[Ord. 81-111, § 20; Ord. 82-136, § 5; Ord. 95-621A, § 8; Ord. 91-436A, § 2; Ord. 98-762C, § 45; Ord. 02-974; Ord. 03-1018A, § 21; Ord. 14-1332; Ord. 16-1387; Ord. 23-1498]
(a) 
Any person who violates any provision of this chapter or who fails to comply with a license or franchise condition is subject to the fines and penalties set forth in this chapter.
(b) 
The Chief Operating Officer may investigate whether there is sufficient cause to suspend, modify or revoke a franchise or license. If there is sufficient evidence to suspend, modify, or to revoke a franchise or license, the Chief Operating Officer will notify the franchisee or licensee in writing of the alleged violation, and the necessary steps the violator must take to correct the violation. If the franchisee or licensee is unable to or refuses to correct the violation within a reasonable time after Metro sends notice, the Chief Operating Officer may provide notice to the franchisee or licensee that Metro will impose penalties pursuant to Section 5.01.330 or that Metro will suspend, modify or revoke the franchise or license.
(c) 
The Chief Operating Officer will send the notice upon finding that the franchisee or licensee has:
(1) 
Violated the franchise or license, the administrative rules or performance standards issued by the Chief Operating Officer, this chapter, the Code, state law, local ordinance or the rules promulgated there under or any other applicable law or regulation;
(2) 
Misrepresented material facts or information in the franchise or license application, or other information that Metro requires the licensee or franchisee to submit;
(3) 
Refused to provide adequate service at a licensed or franchised site, facility or station, after Metro provides written notification and reasonable opportunity to do so;
(4) 
Misrepresented the gross receipts from the operation of the licensed or franchised site, facility or station;
(5) 
Failed to pay when due the fees required under this chapter; or
(6) 
Violated a city or county ordinance if the ordinance requires licensees or franchisees to comply with the Metro solid waste facility regulation code.
(d) 
Except as provided in subsection (e), if the Chief Operating Officer revokes, modifies or suspends a license or franchise, it does not become effective until Metro gives the licensee or franchisee an opportunity to request a contested case hearing under Chapter 2.05.
(e) 
If Metro finds a serious danger to the public health or safety as a result of the actions or inactions of a franchisee or licensee, the Chief Operating Officer may in accordance with Chapter 2.05 immediately suspend the franchise or license and may take whatever steps may be necessary to abate the danger. In addition, in the case of a franchise, the Chief Operating Officer may authorize another franchisee or another person to provide service or to use and operate the site, station, facilities and equipment of an affected franchisee for reasonable compensation in order to provide service or abate the danger for so long as the danger continues. If Metro immediately suspends a franchise, the franchisee has 30 days from the suspension date to request a contested case hearing under Chapter 2.05.
(f) 
If Metro revokes a franchise or license, all franchisee or licensee rights in the franchise or license become void.
[Ord. 81-111, § 22; Ord. 91-436A, § 2; Ord. 98-762C, § 47; Ord. 98-767, § 6; Ord. 02-974; Ord. 03-1018A, § 22; Ord. 14-1332; Ord. 16-1387; Ord. 23-1498]
(a) 
Each violation of this chapter is punishable by a fine of not more than $500.00. Each day a violation continues constitutes a separate violation. Metro may join separate offenses in one Notice of Violation in several counts.
(b) 
If the Chief Operating Officer finds that a licensee or franchisee is in violation of this chapter, the Code, the license or franchise, or the administrative rules or performance standards adopted pursuant to Chapter 5.08, the Chief Operating Officer will provide written notice to the violator describing the violation and requiring the violator to correct the violation within the time specified in the notice.
(c) 
If a licensee or franchisee fails to correct the violation within the specified time period, the Chief Operating Officer will issue a Notice of Violation, indicating the continuing violation, the date of re-inspection and the fine imposed as specified in subsection (a).
(d) 
If after re-inspection, the Chief Operating Officer finds the licensee or franchisee has failed to correct the violation, the violation is punishable by a fine as specified in subsection (a). Metro will give notice of a final deadline for correcting the violation at the time of re-inspection.
(e) 
If the licensee or franchisee fails to correct the violation after the final deadline, the licensee or franchisee must cease the activity resulting in the violation.
(f) 
Metro will conduct further inspections to ensure that the licensee or franchisee suspends the offending activity. If the licensee or franchisee fails to suspend the offending activity, the Chief Operating Officer may:
(1) 
Impose a remedy suitable to Metro to be implemented by and at the expense of the licensee or franchisee;
(2) 
Suspend all solid waste activities on site;
(3) 
Impose a lien on the property for the amount of the fines; or
(4) 
Suspend, modify or revoke the license or franchise pursuant to Section 5.01.320.
(g) 
In addition to subsection (a), Metro may enjoin any violation of this chapter upon suit in a court of competent jurisdiction, and the violator may also be subject to a civil penalty not to exceed $500 per day for each day of violation.
[Ord. 81-111, § 11; Ord. 95-621A, § 6; Ord. 02-974; Ord. 03-1018A, § 14; Ord. 16-1387; Ord. 23-1498]
(a) 
Any applicant, franchisee or licensee may request a contested case hearing pursuant to Chapter 2.05 upon the suspension, modification, revocation or refusal by the Council or Chief Operating Officer, as appropriate, to issue, renew, modify or transfer a franchise or license or to grant a variance.
(b) 
Except as provided in subsection (d), if the Council refuses to renew a franchise or the Chief Operating Officer refuses to renew a license, the refusal does not become effective until Metro affords the franchisee or licensee an opportunity for a contested case hearing if one is requested.
(c) 
The refusal by either the Council or Chief Operating Officer to grant a variance, or to issue, modify or transfer a franchise or license is effective immediately. The franchisee, licensee or applicant may request a hearing on the refusal within 30 days of notice of the refusal.
(d) 
Upon a finding of serious danger to the public health or safety, the Chief Operating Officer may suspend a franchise or license or the Council or Chief Operating Officer may refuse to renew a franchise or license and that action is effective immediately. If a franchise or license renewal is refused, the franchisee or licensee has 30 days from the date of the action to request a contested case hearing.