Chapter 86. Solid Waste

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved residential waste container means that container described in section 86-32.

Brush means limbs and other cuttings from branches of trees and shrubs.

Garbage means kitchen and household waste including food containers, but not including sewage or dead animals.

Hazardous waste means solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.).

Heavy trash means furniture, equipment, shipping boxes and other bulky items, but not building materials.

Yard waste means leaves, lawn trimmings and other loose plant material.

(Code 1967, § 14-1; Ord. No. 2019, § 2, 6-10-76; Ord. No. 3951, § 1, 9-27-84; Ord. No. 3998, § 1, 11-8-84; Ord. No. 4484, § 1, 6-26-86; Ord. No. 13,741, § 1, 4-12-18)

(a) Disposal. All residential garbage, heavy trash, yard waste and brush shall be disposed of by the person in charge of the premises by the methods set forth in this article.

(b) Offenses. It is an offense for a person:

(1) To dispose of garbage, heavy trash, yard waste or brush in any manner other than described in subsection (a) of this section;

(2) To place or throw any garbage, heavy trash, yard waste or brush on the streets or in the alleys of the city at any time;

(3) To throw or place any garbage, heavy trash, yard waste or brush in any gutter or other drainage facility within the city;

(4) To pick from or disturb any garbage, heavy trash, yard waste, brush or special items set out for collection without permission of the person in charge of the premises; or

(5) To throw or place:

a. Any hazardous waste; or

b. Any material harmful to collection crews or collection equipment on any property in the city for residential solid waste collection in accordance with this article.

(c) Enforcement. The fire chief, the police chief, as well as the directors of public works, health, engineering and planning and development services, are authorized to enforce this chapter and to make all necessary inspections, issue citations, give notice, file applicable charges and otherwise cooperate in the enforcement under this chapter.

(d) Fee. Solid waste services described in this article are provided in return for payment as outlined in division 3 of this article.

(Code 1967, § 14-2; Ord. No. 2019, § 2, 6-10-76; Ord. No. 7717, § 1, 6-13-96; Ord. No. 8289, § 1, 5-28-98; Ord. No. 9034, § 12, 11-9-00; Ord. No. 13,741, § 2, 4-12-18)

Unless expressly prescribed otherwise, in this chapter, a container for garbage shall consist of the following:

(1) A garbage can made of metal, plastic or other synthetic material with a tightfitting lid that is not less than ten gallons or more than 30 gallons in size, that is leakproof and having no jagged or sharp edges and that is not too bulky to allow safe garbage collection; or

(2) Plastic bags having a minimum thickness of 1.5 mil and a capacity of not less than ten or more than 30 gallons.

(Code 1967, § 14-1(d); Ord. No. 2019, § 2, 6-10-76; Ord. No. 3951, § 1, 9-27-84; Ord. No. 3998, § 1, 11-8-84; Ord. No. 4484, § 1, 6-26-86)

All garbage shall be disposed of only in approved residential waste containers. Metal cans shall be watertight of a solid or durable grade of metal, of not more than 30-gallon capacity, with useable handles on both sides. All cans shall have a closefitting lid. Plastic bags shall not have more than a 30-gallon capacity and shall be closed by cord, wire or rubber band, in such manner as to prevent leakage of the contents.

(Code 1967, § 14-4; Ord. No. 4484, § 2, 6-26-86)

Heavy trash may be disposed of by placing it alongside approved residential waste containers.

(Code 1967, § 14-5; Ord. No. 2019, § 2, 6-10-76)

Brush may be disposed of in approved residential waste containers or neatly stacked near the roadway. No other material may be placed with brush.

(Code 1967, § 14-6; Ord. No. 2019, § 2, 6-10-76)

Yard waste may only be disposed of in approved paper bags.

All garbage shall have a maximum weight of 60 pounds per container.

(Code 1967, § 14-7; Ord. No. 2019, § 2, 6-10-76)

Violators of this article shall be punished, upon conviction, as provided in section 1-14.

All garbage, heavy trash, yard waste or brush shall be placed on the property of the producer of such garbage, heavy trash, yard waste or brush within the street right-of-way or alleys designated by the city council for collection. No collection will be made at any other location.

(Code 1967, § 14-9; Ord. No. 2019, § 2, 6-10-76)

Garbage, heavy trash, yard waste or brush will set out for collection by 7:30 a.m. on the day of collection. All containers shall be removed from the street right-of-way on the date of collection.

