Palmdale Municipal Code Art. II Franchises, Fees and Rates

No person shall collect 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 this 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 operating in the City on the effective date of the ordinance codified in this chapter under a permit or a nonexclusive franchise agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code.

(Ord. 977 § 1, 1992)

Each collector shall pay a franchise fee in an amount determined by resolution of the City Council or established in the franchise agreement authorizing the collection of solid waste or recyclable materials.

(Ord. 977 § 1, 1992)

No solid waste collector permit or franchise which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control of the permittee or the franchisee, and the transfer of a majority of the permittee's or franchisee's stock to another person.

(Ord. 977 § 1, 1992)

After a hearing as provided in this chapter, the City Manager 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. 977 § 1, 1992)

The City Manager, without a hearing, may suspend a franchise or a permit for not more than 60 days, if the City Manager finds that continued operation by the franchisee or permittee will constitute a threat to the public health, safety, or general welfare.

(Ord. 977 § 1, 1992)

The City Manager shall mail notice of a hearing to revoke a solid waste permit or franchise to the collector not less than 15 days prior to such hearing. In the event of the revocation of a franchise or a permit, the City Manager shall notify the collector in writing of the reasons for the revocation. Such notification may be made in person or by mail.

(Ord. 977 § 1, 1992)

Within 15 calendar days after notice by the City Manager 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. 977 § 1, 1992)

The City Council may either affirm the action of the City Manager, send the matter back to the City Manager for further consideration, or set the matter for hearing by the City Council. If the City Council sets the matter for hearing, it shall base its action upon the standards delineated in PMC § 5.52.070. Notice of such hearing shall be sent to the collector not less than 15 days prior to the hearing.

(Ord. 977 § 1, 1992)

The City Council may, by resolution, establish or adjust the rates or fees charged by those collectors which are operating in the City pursuant to permits or nonexclusive or exclusive franchise agreements. No collector shall charge any rate or fee which is greater or less than the permissible maximum or minimum rate established by the City Council, unless otherwise authorized in this chapter. Every commercial/industrial business owner and residential householder or 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 PMC § 5.52.130. The City Council shall establish such rate categories as may be appropriate for collection services provided by any commercial/industrial collector.

(Ord. 977 § 1, 1992; Ord. 1554 § 3, 2020; Ord. 1587 § 4, 2022)

(A) The billing and collection of the rates, fees and charges authorized by the City Council for residential solid waste handling services shall be the responsibility of the franchised residential collector, and the City shall have no liability or responsibility therefor.

(B) Every commercial/industrial collector shall be solely responsible for collecting the charges for such collector's services for providing such commercial/industrial collections as may be authorized by this chapter, and the City shall have no liability or responsibility for collection.

(Ord. 977 § 1, 1992)

Every collector shall obtain and maintain at all times during the collector's operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction.

(Ord. 977 § 1, 1992)