BC 1992 06 15 - Laserfiche WebLink

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585 franchise is granted and that the applicant has sufficient equipment and personnel .to render service to all persons generating solid waste within the service area. E. The board shall determine the area for which a franchise is granted. F. The board shall set or approve all residential fees charged by solid waste collectors before granting a franchise. In addition, the board may set or approve commercial, institutional, or industrial fees provided that prior to such action, the board shall have given all then-existing franchisees at least thirty (30) days notice thereof, and the board shall have held a public hearing thereon. The board may classify fees according to whether residential, commercial, institutional, or industrial customers are served, so that reasonable compensation may be provided in accordance with the public interest. Fee schedules may be amended by the board from time to time, but only after a public hearing thereon. G. A franchise shall be for a term of three (3) years and shall be renewable. H. A solid waste collector franchised under this ordinance shall present to each prospective customer, in advance of any agreement with that customer, a schedule of his fees, as authorized by this ordinance, to be charged. Ail solid waste shall be removed from the customerfs premises at least once a week, provided the customer is no more than thirty (30) days in arrears in payment of the required collection fees. I. The board may grant temporary franchises for the collection, transportation, or disposal of solid waste to provide service in the event of abandonment of an existing franchise or for other cause. J. Notwithstanding any other provision of this ordinance to the contrary, the board may grant nonexclusive franchises for the collection of commercial, industrial, institutional, and construction and demolition wastes throughout the county. K. Ail disputes regarding the granting of a franchise and disagreements concerning franchised areas shall be determined by the board. L. No franchise shall be assignable. Mo A solid waste collector granted a franchise under this ordinance shall give thirty (30) daysf written notice to the board before abandoning the franchise. N. The board may terminate or suspend all or any portion of a franchise for any of the following reasons: (1) Loss of the franchisee~s license to operate as a solid waste collector; (2) Failure of the franchisee to comply with the authorized fee schedules; (3) Failure of the franchisee to render prompt and effective service to persons within his service area; (4) Failure of the franchisee to comply with any provision of this ordinance or applicable rules of the Department. Section IX. Enforcement A. Criminal Penalty: Any person violating this ordinance shall be guilty of a misdemeanor punishable by a fine of not to exceed $500 or imprisonment for not more than 30 days, or other. Each day's violation shall be treated as a separate offense. B. Civil Penalty: Any person who is found in violation of this ordinance shall be subject to civil penalty of not to exceed $500 as provided in G.S. 153A-123. Each day's violation shall be treated as a separate offense. C. Remedies: This ordinance may be enforced by equitable remedies, and any unlawful condition existing or in violation of this ordinance may be enforced by injunction and order of abatement in accordance with G.S. 153A-123. Section X. Conflict With Other Laws or Ordinances It is not intended that this Ordinance repeal, abrogate, annul or in any way impair or interfere with any existing ordinances or regulations of the Cabarrus County Board of County Commissioners or the Cabarrus County Board of Health. Section XI. Severability Should any section of this Ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section XII. Effective Date This Ordinance shall be in full force and effect from and after its date of ratification.