(Code 1967, § 14-10; Ord. No. 4484, § 3, 6-26-86)

The collection of garbage shall be made on a regularly scheduled basis twice weekly. On official city holidays, the regular collection will be deferred until the next scheduled day of collection.

(Code 1967, § 14-11; Ord. No. 2019, § 2, 6-10-76)

The collection of heavy trash shall be made at the same time as the collection of garbage as prescribed in section 86-68.

(Code 1967, § 14-12; Ord. No. 2019, § 2, 6-10-76)

The collection of yard waste shall be made one time per week on a regularly scheduled basis.

(Ord. No. 8289, § 2, 5-28-98)

(a) The collection of brush shall be made one time per month on a scheduled basis.

(b) Brush collected by the city shall not exceed ten cubic yards of clean material per residential unit each month. Material in excess of this limit shall be the responsibility of the resident for proper hauling and disposal.

(Code 1967, § 14-13; Ord. No. 2019, § 2, 6-10-76; Ord. No. 4296, § 1, 10-24-85; Ord. No. 4549, § 1, 9-25-86; Ord. No. 6527, § 1, 1-28-93; Ord. No. 8289, § 3, 5-28-98)

Any container which allows the contents to leak or fall out or which has jagged or sharp edges that might cause injury or any garbage container without a tightfitting cover is declared to be a public nuisance and shall be picked up and destroyed by the public works department.

(Code 1967, § 14-15; Ord. No. 4484, § 5, 6-26-86)

(a) The fees specified in this section are based on the availability of city removal, disposal and recycling services and shall be collected regardless of whether or not the occupant of a residential unit places any refuse or recyclable materials out for collection.

(b) Each occupied residential unit within the city limits shall be charged the sum of $36.95, plus applicable sales tax, per month for city refuse collection and curb-side recycling services.

(c) When the head of the household of a residential unit certifies in writing to the utility collections office that he is over 65 years of age and that he will place no more than one 30-gallon can or one 30-gallon plastic bag of refuse at his residential unit for collection on each regularly scheduled collection day, the monthly charge for city refuse collection and curb-side recycling services will be $33.15 plus applicable sales tax.

(d) When the owner of an unoccupied residential unit certifies in writing to the utility billing office that the unit is unoccupied and water service has been disconnected, the monthly charge levied under subsections (b) and (c) of this section from that time forward shall not be assessed for as long as the unit remains unoccupied and the water service remains disconnected.

(e) For multifamily dwelling unit projects containing eight dwelling units or less, the monthly charge for refuse collection and curb-side recycling services shall be $36.95, plus applicable sales tax, times the number of occupied units in the project.

(f) A multifamily unit that exceeds eight dwelling units will be considered a commercial multifamily unit, and no city refuse collection or curb-side recycling services will be provided.

(Code 1967, § 14-16; Ord. No. 2019, § 2, 6-10-76; Ord. No. 2081, §§ 1, 2, 9-23-76; Ord. No. 2739, § 1, 9-27-79; Ord. No. 2975, § 1, 9-25-80; Ord. No. 3230, § 1, 9-24-81; Ord. No. 3462, § 1, 9-24-82; Ord. No. 3714, § 1, 11-10-83; Ord. No. 4270, § 1, 9-26-85; Ord. No. 5100, § 1, 9-22-88; Ord. No. 5349, § 1, 9-14-89; Ord. No. 5471, § 1, 2-22-90; Ord. No. 6009, § 1, 9-26-91; Ord. No. 6350, § 1, 9-24-92; Ord. No. 6527, § 2, 1-28-93; Ord. No. 6776, § 1, 9-23-93; Ord. No. 7393, § 1, 9-14-95; Ord. No. 8986, § 1, 9-14-00; Ord. No. 9406, § 1, 8-22-02; Ord. No. 10,404, §§ 1—3, 9-14-06; Ord. No. 10,866, § 1, 3-27-08; Ord. No. 11,182, §§ 1—3, 9-10-09; Ord. No. 11,433, §§ 1—3, 9-9-10; Ord. No. 12,054, § 1, 9-13-12; Ord. No. 13,340, § 1, 10-27-16; Ord. No. 13,578, § 1, 9-14-17; Ord. No. 14,268, § 1, 11-18-19; Ord. No. 15,913, § 1, 9-26-24)

The monthly charge for refuse pickup shall be added to the monthly utility bills prepared by the city, and collection of this charge shall be made by the utility collection office at the time of payment of the monthly utility bill. City employees or agents shall not accept payment of the utility bill without collecting the full amount of the bill, including the charge for refuse collection.

