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Chapter 112: Solid Waste Collectors
Code of Ordinances for the City of Wayne, Nebraska


Chapter 112: Solid Waste Collectors

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Solid Waste Collectors

SOLID WASTE COLLECTORS

112.01 License Required

(A)  It is required that every person collecting, hauling or disposing, for hire, solid waste within the corporate limits of the city hold a license issued by the city.  A license for hauling Class A solid waste shall be issued to each applicant for a Class A license, who shall pay the currently required license fee, and shall submit satisfactory proof that the applicant has packer-type truck equipment to haul solid waste.

(B)  All licensees shall make their services available to all residents of the city or classes of residents of the city as applied for, including business places; provided, such persons shall pay the licensee the proper charges for the services rendered to them.

(C)  If any licensee shall not maintain his or her equipment in proper operating condition or shall fail to pay any fees as they become due, such license may be revoked by the city.

(D)  Each license shall expire on June 30 of each year, and each licensee shall apply for renewal of his or her license by payment of the appropriate fee to the city prior to July 1.

(2002 Code, § 22-71)  Penalty, see § 112.99
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SOLID WASTE TRANSFER COLLECTORS

112.15 License Class A Collectors; Fees

All licensed Class A collectors shall pay to the city, not later than the fifteenth day of each month, those fees assessed pursuant to § 50.07 of this code for the preceding month. If any licensed Class A collector shall not pay such fees as they become due, such license may be suspended or revoked by the city.

(2002 Code, § 22-91)
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112.16 Revocation of License

Whenever the City Administrator has reason to believe that any person has violated any of the provisions of §§ 112.01 and 112.15 of this chapter, he or she shall have the power and may suspend or revoke the license for hauling solid waste of such person; provided that, before any license is suspended or revoked under this section, such licensee shall be furnished with a notice of the charges against him or her and, upon request of the licensee within ten days from such notice, a hearing shall be had before the Council.

(2002 Code, § 22-92)
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112.17 Revocation Hearings

Hearings pursuant to § 112.16 of this chapter shall be held before the Council, with the Mayor serving as Hearing Officer. Hearings shall be conducted in an impartial manner by the Hearing Officer, who is empowered to administer oaths, rule upon offers of proof and objections and take such other action as may be necessary. He or she shall not be bound by formal rules of evidence as observed in courts of law, but shall exclude irrelevant, immaterial or unduly repetitious evidence. The burden of proof and proceeding with the evidence shall be on the city, and the city and the licensee may be represented by legal counsel or other representative or spokesperson. At the conclusion of the hearing, the Council shall announce its decision, which decision shall be made by a majority of the elected members. The Mayor shall have the right to vote when his or her vote shall be decisive and the Council is equally divided on its decision.

(2002 Code, § 22-93)
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112.99 Penalty

(A)  Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code.

(B)  Any person who violates any of the provisions of § 112.01 of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 10.99 of this code. Each day of continued violation shall constitute a separate offense.

(2002 Code, § 22-71)
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