Appeal from the recommended denial of franchise; appeal from revocation of franchise

(a)

The recommended denial of a franchise by the director of purchasing may be appealed to the city commission. The notice of appeal shall be filed in writing with the purchasing department no later than 14 days after the receipt of the certified letter advising applicant of the proposed denial.

(b)

The director of purchasing shall schedule a public hearing for the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The city commission shall either affirm the decision of the purchasing director or direct the purchasing director to issue the franchise.

(c)

The revocation of a franchise by the director of solid waste may be appealed to the city manager or the city manager's designee. The notice of appeal shall be filed in writing with the city manager with a copy addressed to the director of solid waste no later than 14 days after the receipt of the certified letter advising franchisee of the revocation.

(d)

The city manager or the city manager's designee shall fix the date and time for hearing the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The city manager or the city manager's designee shall either affirm the decision of the director of solid waste or direct the director of solid waste to reinstate the franchise. Should a revocation and/or reduction in the number of franchisees occur, the city commission may add additional qualified applicants to the approved franchisee list provided that said list does not exceed the number of previously approved franchisees.

(Ord. No. 13194, § 2, 9-27-10)

Editor's note— Ord. No. 13194, § 2, adopted September 27, 2010, amended section 22-49 in its entirety to read as herein set out. Formerly, section 22-49 pertained to appeal from the departmental denial of franchise; appeal from revocation of franchise, and derived from Ord. No. 10128, § 1, adopted July 10, 1986; the Code of 1980, § 22-18.3, and Ord. No. 11837, § 2, adopted September 28, 1999.