(Code 1967, § 14-17; Ord. No. 2019, § 2, 6-10-76)

If the refuse service charge is not paid by the due date shown on the customer's utility bill, the customer shall be charged a penalty in the amount of ten percent of the refuse charge, which shall be shown as the gross amount on such bill. If not paid by the next billing date, the gross amount will be shown in arrears on the customer's utility bill for the next month. If the total amount of the next month's refuse service charges, including arrears and current refuse service, is not paid by the due date specified on that month's utility bill, ten percent of that month's refuse service charges plus penalties will then be in arrears. A notice will be sent to the customer showing the total amount due and specifying a cutoff date for the discontinuance of refuse service.

(Code 1967, § 14-18; Ord. No. 2019, § 2, 6-10-76)

(a) Applicability. Only residents of the city may utilize the Baytown Green Center upon the payment of the load fee specified in subsection (c) to deposit eligible debris. At the time of deposit, residents must show proof of residency, which shall consist of a city water bill with address on the water bill matching the driver's license address.

(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Baytown Green Center shall mean the facility designed to provide assistance for Baytown residents with disposal of eligible debris and recyclable materials located at 1601 W. Main Street, Baytown, Texas.

Eligible debris means debris not picked up under the routine garbage, heavy trash or brush collection and includes furniture, equipment, shipping boxes, other bulky items, building materials and other material as determined by the city manager. Such term excludes the following:

(1) Composition shingles;

(2) Motor oil/oil filters;

(3) Tires/batteries;

(4) Paint;

(5) Brick/concrete masonry or dirt;

(6) Any appliances with Freon; and

(7) Any e-waste, including televisions, computer monitors, laptop computers, VCRs, printers, fax machines, copiers.

(c) Load fee.

(1) The fee per load of eligible debris deposited at the Baytown Green Center shall be as follows:

Pick-up truck or car, per load: $10.00

Trailer not more than eight feet in length, per load: $10.00

Trailer over eight feet in length but not more than 16 feet in length, per load: $20.00

(2) The fees established in subsection (c)(1) shall be applied to every vehicle or trailer hauling eligible debris. For example, if a truck with an eight-foot trailer are both hauling eligible debris, the fee for disposal of such debris at the Baytown Green Center shall be $20.00.

(3) The fees established in subsection (c) are based solely on vehicle and/or length of trailer hauling eligible debris and not based upon the amount of debris deposited at the Baytown Green Center.

(d) Standards.

(1) Persons may not use trailers longer than 16 feet in length to drop off eligible debris at the Baytown Green Center.

(2) Small eligible debris must be must be boxed or bagged prior to arrival at the Baytown Green Center for quick removal.

(3) No sweeping of trailers or truck beds shall be allowed at the Baytown Green Center.

(4) The Baytown Green Center shall not be used by contractors for the disposal of eligible debris resulting from their commercial operations.

(Ord. No. 11,046, § 2, 1-8-09; Ord. No. 15,913, § 2, 9-26-24; Ord. No. 16,234, § 1, 8-28-25)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved commercial solid waste container means a building, vehicle or container used to store or transport commercial waste, except brush, which is totally enclosed; which is of adequate strength and design to prevent leakage of leachates and spillage of other waste during storage, transport and emptying or loading; and which is regularly replaced or cleaned to prevent offensive odor and harborage, feeding and propagation of vectors.

Brush means the cuttings or trimmings from trees, shrubs or lawns and similar materials.

Building waste means waste generated by construction or demolition of buildings or other structures.

Commercial solid waste means any putrescible or nonputrescible, combustible or noncombustible discarded or used materials, including solid, liquid, semisolid or contained gaseous material such as garbage, trash, brush, leachate, building waste and junk, generated by industrial or manufacturing processes; food preparation or service; agricultural operations; oil and gas recovery; institutional, governmental or religious activities; retail or wholesale stores or shops; apartment complexes, condominium projects or manufactured home or recreational vehicle parks exceeding eight units; tree or lawn services; fishing operations; and other commercial activities.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any commercial solid waste into or on any land, water or container.

Garbage means putrescible animal and vegetable waste generated by the acquisition, handling, preparation, cooking, service or consumption of food.

Junk means discarded or used appliances, machinery, vehicles, plumbing, gas and electrical fixtures, wires, pipes, metals and other similar materials and things when found in quantity.

Leachate means liquid that has passed through or emerged from putrescible waste or that contains soluble, suspended or miscible materials from other commercial solid waste.

