§ 8.06.140. Termination or suspension of franchise.

(a)

The city council shall have the right to terminate any franchise granted pursuant to this chapter if the city council finds, after a public hearing following not less than 14 days' written notice to the franchisee, that:

(1)

The grantee has failed to comply with, or to do anything required of the grantee by, provisions of this chapter, or provisions of the franchise agreement; or

(2)

Any provision of this part becomes or is declared to be invalid and the city council expressly finds that such provision constitutes a material consideration to the grant or continuation of such franchise.

(b)

Any franchise granted pursuant to this part shall automatically be suspended whenever the grantee:

(1)

Fails to keep in full force and effect the insurance required by the franchise agreement; or

(2)

Fails to keep in full force and affect any applicable licenses or permits required by federal, state or local law.

The suspension shall remain in effect until the grantee provides documentation satisfactory to the administrator verifying that the reason for the suspension specified above no longer exists.

(c)

The administrator may suspend any franchise granted under this part if the grantee fails to submit timely reports as described in Section 8.06.190 of this chapter within 15 days after written notice from the administrator that a report is delinquent. The suspension shall remain in effect for the period specified in the administrator's notice unless the suspension is reversed or modified by the administrator or, upon appeal by the franchisee, by the city council.

(d)

In the event the franchise granted pursuant to this part is terminated, the grantee shall have no right or authority to engage in commercial debris collection, transportation or disposal operations in the city unless and until a subsequent commercial debris collection franchise is granted to the grantee. Nothing in this chapter shall require the city to grant any subsequent franchise to the grantee.

(e)

In the event the franchise granted pursuant to this part is suspended, the grantee shall have no right or authority to engage in commercial debris collection, transportation or disposal operations in the city during the period of suspension.

(f)

In the event any franchise granted pursuant to this part is terminated under subsection (a) of this section, then within the time period specified by the city council, the grantee shall:

(1)

Remove all of the grantee's, and any subcontractor's, solid waste containers from all service locations where services have been provided pursuant to such franchise; and

(2)

Properly dispose of any and all solid wastes in the containers at the time of removal.

(g)

If the grantee fails to remove any solid waste container or to properly dispose of any solid waste in any container within the time specified in subsection (f) of this section, the city may remove the container and/or dispose of the solid waste therein and may charge the grantee for the city's costs. The grantee shall pay to the city all of the costs incurred by the city in such removal and/or disposal within ten days of the date of the city's invoice for such costs.

(Ord. 732B §1(part), 2003)