San Fernando Municipal Code Art. II Collection Agreements; Collection Permits

(a) The city council may authorize, by contract, one or more solid waste enterprises to provide solid waste and recyclables collection services for residential and commercial/industrial users or customers. In the sole discretion of the city council, the solid waste and recyclables collection services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city.

(b) No person shall collect or dispose of solid waste or recyclables in the city unless that person has entered into a collection agreement with the city, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste or recyclables. Any such collection agreement shall be in addition to any business license or permit otherwise required by this Code. Collectors operating in the city on the effective date of this chapter under a permit or a nonexclusive collection agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Public Resources Code § 49520.

(Ord. No. 1536, § 3, 10-21-2002)

The terms and provisions of any collection agreement for solid waste and recyclables collection services may relate to or include, without limitation, the following subject matters:

(1) The nature, scope and duration of the agreement.

(2) The collection schedule, including the frequency, days and hours of collection.

(3) The applicable collector fee, including the amount, method of computation, and time for payment.

(4) The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same.

(5) Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection, and operational requirements.

(6) The receipt, processing and reporting of customer inquiries and complaints.

(7) The collection of solid waste from publicly-owned property and facilities.

(8) Performance standards for the collector's personnel and equipment.

(9) Standards for solid waste, recyclables, and green waste containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor.

(10) Standards and procedures for periodic performance reviews by the city.

(11) Noise attenuation policies and procedures.

(12) The maintenance by the collector of an office for the conduct of business.

(13) Policies and procedures relating to the noncollection of solid waste, the collection of recyclables, the composting of green waste and resource recovery.

(14) Requirements relating to comprehensive liability insurance and workers' compensation insurance.

(15) Requirements relating to the dissemination of information to the public concerning regular and special solid waste and recyclables collection services, including green waste services.

(16) Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination.

(17) Requirements relating to performance bonds and to indemnification.

(18) Requirements relating to record keeping, accounting procedures, reporting, periodic audits, and inspection of records.

(19) Requirements relating to the assignment, transfer and renewal of the agreement.

(20) Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste and recyclables collection services, and to the implementation of state-mandated programs, including, without limitation, the city's "source reduction and recycling element" and the city's "household hazardous waste element."

(21) Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collection agreement and which will, in the judgment and discretion of the city council, best serve the public interest and protect the public health, safety and welfare.

(Ord. No. 1536, § 3, 10-21-2002)

Each collector with a collection agreement or collection permit shall pay a collector fee in an amount determined by resolution of the city council or, in the case of an authorized collector, in the amount set forth in the applicable collection agreement.

(Ord. No. 1536, § 3, 10-21-2002)

In the event of any conflict between the provisions of a collection agreement that is authorized and approved by the city council and the provisions of this chapter, the provisions of the collection agreement shall control.

(Ord. No. 1536, § 3, 10-21-2002)

Notwithstanding section 70-11, the city may issue a collection permit to one or more solid waste enterprises, authorizing collection of such solid waste and recyclables as are not limited to collection by an authorized collector, including but not limited to special wastes. Any such collection permit shall be in addition to any business license or permit otherwise required by this Code.

(Ord. No. 1536, § 3, 10-21-2002)

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. No. 1536, § 3, 10-21-2002)

No permit or collection agreement 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, except as otherwise expressly set forth in a collection agreement. This restriction includes the transfer of ownership or the majority of the ownership or control in the collector, and the transfer of 30 percent or more of stock in a collector to another person.

(Ord. No. 1536, § 3, 10-21-2002)

After a hearing as provided in this chapter, the city administrator may revoke or suspend any collection permit or collection agreement for violation of a provision of this chapter or any other applicable law, ordinance, or regulation of any public agency or for breach of a collection agreement as defined in any such agreement.

(Ord. No. 1536, § 3, 10-21-2002)

The city administrator, without a hearing, may suspend a collection agreement or a collection permit for not more than 60 days, if the city administrator finds that continued operation by the collector will constitute a threat to the public health, safety, or general welfare, or in the case of an authorized collector, is in violation of the collection agreement.

(Ord. No. 1536, § 3, 10-21-2002)

The city clerk shall give written notice of a hearing before the city administrator to consider revocation of a collection permit or collection agreement to the collector, including the reasons therefor, not less than 15 days prior to such hearing. If the collection agreement or collection permit is revoked, the city clerk shall notify the collector in writing of the reasons therefor, within five days after the revocation. Notification may be delivered in person or by mail.

(Ord. No. 1536, § 3, 10-21-2002)

Within seven calendar days after written notice by the city of revocation of a collection permit or collection agreement has been sent to the collector, the collector may file with the city clerk an appeal of such decision to the city council.

(Ord. No. 1536, § 3, 10-21-2002)

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 by the city council. If the city council sets the matter for hearing, it shall base its action upon the standards delineated in this article. The city clerk shall send notice of such hearing to the collector not less than 15 days prior to the hearing. Notification may be delivered in person or by mail.

(Ord. No. 1536, § 3, 10-21-2002)