Maintain means to passively permit to remain or actively refuse to remove.

Notice means actual notice or notice in writing, sent by registered or certified mail with return receipt requested and addressed to the owner or the registered agent of the owner of property at the location of the property, the address shown for the owner by the tax records of the city, or the address of the registered agent reflected by the records of the secretary of state. Notice given in writing in accordance with this article is presumed to have been received no later than five days after it was sent.

Public sewer system means all gutters, drains, pipes, lift stations, canals, equipment and plants of both storm and sanitary sewer systems.

Putrescible waste means wastes capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors or gases and capable of providing food for or attracting birds or vectors, and includes garbage, human and animal wastes and leachate.

Small business means a commercial facility or multifamily residential property having eight or fewer offices or dwelling units whose refuse is residential in nature.

Trash means nonputrescible solid waste consisting of both combustible and noncombustible materials including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, glass, crockery, cans, metal furniture and similar materials.

Vector means rodents, flies and mosquitoes.

Waste means both commercial and residential waste.

(Code 1967, § 14-20; Ord. No. 3728, § 1, 12-14-83; Ord. No. 8151, § 6, 12-16-97; Ord. No. 16,361, § 1, 1-8-26)

(a) The city shall not collect garbage, trash or brush from commercial establishments other than certain small businesses that contract with the city for collection pursuant to division 2 of this article. Apartment complexes, recreational vehicle parks or manufactured home parks exceeding eight units shall be considered commercial establishments.

(b) The collection and disposal of commercial garbage, trash and brush shall be carried out in a safe, sanitary and timely manner.

(c) It shall be an offense for any person to put out or cause to be set out for collection any garbage, trash or brush from commercial establishments other than certain small businesses that contract with the city for collection pursuant to division 2 of this article.

(Code 1967, § 14-3; Ord. No. 2019, § 2, 6-10-76; Ord. No. 2869, § 1, 4-10-80; Ord. No. 5221, § 1, 3-9-89; Ord. No. 8151, § 5, 12-16-97; Ord. No. 10,825, § 1, 2-14-08)

The city shall not collect commercial solid waste other than from certain small businesses that contract with the city for collection pursuant to division 2 of this article. The collection and disposal of commercial solid waste shall be carried out in a safe, sanitary and timely manner. Nothing in this division shall apply to any state-approved sanitary landfill or other waste disposal regulated by other law.

(Code 1967, § 14-21; Ord. No. 3728, § 1, 12-14-83; Ord. No. 5221, § 2, 3-9-89; Ord. No. 16,361, § 1, 1-8-26)

(a) A person commits an offense if he intentionally or knowingly transports or maintains commercial solid waste, except within an approved commercial solid waste container.

(b) For purposes of this division, intent and knowledge are presumed if notice is given in accordance with this division.

(c) An offense under this section is punishable by a fine as provided in section 1-14.

(Code 1967, § 14-22; Ord. No. 3728, § 1, 12-14-83; Ord. No. 16,361, § 1, 1-8-26)

(a) A person commits an offense if he intentionally or knowingly disposes of commercial solid waste into any public system.

(b) It is a defense to prosecution if garbage is disposed of into a sanitary sewer system and it has been shredded in a garbage disposal or grinder to less than one-fourth inch and all particles carried freely under the flow conditions prevailing in such sanitary sewer system.

(c) An offense under this section is punishable by a fine as provided in section 1-14.

(Code 1967, § 14-23; Ord. No. 3728, § 1, 12-14-83; Ord. No. 16,361, § 1, 1-8-26)

(a) A person commits an offense if he intentionally or knowingly places a commercial solid waste container upon a public right-of-way or maintains such container upon a public right-of-way after notice.

(b) An offense under this section is punishable by a fine as provided in section 1-14.

(Code 1967, § 14-24; Ord. No. 3728, § 1, 12-14-83; Ord. No. 16,361, § 1, 1-8-26)

(a) The owner of a commercial solid waste container commits an offense if he intentionally or knowingly fails or refuses to empty, clean or disinfect a commercial waste container after notice.

(b) An offense under this section is punishable by a fine as provided in section 1-14.

(Code 1967, § 14-25; Ord. No. 3728, § 1, 12-14-83; Ord. No. 16,361, § 1, 1-8-26)

(a) A person commits an offense if he intentionally or knowingly maintains waste in such manner that it tends to constitute a health or fire hazard.

(b) It is presumed that waste tends to constitute a health hazard if:

(1) It is a breeding place for or infested with vectors.

