, Qualified Displaced Workers shall have the right to enforce the provisions of this agreement relating to employee retention and initial wages and benefits. This right shall be independent of the City's right to enforce any and all portions of the contract and shall be in addition to any rights that such workers may have under any other federal, state or local statute or at equity. In the event that a Qualified Displaced Worker prevails in an action to enforce this contract, that Qualified Displaced Worker shall be entitled to his or her costs, including a reasonable attorney's fee, in addition to any other remedies that the worker may be due at law or in equity.
(Ord. 10-1447 § 1)
(a) 
Any person or entity collecting and/or disposing of solid waste or recyclable materials in violation of CMC § 5220 et seq. will be advised in writing by the City or the collector to cease such activities immediately (the "written warning"), which written warning shall demand the person or entity to remove all vehicles and solid waste containers being utilized in unlawful collection activities from the City no later than three (3) business days from the date of the written warning. This written warning requirement is not applicable where the registered owner of the vehicle or solid container cannot be identified.
(1) 
If, after the provision of the written warning, such person or entity continues to collect and/or dispose of solid waste or recyclable materials in violation of CMC § 5220 et seq., such person or entity will be fined up to $1,000 for each violation. Each separate day, or any portion thereof, during which any violation of this Chapter occurs or continues shall constitute a separate offense.
(2) 
Such person may also be assessed, in accordance with subsection (c) of this Section, a daily impoundment fine, in an amount determined from time to time by resolution of the City Council, and administration charges, in the event that a vehicle or solid waste container utilized in unlawful collection activities is impounded pursuant to subsection (b) of this Section. The administration charges consist of towing and transportation costs for the vehicle or solid waste container, transportation and disposal of contents of the solid waste container, storage, and administrative and ancillary costs, in reasonable amounts reflecting actual administrative costs as determined by the City Manager.
(b) 
The City may impound any vehicle or solid waste container placed or located in the City in violation of CMC § 5220 et seq., in accordance with the procedures set forth in subsection (c) of this Section. In addition, the collector is authorized to impound any solid waste container placed or located in the City in violation of CMC § 5220 et seq., in accordance with the procedures set forth in subsection (c) of this Section.
(c) 
The following terms and conditions shall apply to the impoundment of a vehicle or solid waste container that was utilized in unlawful collection activities:
(1) 
If, after the provision of the written warning set forth in subsection (a) of this Section, the City or the collector finds that there is a continued presence of an unauthorized vehicle or solid waste container being utilized for such unlawful collection activities, the City or the collector will initiate hauling orders on the fourth business day after the date of such written warning unless the vehicle or solid waste container has been removed from the City.
(2) 
All impounded vehicles or solid waste containers will be transported by the City or the collector to a location designated by the City for storage. Thereafter, the City or the collector shall give notice to the registered owner (at the address obtained from the Department of Motor Vehicles) within three (3) business days of impoundment, by first-class mail, stating that the registered owner may remove the vehicle or solid waste container from the designated storage location upon payment of the daily impoundment fine and administration charges (the "Impoundment Notice"). Failure to mail the Impoundment Notice to the registered owner within three (3) business days of impoundment shall prohibit the City or the collector from charging more than fifteen (15) days' impoundment fine. This Impoundment Notice requirement is not applicable where the registered owner of the vehicle or solid waste container cannot be identified. The Impoundment Notice shall contain:
i. 
The name, address, and telephone number of City Hall;
ii. 
The description of the vehicle, including, if available, the make, model, year, license plate number, and mileage;
iii. 
The location of the place of storage of the vehicle;
iv. 
The authority and purpose for the removal and impoundment of the vehicle;
v. 
The notice shall also inform the owner of an opportunity for a post-storage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released; and
vi. 
A statement that, in order to receive a post-storage hearing, the owner(s), or agents thereof, shall request a hearing in person, in writing, or by telephone within ten (10) days of the date of the notice.
(3) 
The post-storage hearing shall be conducted within forty-eight (48) hours of a written request for hearing, excluding weekends and holidays. Failure of the legal and registered owners, or their respective agents, to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement. If a post-storage hearing is requested, the vehicle release fee must be paid before the commencement of the post-storage hearing.
i. 
The City shall designate one of its own officers or employees, who is not the same person who directed the seizure of the vehicle, as the Hearing Officer to conduct the post-storage hearing.
ii. 
The Hearing Officer shall establish whether there are reasonable grounds for the storage of the vehicle and mitigating circumstances establishing that the vehicle should be released. If it is determined at the post-storage hearing that there are no reasonable grounds for the storage of the vehicle, the City shall be responsible for the costs incurred for towing and storage.
(4) 
Subject to a contrary outcome of a post-storage hearing, the impounded vehicle or solid waste container shall be released to the registered owner once the daily impoundment fine and administration charges have been paid to the City or the collector.
(d) 
The City or the collector shall release a vehicle or solid waste container to the registered owner, without payment of the daily impoundment fine or administration charges, under any of the following circumstances:
(1) 
The vehicle or solid waste container was stolen from the registered owner;
(2) 
The vehicle or solid waste container was subject to bailment and was driven and/or placed at a location by an employee of the business establishment, including a parking service or repair garage.
(e) 
After the expiration of six (6) weeks from the date of the initial impound, the City may treat the vehicle or solid waste container as lost or abandoned property.
(f) 
Any daily impoundment fines or administration charges collected by the collector shall be remitted by the collector to the City on a monthly basis, by the fifteenth of each calendar month, along with a report of activities and an accounting of amounts collected.
(Ord. 10-1452)
[1]
Editor's Note: Both Ords. 10-1447 and 10-1452 added CMC § 5229.2. This section as added by Ord. 10-1452 has been editorially renumbered to avoid duplication of section numbers.