Sec. 380.106. - Council procedure.

For initial applications as described in Section 380.104 , City Council approval shall be required prior to a solid waste management facility beginning operation. The following procedures shall apply: After receipt of reports and recommendations, but no more than 90 days after the application is complete, the Council Secretary shall notify the Council President. The Council President shall immediately introduce a resolution to grant the applicant a certificate. The introduction shall be styled "Introduced by the Council President pursuant to Chapter 380." The Council Secretary shall schedule a public hearing before the City Council committee to which matters regarding public utilities are referred in accordance with the following: (a) The Council Secretary shall provide at least 20 days' notice of the hearing to be given by mail to the applicant and to holders of outstanding certificates under this Part. The Solid Waste Division shall be responsible for providing a list of the names and addresses of all outstanding certificate holders to the Council Secretary. (b) The Council Secretary shall provide notice of the time and place of the public hearing which shall be given by mail to all owners of real property within 300 feet of the boundaries of the facility. The applicant shall be responsible for providing the names and addresses of such owners to the Council Secretary. For purpose of notice requirements to adjoining owners, the names and addresses of these owners shall be deemed to be those on the current tax records of the Property Appraiser. The failure of an applicant, holders of outstanding certificates or owners of real property, required by this Section to be notified by mail, to receive the notice shall not invalidate or otherwise have any effect on a public hearing or action by the Council. (c) Notice of the public hearing held pursuant to this Section shall be published once in a newspaper of general circulation not less than 14 days in advance of the date of the hearing. The published notice shall be in a form prescribed by the Council Secretary and shall be published by the applicant at his expense. The applicant shall file proof of publication with the Council Secretary prior to the public hearing. (d) The applicant shall post a sign on the property upon which the application is made in such form as required by the Council Secretary not less than 14 days prior to the date of the public hearing. The sign shall be posted in full view of the public on a street side of the land involved and shall be continuously maintained by the applicant until the public hearing before the Council. (e) Once begun pursuant to the notice set forth herein, the public hearing may be continued, as necessary, as announced by the chair prior to the close of the public hearing. (Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 90-296-169, § 6; Ord. 92-1877-1408, § 1; Ord. 2008-513-E, § 1; Ord. 2017-431-E , § 1; Ord. 2025-30-E , § 15) Note— Former § 618.106.