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HomeMy WebLinkAboutOrdinance - 6763-1973 - Amending Chapter 14 Code Of Ordinances. Amending Chapter 14-21. - 11/21/1973. j ' ,. ORDINANCE NO. 6 763 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES ~ THE CITY OF LUBBOCK .. E-NTITLED "GARBAGE~ TRASH .. WEEDS~ AND BRUSH." BY AMENDING SECTION 14-21 THEREOF PROVIDING FOR PERMITS OR-ENG"AJIIN.G: IN GARBAGE REMOVAL; ADDING A NEW SECTION 14-21.1 PROVIDING FOR REVOCATION OF SUCH PERMIT; ADDING A NEW SECTION 14-21. 2 PROVIDING FOR A HEARING ON REVOCATION; ADDING A NEW SECTI 14-21.3 PROVIDING FOR AN APPEAL FROM REVOCATION; ADDING A NEW SECTION 14 .. 21. 4 DECLARING PERMIT NOT A FRANCHISE; AMENDING SECTIO 14-23 THEREOF BY ADDING CHARGE FOR UNCOVERED LOADS OF GARBAGE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS~ the City Council has determined that the changes in the control of business engaged in garbage and trash removal, as indicated below~ would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 14-21 of the Chapter 14 of the Code of Ordinance 1 City of Lubbock, Be and is hereby amended to read as follows: Section 14-21. Permit for Removal of Garbage, Trash, Etc., From Multi-Famil Dwellings, Commercial and Industrial Establishments: (a) It shall be unlawful for any person to engage in the removal of I garbage, rags, refuse matter or waste material of any kind or solicit~ for the removal thereof on a contract basis as provided in Section 14. 7 ... 3 of this code, without first obtaining a permit from th Department of Sanitation. Permit if granted will be issued by a dul authorized agent of the Department of Sanitation. The Department of Sanitation may refuse to grant any such permit and any person who engages in the removal of garbage, rags, and refuse matter or waste material of any kind without such permit will be subject to the penalty for the Section 14-30. Provided, however_, that the provisions of this section shall not apply to the owner of such con- tainer or receptacle1 or to the owner or occupant of the premises o which the same is located. Provided, further, however, that no permit issued to any Junk dealer of the city s!1all authorize any person to whom such permit is issued to remove any such waste material from a,ny centainer or receptacle.. or in any manner inter- fer with any such container or receptacle. (b) A permit may be issued by a duly authorized agent of the Depart ment of Sanit~tion upon applicant meeting the following requirement {1) Applicant shall be engaged in the garbage and trash hauling business and shall have the equipment necessary to discharge this obligation to his customer accounts in a workman like and satisfactory manner. (2) Applicant shall post a surety bond in the amount of five thousand dollars ($5, 000. 00), conditioned on the faith- ful performance of all applicable ordinances of the City of Lubbock. All sureties on such bond shall be liable for breach thereof to contracting parties or to any other perso1 actually damaged by such breach not to exceed the face amount of the bond. All bonds must be approved by the City Attorney. (3) Applicant shall pay a twenty-five dollar ($25. 00) annua permit fee. Such fee shall cover the permit period issued or remaining portion thereof. (4) Applicant shall, upon request, furnish a current finan- cial statement. (5) Applicant shall, upon request, furnish a current inven- tory of all equipment to be used in his operation and shall keep inventory current. (6) Applicant shall furnish certificate of Insurance showing proof of Liability Insurance in the amount of $50, 000 I 100, 000 Bodily Injury and $50, 000 Property Damage issued by a carrier authorized to do business in the State of Texas (c) All permits will expire on the 1st day of April and will be re- newed upon the payment of the twenty-five dollar ($25. 00) annual permit fee provided all other .requirements are met. (d) All vehicles used in the performance of permittee's business shall have Company Name, Vehicle Number, and city permit num- ber displayed on Left Hand and Right Hand doors. Letters and numbers shall be 3 11 and shall be either white on black or black on white. (e) Permi'!Ee shall service miil.ti-family dwellings, food service establishments, hospitals, nursing homes, schools, colleges, motels, hotels, rooming houses .. mobile homes parks, any food processing plant to include; meat packers, slaughter houses, poultry, fish, vegetable, and fruit processing, a minimum of two (2) times per week. All other accounts shall be serviced with sufficient frequency and in such manner as to maintain clean and sanitary conditions. (f) Permittee shall furnish the Department of Sanitation a list of Customer Accounts each month. Customer account list shall be delivered to the Department of Sanitation no later than the 5th of e~ ch month. -2- ====-~==+===================----=======-===-------===========-~==========~--------+-- (g) Should permittee fail to service his customers in a satisfactory manner or fail to meet other permit requirements for any cause, the City may revoke his permit, cause forfeiture of bond, retain all deposits, and will use proceeds to defray City collection service expense to service his customers. A charge of ten dollars ($10. 