<div class="chunk-title">Sec. 32-105. - Conditions of franchise.</div>
<div class="chunk-content">
            <p class="p0">
               All franchises are and shall be granted upon the following terms and conditions:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Each franchisee shall execute a franchise agreement. Such agreement shall be executed
                  in duplicate, one copy to be retained by the franchisee and the original to be returned
                  to the director. Unless the agreement is returned within two weeks after the grant
                  of the franchise, such franchise may be terminated by the board, unless such time
                  is extended for cause.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Each franchisee shall render continuous service on a regular schedule approved by
                  the director to every residence or hand commercial establishment in the area in which
                  the franchisee is franchised to do business. The director shall work with the franchisees
                  and shall determine and establish the schedules and routes within each franchised
                  area. Each customer shall receive a minimum of one pickup per week on a regularly
                  scheduled basis, unless otherwise approved by the director.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  All vehicles used for collection shall be cleaned regularly in areas approved by the
                  director.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  In the event of equipment breakdown, the franchisee must have an alternate method
                  of pickup arranged in order that the service will not be interrupted.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Solid waste shall be transported in the collection vehicle directly to the CRSWMA
                  landfill or a disposal area designated by the director or the board.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  Each franchisee shall furnish to the director, upon request, records related to the
                  operation of the franchise with accurate and current information as requested.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  Within 30 days of acceptance of a franchise and no later than July 1 of each year
                  during the life of such franchise, the director or designee shall furnish to the board
                  a written statement in which the director verifies that:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  The director has inspected the storage facilities and all vehicles to be used by the
                  franchisee and his associates and employees;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  The storage facilities, vehicles, and the franchisee's operation meet the requirements
                  of this division;
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Each vehicle to be used for the collection, pickup, removal, transportation, and disposal
                  of solid waste, by or for the franchised collector:
                  </p>
               		
               <p class="incr3">
                  1.
                  </p>
               		
               <p class="content4">
                  Is sufficiently waterproofed so as not to spill water or other liquids upon any thoroughfare
                  or road traversed;
                  </p>
               		
               <p class="incr3">
                  2.
                  </p>
               		
               <p class="content4">
                  Is covered with a tarpaulin or cover of other material sufficient to prevent windblown
                  trash; and
                  </p>
               		
               <p class="incr3">
                  3.
                  </p>
               		
               <p class="content4">
                  Is in good working order.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  The director or designee shall conduct an annual inspection, to be completed by July
                  1 of each year, of all vehicles, facilities, and equipment of each franchised collector
                  as to the matters specified in subsection (7) of this section.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  Failure to comply with inspection procedures described in the subsection (7) of this
                  section without good cause shall constitute just cause for termination of a franchise.
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  In the event the director finds that any franchisee has failed to comply with the
                  terms and conditions of this article, the director shall attempt an informal resolution
                  of the problem with the franchisee. If the problem is not resolved, the director shall
                  advise the franchisee and the board in writing as to his findings. The director may
                  make recommendations as to what action should be taken by the board.
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  In the event the franchisee is aggrieved by the findings or recommendations of the
                  director, the franchisee, upon request, shall be given a hearing by a committee of
                  three members (hereinafter "committee") having the following composition: one representative
                  of the county, as appointed by the director, one member appointed by the franchisee,
                  and a third member agreed to by the other two designees. At the hearing, the franchisee
                  shall have the opportunity to show cause as to why the findings of the director may
                  be incorrect, or why the action recommended by the director should not be taken by
                  the board. Upon determination by the committee that a franchisee has failed to carry
                  out the duties, obligations, terms, and conditions imposed by the acceptance of a
                  franchise under this article, it may recommend to the board any of the following:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  That the franchisee be placed on probation;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  That the franchise of the franchisee be suspended pending completion of recommended
                  corrective action;
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  That such changes be made in the franchised territory or area served by the franchisee
                  as will protect the public interest;
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  That the franchise of the franchisee be revoked;
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  That the board take no action, if it finds that a franchisee has substantially complied
                  with the duties, obligations, terms, and conditions imposed by this article.
                  </p>
               		
               <p class="b2">
                  The board must give consideration to the recommendation of the committee, but is not
                  bound by it.
                  </p>
               
               <p class="incr1">
                  (12)
                  </p>
               		
               <p class="content2">
                  A franchisee may sublease, subcontract, convey, or otherwise transfer his franchise
                  or any portion thereof but only with written approval and consent of the board, which
                  consent shall not be arbitrarily or unreasonably withheld, and which consent may be
                  given upon motion duly made and passed at any regular meeting of the board, without
                  the necessity of amending this article. Before any franchise may be subleased, subcontracted,
                  conveyed, or otherwise transferred, the transferee must submit an application, as
                  provided for in this article, and must meet all requirements of this article.
                  </p>
               		
               
               <p class="incr1">
                  (13)
                  </p>
               		
               <p class="content2">
                  Each franchisee under this article shall maintain an office and shall equip the office
                  with a telephone providing local telephone service from the New Bern area. The franchisee
                  shall assign qualified personnel to be in charge of the service rendered pursuant
                  to the franchise and provide the names of such personnel to the director. Such personnel
                  shall be qualified and available to receive and handle complaints and to receive and
                  respond to communications from the coordinator according to procedures established
                  by the director.
                  </p>
               		
               
               <p class="incr1">
                  (14)
                  </p>
               		
               <p class="content2">
                  Any other condition required by the board.
                  </p>
               		
               
            <p class="historynote0">
               (Code 1984, Â§ 13-42; Ord. of 5-7-2001, art. IV, Â§ 4.4; Ord. of 6-15-2009, Â§ II)
               </p></div>