(2) Putrescible waste is present which is not totally enclosed within an approved waste container.

(c) It is presumed that waste tends to constitute a fire hazard if:

(1) Combustible waste is maintained in close proximity to a heat or flame source.

(2) Material subject to spontaneous combustion is maintained outside an airtight container.

(d) An offense under this section is punishable by a fine as provided in section 1-14.

(Code 1967, § 14-26; Ord. No. 3728, § 1, 12-14-83)

Under this article, any waste container found upon a public right-of-way after notice may be removed or caused to be removed at the owner's expense.

(Code 1967, § 14-27; Ord. No. 3728, § 1, 12-14-83)

The city department of public works shall have the right to contract with certain small local businesses and professional offices for garbage service. The contract shall specify the maximum quantity of bags to be disposed of weekly and the rate to be charged. The monthly charge shall be $46.42, plus applicable sales tax, for up to five bags per week, and $52.27, plus applicable sales tax, for six to ten bags per week. The director of public works shall contract only with those who want the service and who are located near existing residential customers.

(Code 1967, § 14-29; Ord. No. 5221, § 3, 3-9-89; Ord. No. 6837, § 1, 10-14-93; Ord. No. 7431, § 1, 9-28-95; Ord. No. 9613, § 1, 8-14-03; Ord. No. 11,182, § 4, 9-10-09; Ord. No. 11,433, § 4, 9-9-10; Ord. No. 13,578, § 2, 9-14-17; Ord. No. 14,268, § 2, 11-18-19; Ord. No. 15,913, § 3, 9-26-24)

Those small businesses who choose to contract with the city for garbage service shall be subject to article II of this chapter the same as residential customers, except as otherwise provided in this division.

(Code 1967, § 14-30; Ord. No. 5221, § 3, 3-9-89)

Only plastic bags as described in subsection 86-32(2) shall be approved for use by small businesses contracting with the city for garbage collection.

(Code 1967, § 14-31; Ord. No. 5221, § 3, 3-9-89)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Gross receipts means any revenue directly or indirectly received or generated from or in connection with any commercial solid waste collection service provided within the city, excluding the following amounts:

(1) Sales and use tax received by the permit holder;

(2) Disposal fees paid to the city by a permit holder;

(3) Annual bad-debt write-off amounts on uncollectible accounts for solid waste collection service, provided that the write-off allowed is verified by adequate supporting documentation and does not reduce the annual gross receipts by more than three percent;

(4) Revenues received or generated for any solid waste collection service provided on behalf of the city by the permit holder pursuant to a written contract with the city; and

(5) Revenues directly received or generated from the processing of recyclable materials.

Commercial solid waste collection service means the business of removing, hauling, or transporting wet or dry solid waste, recyclables, or construction and demolition debris from commercial, industrial, or multi-family premises within the city.

Roll-off container means a detachable, wheeled, or stationary container designed to be mechanically loaded onto a collection vehicle for transportation to a disposal or processing facility.

(Ord. No. 12,417, § 1, 11-18-13; Ord. No. 16,361, § 2, 1-8-26)

(a) Tax levied. There is levied a quarterly tax equal to ten percent of the total gross receipts of all persons operating a solid waste collection service within the city limits.

(b) Interest on late payments. If any franchise fee is not remitted by the due date specified above, interest shall be charged daily from such date at the annual rate of 12 percent or the maximum rate allowed by law, whichever is less.

(c) Quarterly reports; payment due dates. Each person operating a solid waste collection service within the city limits and using the city streets shall file a quarterly report with the city finance director on a form provided by the director showing the total amount of gross receipts collected from customers for such services during each quarter and containing a statement by the permit holder that the information provided is true and correct. Reports and payments are due January 13, April 13, July 13, and October 13 of each year.

(d) Inspection and audit of books. Upon reasonable notice, each permit holder shall make its books and records available to the finance director to enable verification of reported gross receipts. In the event the director determines that the permit holder has not complied with any term or condition of this franchise, the director may use those records in any manner necessary to resolve non-compliance.

(e) Recordkeeping requirements. Each permit holder shall maintain records of its solid-waste-collection business, including a complete listing of all accounts within the city limits, identified by customer name, service address, telephone number, time periods served, rates charged, and account number. Such records must be retained for at least five years and be made available to the director upon ten business days' written notice.

