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246 <br /> <br />Go <br /> <br />5. Failure to comply with the terms and provisions of this ordinance or <br /> regulations promulgated by the County Commissioners or the Health <br /> Department hereunder; <br />6. Failure to render regular service at least once during each <br /> seven-day collection period for reasons other than those specified <br /> in Section VIII; <br />7. Failure to comply with any directives issued by the Health Director <br /> or the County Commissioners after notice of hearing when such <br /> directive involves performance, customer service or compliance with <br /> these regulations. <br />Any conflict over the grant of a franchise and disagreements over fran- <br />chise territory shall be determined by the County Commissioners. <br />Any person operating under a franchise shall present to each customer in <br />advance of any agreement with that customer a schedule of his fees. Ail <br />solid waste shall be removed from the customer's premises no less fre- <br />quently than once per week, provided the customer is no more than ten <br />(10) days in arrears in payment thereof. <br />Any person with a complaint against the collectors concerning fees, solid <br />waste collection methods, or other matters, may appear before the Health <br />Director or the County Commissioners and present his complaint in <br />writing. The Health Director shall investigate all charges involving <br />this ordinance or performance thereunder. <br />A list of all franchises defining the areas concerned and enumerating the <br />holders of each franchise shall be maintained in the office of the Health <br />Director of Cabarrus County. <br /> This ordinance shall not affect pending litigation. <br /> <br />SECTION X - COMMERCIAL, INDUSTRIAL, OR BUSINESS <br /> <br />The holder of any franchise is entitled to bid upon any commercial, <br />industrial, or business account in Cabarrus County. In addition, the County <br />Commissioners may grant on a case-by-case basis, non-exclusive franchises for <br />the collection of solid waste from commercial, industrial, and business <br />establishments throughout the County. <br /> <br />SECTION XI - RESIDENTIAL FEES <br /> <br />Ao <br /> <br />The County Commissioners shall establish and regulate all residential <br />fees charged for the collection and transportation of garbage and solid <br />waste. A copy of the fee schedule shall be filed in the office of the <br />Health Director and County Manager. <br />The County Commissioners shall evaluate the fee schedule on an annual <br />basis to analyze the impact of increases in operating costs incurred by <br />the haulers and to compensate for increases in the cubic yardage charge <br />for the landfill tipping fees. <br />1. The fee schedule will be automatically adjusted to compensate for <br /> increases in the cubic yardage charge for the landfill tipping fees. <br /> The adjustment shall be a pro rate adjustment based on the fixed <br /> constants of; 20 cubic yard capacity collection vehicles and 150 <br /> households per load. <br /> Example: <br /> Increase: $1.00 per cubic yard <br /> Capacity: 20 cubic yards per vehicle <br /> Volume: 150 households <br /> Pro Rata Formula: <br /> $1.00 per cubic yard x 20 cubic yards <br /> = $20.00 per load increase. <br /> $20.00 per load divided by 150 households <br /> = .13 per household x 4.33 weeks per month <br /> (once per week collection) = $ .56 per <br /> month per household adjustment. <br /> <br />Receipt of written notice by the Health Director shall be <br />required before any franchise holder institutes afore mentioned <br />increases. <br />The County Commissioners shall also evaluate the fee schedule on an <br />annual basis to analyze the impact of increases in operating costs <br />incurred by the haulers. Each franchise holder shall submit a <br />completed Historical Data Comparison (Appendix B) for examination of <br />their operating costs. <br /> <br /> <br />