§ 16-48. Approval and issuance of new franchises.

(a)

Upon receipt of an application for a franchise, the board shall hold a public hearing concerning the application. The hearing shall be held after the applicant provides proof of publication of the newspaper notice required by subsection 16-47(c).

(b)

When determining whether to award a franchise, the board shall consider: (1) the truthfulness, sufficiency, and completeness of the statements in the application; (2) whether the applicant has sufficient experience, equipment, personnel, and financial resources to provide solid waste collection services in compliance with this article and applicable law; and (3) any other factors affecting the public health, safety, and welfare.

(c)

The board shall deny any application for a franchise if the board finds that: (1) material statements in the application are false; (2) the applicant does not have the experience or resources to provide the proposed services in compliance with this article and applicable law; (3) the applicant has not complied with the provisions of this article or applicable law; or (4) granting a franchise to the applicant is not consistent with the public interest. The board shall state the reasons for denial in writing and shall notify the applicant by certified mail.

(d)

If the board approves an application for a franchise, the board shall notify the applicant by certified mail. The county shall issue a franchise resolution to the applicant, subject to any conditions established by the board and the requirements of this article. The franchise shall become effective and shall expire on the dates designated by the board.

(e)

The board may establish a moratorium on the granting of new franchises under this article when the board deems it in the best interests of the health, safety and welfare of the county.

(Ord. No. 07-35, § 1 (§ 16-40), 12-12-2007)