[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.
(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.