00) per pick-up ;will be made for1his service by the City. (h) Permittee shall dump waste material at a landfill licensed by the State of Texas. Should permittee dump at any unauthorized location his permit, may be revoked, bond forfeited, all deposits retained, and he shall be subject to penalty provided in Section 14-30. (i) Should a permit be revoked and should former permittee desire another permit all requirements set forth in Subparagraph {b) shall be met before consideration will be given for a permit. (j) The Department of Sanitation or any duly authorized agent thereof will have the right upon presenting proper credentials., to inspect at any reasonable hour c:-or anywhere within the corporate limits of the City., the equipment and work performance of permitteE. SECTION 2. THAT Chapter 14 of the Code of Ordinances, City of Lubbock, Be and is hereby amended by adding a new Section 14-21. 1 which shall read as follows: Section 14-21. 1 Revocation of Permits; notice, request for hearing. (a) For serious or repeated violation of any of the requirements of this section the permit may be revoked by the Superintendent of Sanitation after an opportunity for a hearing has been provided. (b) Prior to such action, the Superintendent of Sanitation will notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit will be revoked at the end of five (5) days following service of such notice., unless a request for a hearing is filed with the Superintendent of Sanitct:ion, by the permit holder, within such five (5) day period. (c) A permit may be suspended for cause pending its revocation hearing. SECTION 3. THAT Chapter 14 of the Code of Ordinances, City of Lubbock, Be and is hereby amended by adding a n~w Section 14~21. 2 which shall read as follows: -3- L====*=================================-~ t _h ., ' Section 14-21. 2 Hearing on Possible Revocation. The hearings pro;vided for in this section shall be conducted at a time and place designated by the Superintendent of Sanitation. BasE ~ upon the record of such hearing, the Superintendent of Sanitation shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written repor1 of the hearing decision shall be furnished to the permit holder by the Superintendent of Sanitation. SECTION 4. THAT Chapter 14 of the Code of Ordinances, City of Lubbock, Be and is hereby amended by adding a new Section 14-21.3 which shall read as follows: Section 14.:.21. 3 Appeal from Revocation. In the event the Superintendent of Sanitation suspends or revokes a per~it, the holder(d such permit shall have the right of appeal to the City Council by filing appeal in writing with the City Council within fifteen (15) days from the date of revocation. Within thirty (30) days from the filing of an appeal the City Council shall hold a hearing and shall either affirm, modify, or otherwise change the action of the Superintendent of Sanitation. SECTION 5. THAT Chapter 14 of the Code of Ordinances, City of Lubbock., Be and is hereby amended by adding a new Section 14-21.4 w hich shall read as follows: Section 14•21. 4 Permit not a franchise. Permit authorized by this action will not be a franchise, nor will it provide any exclusive area or class of service nor will the permit holder be authorized to make collections from single family residences. SECTION 6. THAT Section 14 ... 23 of Chapter 14 of the Code of Ordinances .. City of Lubbock, Be and is hereby amended by adding a rew paragraph 1hereto, immediately following the rates to be charged.. which readSas follows: uAny person desiring to dump such wastes as described above whos~ vehicle is not covered in such a manner as to prevent the loss of such waste during transit shall be charged a fee of Five Dollars ($5. PO) which shall be in addition to the above listed charges." SECTION 7. THAT should any section .. paragraph, sentence, clause, phras~ or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 8. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED,. Passed by the Council on first reading this 21st 'day of November Passed by the Council on second reading this 13th day of December TTEST: PPROVED AS TO FORM: 1 1973. ~ 1973.