Title 13 Public Utilities and Services
Chapter 13.02 Solid Waste
Article II. General Provisions
Section 13.02.0246 Solid Waste Collection Franchisees – Minimum Service Levels – Reasonable Rates
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Some annexed portions of the City are served by private companies pursuant to a franchise granted by the City in accord with RCW 35.13.280. This chapter, as an exercise of the police power to protect the public health, and safety, shall supersede any inconsistent or contradictory franchise provisions.
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Holders of municipal solid waste collection franchises shall provide weekly solid waste collection service to all occupied premises within a franchised area at the same general levels and conditions of services as the City solid waste collection department provides. This shall include providing a residential curbside recycling collection program at least equivalent to the services provided by the City.
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Rates charged by municipal solid waste collection franchisees shall be fair and reasonable. Where a franchisee’s rates within the City are higher than the department rates, the director of solid waste collection may order a franchisee to submit due and proper showing to the director to establish its rates within the City are fair and reasonable, notwithstanding any franchiseterm or provision to the contrary.
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The director of solid waste disposal may require holders of municipal solid waste collection franchises to deliver solid waste to a disposal facility or facilities so designated by that director.
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Complaints, including rate disputes, relating to a franchisee are reviewed by the director of solid waste collection. The director’s decision, except relating to suspension or revocation of a franchise, is subject to review by the City hearing examiner by filing written notice of appeal thereto within ten days of the date of issuance.
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Upon timely appeal, the hearing examiner conducts a hearing thereon within forty-five days of the filing of the appeal.
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The examiner’s decision is the final City action, and may be appealed on the record to the superior court of Spokane County by filing a notice of appeal thereon, copy served upon the director and hearing examiner, within thirty days of issuance.
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Where a franchisee has failed to fulfill the terms of a franchise or comply with any other applicable ordinance or order of the director, violations are a class 1 civil infraction, with each day of a continuing violation a new and additional violation.
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In addition and not by way of limitation to the imposition of penalties and any other remedies available in contract or at law where a franchisee has failed to fulfill the terms of a franchise or comply with any other applicable ordinance or order of the director, the director may recommend that franchise privileges be suspended or revoked.
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Said recommendation shall be forwarded to the City hearing examiner, who shall conduct a hearing thereon within forty-five days of the director’s recommendation.
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The examiner’s decision may be appealed within thirty days of issuance to the city council.
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The council shall consider the appeal within thirty days of filing. No new evidence shall be considered, and the council shall either approve or reverse the hearing examiner’s decision based upon the record submitted by the hearing examiner.
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The council’s decision is final.
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Immediately, but in no case longer than three business days after a franchise has been suspended, revoked, expires, or is abandoned by a franchisee, the franchisee shall transmit to the director of solid waste collection an accurate and up-to-date written list of all routes, addresses of premises served, and type of service within the franchised area affected, and any other information the director may require.
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Violations of this subsection are a class 1 civil infraction, with each day of a continuing violation a new and separate infraction.
Date Passed: Monday, December 8, 2014 Effective Date: Sunday, January 25, 2015 ORD C35196 Section 10 |
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