§ 16-45. Franchise records and reporting.

(a)

Each franchise holder shall keep all of the records and documents necessary to demonstrate that the franchise holder has performed its duties in compliance with the requirements in this article. The franchise holder's records shall be accurate, well-organized, and up-to-date at all times. The franchise holder's records concerning the franchise shall be kept for at least three (3) years following the expiration of the franchise.

(b)

A franchise holder shall make its records available for inspection by the director at all reasonable times.

(c)

A franchise holder shall prepare and maintain an accurate customer list. The form and content of the customer list shall be subject to the director's approval. At a minimum, the customer list shall include the name, address and telephone number of each customer. The customer list shall be divided into separate categories that identify each customer receiving customer service for: (a) residential waste; (b) yard trash; and (c) commercial waste. The franchise holder shall update the customer list at least once each month.

(d)

The franchise holder shall deliver an updated customer list to the director no later than the seventh day of each month after the franchise is issued. The customer list shall be submitted in an electronic format that is compatible with the county's software system and acceptable to the director.

(e)

If a franchise holder provides any commercial collection service, the franchise holder shall prepare an annual report demonstrating that the franchise holder has properly calculated and paid the franchise fees to the county. The report shall be submitted to the director no later than December 1 following the issuance of the franchise and each December 1 thereafter, unless the director approves a different schedule. At a minimum, the report shall identify the amount of commercial waste collected by the franchise holder, the customers receiving commercial collection service, the gross receipts collected by the franchise holder, the franchise fees paid by the franchise holder, and all supporting information.

(f)

The franchise holder's financial records and reports shall be prepared in accordance with generally accepted accounting practices.

(g)

A franchise holder shall notify the county of: (1) any material change in its ability to provide collection section in compliance with this article or any applicable law; (2) any material change or inaccuracy in the information submitted to the county in its application for a franchise; (3) any material change in the ownership, management, control, or operation of the franchise holder; (4) any change to the corporate or fictitious names under which the franchise holder is conducting or will conduct its business pursuant to the county's franchise; and (5) any violation of any applicable law concerning the collection service provided pursuant to the county's franchise. The franchise holder shall notify the county within five (5) business days of the date when the franchise holder learns about such matters.

(h)

The director may waive one or more of the reporting and recordkeeping requirements in this article if the director concludes such requirements are no longer necessary. In such cases, the director shall notify all franchise holders of the requirements that will no longer be enforced. Thereafter, the director shall notify all franchise holders if the director decides to reinstate and enforce the waived requirements.

(Ord. No. 07-35, § 1 (§ 16-37), 12-12-2007)