§ 8-78. Issuance or denial of permit

(a) When an application has been made to the city for a permit pursuant to this article, it shall be the duty of the director of the public services department to consider the matter; and he or she shall have the right to grant, condition or deny the permit request, and such decision shall be subject to an appeal to the city council pursuant to Chapter IX of Title 2 of this Code. In granting, conditioning or denying the permit request, the director of public services and the city council may take into consideration factors, including, but not limited to, the following:

(1) The ability of the permittee to comply with the solid waste handling service standards enumerated in this article.

(2) The ability of the permittee to comply with the equipment standards enumerated in this article.

(3) The ability of the permittee to comply with the provisions regarding insurance or bonds enumerated in this article.

(4) The ability of the permittee to provide programs and comply with the City of Costa Mesa Source Reduction and Recycling Element and implement the source reduction and recycling plan proposed by the permittee pursuant to paragraph (5) of subsection (e) of section 8-77

(b) The decision by the city council on a permit application shall be final.

(c) No permit granted pursuant to this article shall be assigned or transferred without the consent of the director of public services. The term of the permit shall be for a period of seven (7) years, provided that on each anniversary date of a permit it shall be automatically extended for one (1) additional year so that the term remains seven (7) years unless at least sixty (60) days prior to the anniversary date either the city or permittee notifies the other in writing that the permit will not be renewed in which case the term shall not be extended for an additional year and will have only six (6) years remaining and shall not be automatically extended thereafter. Nothing in this subdivision shall prevent the city from terminating a permit before the end of its term pursuant to the provisions of section 8-79. No permit granted pursuant to this article shall limit the right of the city to grant an exclusive or nonexclusive franchise for solid waste handling services in the city. A permit issued under this article shall not grant the permittee rights under California Public Resources Code Section 49520, where at the time the permit is granted the permittee did not have a right to continue service under such section.

(Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12, § 1(C), 11-15-04 )