(f) Permit holder's records. The director shall have the right to inspect the permit holder's records, accounts, and financial and operating information, including but not limited to customer lists and contracts, to determine compliance with this article. Except as required for auditing purposes, or in accordance with the Texas Public Information Act or other law, the city will not disclose the permit holder's records, accounts, and financial and operating information. Upon a request under the Texas Public Information Act, the city shall notify the permit holder as required by law.

(g) Sales-tax compliance. Permit holders providing taxable waste-removal services must hold a current Texas sales and use tax permit and collect and remit applicable state and local sales taxes for services performed within the city.

(Code 1967, § 14-32(c)(2)—(5); Ord. No. 6008, § 1, 9-26-91; Ord. No. 7694, § 1, 5-9-96; Ord. No. 12,417, § 1, 11-18-13; Ord. No. 16,361, § 2, 1-8-26)

(a) Unless a valid waste-collection permit has been issued by the city, it shall be unlawful for any person to collect or transport garbage, trash, rubbish, or commercial solid waste within the city.

(b) It shall be unlawful for any person to hire, retain, let, use, contract with, engage, or otherwise appoint, any person who does not have a valid waste-collection permit issued by the city, to collect or transport garbage, trash, rubbish, or commercial solid waste within the city.

(Code 1967, § 14-32(a)(1); Ord. No. 6008, § 1, 9-26-91; Ord. No. 7694, § 1, 5-9-96; Ord. No. 12,417, § 1, 11-18-13; Ord. No. 16,361, § 3, 1-8-26)

Each person applying for a waste-collection permit must submit the following information on the application provided by the city:

(a) Name, mailing address, physical address (if different), phone number, and email address of the owner and company.

(b) Name, address, phone number, and email of the company contact person.

(c) Make, model, year, and type of each vehicle to be operated.

(d) Whether the vehicle shall be operated by the owner or an employee.

(e) Permit fee of $75.00 per vehicle and $50.00 per roll-off container, or such other amount as the city council may by resolution establish.

(f) Proof of insurance:

(1) Automobile liability — $1,000,000.00 combined single limit;

(2) Commercial general liability — $1,000,000.00 per occurrence and $2,000,000.00 aggregate;

(3) Workers' compensation with statutory limits and waiver of subrogation in favor of the city.

Policies must name the city as an additional insured and provide 30 days' written notice of cancellation.

(g) A sworn statement or affirmation that all information provided is true and correct.

(Code 1967, § 14-32(a)(2); Ord. No. 6008, § 1, 9-26-91; Ord. No. 7694, § 1, 5-9-96; Ord. No. 12,417, § 1, 11-18-13; Ord. No. 16,361, § 3, 1-8-26)

(a) Issuance. Upon receipt of a completed application and required documentation, the city clerk shall issue a permit unless grounds for denial exist under subsection (d).

(b) Term. Each permit shall be valid from January 1 through December 31. Renewal applications must be submitted at least ten days prior to expiration.

(c) Transferability. Permits are non-transferable except upon written approval by the city.

(d) Grounds for revocation or non-renewal. The city clerk may deny, revoke, or decline to renew a permit if:

(1) A false material statement appears in the application;

(2) The permit holder fails to file required quarterly reports or pay the franchise fee;

(3) The permit holder violates any provision of this article;

(4) The permit holder provides consistently poor service endangering public health or maintains unsightly or unsanitary containers after written notice from the city.

(e) Notice of denial or revocation. Written notice stating the reasons shall be sent by certified mail, return-receipt requested.

(f) Appeal. The appeal shall be heard by the city manager, who shall consider evidence offered by any interested person. The formal rules of evidence shall not apply at such hearing. The city manager shall make a decision on the basis of a fair preponderance of the evidence presented and matters officially noticed at the hearing. The city manager shall render a decision within 30 days after the appeal hearing. Such decision shall affirm, reverse, or modify the determination of the city clerk and the city manager's decision is final.

(Code 1967, § 14-32(c)(1); Ord. No. 6008, § 1, 9-26-91; Ord. No. 7694, § 1, 5-9-96; Ord. No. 12,417, § 1, 11-18-13; Ord. No. 16,361, § 3, 1-8-26)

Each permitted vehicle and each permitted roll-off container shall display the city-issued permit decal or identification in a conspicuous location visible from the public right-of-way. Failure to display a current decal constitutes a violation of this article.

(Code 1967, § 14-32(b); Ord. No. 6008, § 1, 9-26-91; Ord. No. 7694, § 1, 5-9-96; Ord. No. 12,417, § 1, 11-18-13; Ord. No. 16,361, § 3, 1-8-26)