Placerville Municipal Code Ch. 1 Garbage 1

When used in this chapter the following words shall have the meanings herein ascribed to them:

CERTIFICATE: A certificate of public convenience and necessity by the council authorizing the holder thereof to conduct a garbage collection business in the city.

HOLDER: A person to whom a certificate of public convenience and necessity has been issued. (Ord. 866, 9-5-1961)

No person shall operate a garbage collection business owned or controlled by him in the city without having first obtained a certificate of public convenience and necessity from the council. (Ord. 866, 9-5-1961)

An application for certificate shall be filed with the clerk and shall be verified under oath and shall furnish the following information:

(A) The name and address of the applicant.

(B) The financial status of the applicant, including the amounts of any unpaid judgments against the applicant and the nature of the transaction or acts giving rise to the judgments.

(C) The experience of the applicant in the garbage collection business.

(D) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate.

(E) The equipment proposed to be used by the applicant in the operation of the garbage collection business in the city. (Ord. 866, 9-5-1961)

Upon the filing of an application the council shall fix a time and place for a public hearing thereon which public hearing shall be set at a date at least ten (10) days after the application has been filed with the clerk and not later than thirty (30) days after the application has been filed with the clerk. Notice of hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given to the general public by posting a notice in the city hall. Any interested person may file with the clerk a memorandum in support or in opposition to the issuance of a certificate. (Ord. 866, 9-5-1961)

If the council finds that further garbage collection service in the city is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such garbage collection service and to conform to the provisions of this chapter then the council shall issue a certificate stating the name and address of the applicant and the date of the issuance of the certificate, otherwise the application shall be denied. In making the foregoing findings the council shall take into consideration whether any existing garbage collection service is adequate to meet the public need, the probable need of additional garbage service in the future and the character, ability and responsibility of the applicant. (Ord. 866, 9-5-1961)

No certificate of public convenience and necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the council. (Ord. 866, 9-5-1961)

A certificate issued under the provisions of this chapter may be revoked or suspended by the council after the holder has:

(A) Violated any of the provisions of this chapter.

(B) Discontinued operations for more than seven (7) days.

(C) Violated any provision of this code, or the laws of the United States or the state of California, the violation of which reflects unfavorably on the fitness of the holder to render satisfactory garbage collection service in the city.

(D) Not properly or adequately collected garbage in the city.

Prior to suspension or revocation the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (Ord. 866, 9-5-1961)

The holder of a certificate of public convenience and necessity shall before operating a garbage collection business in the city file with the council a schedule of rates intended to be charged by him and the hours during which garbage is to be collected in the residential areas of the city and in the commercial areas of the city. The rates and hours of collection may not be changed by any licensee without first having obtained the approval of the council. (Ord. 866, 9-5-1961)

It shall be unlawful for any person to collect and haul for hire any garbage, refuse or waste material within the city without first obtaining from the license and tax collector a permit or license therefor, which license shall be issued only upon an application of a person holding a certificate of public convenience and necessity. The application shall require the applicant to agree to observe all rules and regulations of the police department and of the council regarding the disposal of garbage, refuse and waste material and the applicant shall also agree to abide by the rules and regulations of the council regarding the city dump, when garbage, refuse and waste material are hauled or disposed of at the city dump.

Upon the signing of the application and the payment of the fee of five dollars ($5.00) for each quarter year, a license shall be issued to the person applying therefor; provided the applicant's license has not theretofore been revoked for failure to comply with the rules and regulations of the city or for a violation of this chapter. (Ord. 866, 9-5-1961)

Nothing in this chapter shall be deemed or construed as requiring any resident of the city to obtain a license or permit to haul or dispose of his own garbage, refuse or waste material, this license being intended to apply only to the cases of the collection hauled or disposal of garbage, refuse and waste material for hire. This section shall not be interpreted as exempting compliance with chapter 1A of this title. (Ord. 1629, 6-23-2009)