§ 730-13. Suspension or Revocation of Franchise.  


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  • (a)

    The city manager may suspend or revoke a franchise and the corresponding franchise agreement if the city manager concludes that:

    (1)

    The franchise was issued by mistake of law or fact;

    (2)

    The franchise was issued based upon a false statement or misrepresentation by the applicant;

    (3)

    The franchisee has violated an applicable provision of the Cincinnati Municipal Code, state law, or federal law;

    (4)

    A necessary permit, approval, or license of the franchisee has become invalid;

    (5)

    The franchisee is no longer engaged in providing commercial waste collection services to commercial establishments in the city;

    (6)

    The commercial waste collection services and other activities authorized under the franchise are not being performed in accordance with the requirements of this chapter, the franchise agreement, or the application for a franchise;

    (7)

    Timely and full payment of the franchise fee has not been accomplished by the franchisee in compliance with section 730-17 of this chapter;

    (8)

    The franchisee or one (1) of its principals has been convicted under a local, state, or federal law for a crime involving the collection, transportation, or management of solid waste;

    (9)

    The franchisee failed to provide, pay for and maintain the required bond and insurance coverage in accordance with the requirements of this chapter;

    (10)

    The franchisee violated a requirement of this chapter or the franchise agreement;

    (11)

    The franchisee failed to comply with a lawful order of the city manager; or

    (12)

    The franchisee's actions or inactions demonstrate that the franchisee is not competent or fit to provide commercial waste collection services to the public.

    (b)

    Before the city manager suspends or revokes a franchise, the city manager or his or her designee shall provide notice to the franchisee and an opportunity to be heard in the manner set forth in section 730-15 of this chapter.

    (c)

    A franchise that has been suspended or revoked under this chapter shall not be reinstated or reissued unless, at a minimum, the franchisee has complied with all of the requirements of this chapter, submitted a complete application, paid the application fee, executed a franchise agreement, and been approved by the city manager.

    (d)

    The revocation of a franchise shall automatically terminate the corresponding franchise agreement.

(Ordained by Ord. No. 489-2012, § 1, eff. Jan. 14, 2013)