ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreement, the applicable Sections of the Plumas County Code found in Title 6, Chapter 10, the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County Solid Waste Program shall be borne by County as follows: A. The Plumas County Department of Environmental Health shall oversee and be responsible for the enforcement of violations on all Solid Waste matters concerning restaurant food wastes, biomedical wastes, pharmaceutical wastes Including sharps, Hazardous Wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health. B. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of violations on all Solid Waste matters concerning Municipal Solid Waste, Recyclables, Bulky Waste, e-waste, Universal Waste, White Goods, C & D (and all other waste not described in Section 4.05. C. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Program, Including oversight and coordination with County’s franchise contractors and the administration of this Agreement. D. All Complaints regarding the Plumas County Solid Waste Program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas County Code Enforcement Office or any other local, State or federal law enforcement office shall be administered by the Department of Public Works (Administrator). The Administrator shall investigate the Complaint and determine the proper jurisdiction for the resolution of the Complaint and forward it to the appropriate agency. E. A Complaint under this Section against Contractor resulting in a Determination of Violation of the terms of this Agreement shall result in a finding of default against the Contractor, and remedies available to County listed in Article 14 of this Agreement shall be enforced. F. A Complaint under this Section against a Person resulting in a Determination of Violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 of the Plumas County Code. G. Contractor has exclusive franchise rights for the Collection, removal, transport, use and disposal of Solid Waste in Contractor’s designated franchise area of the unincorporated portion of Plumas County per Section 6-10.201 of the Plumas County Code, with the exceptions noted in Section 4.02 of this Agreement. County shall use all remedies available to it to insure that those rights are enforced. Contractor may, after consultation with County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive relief.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreement, the applicable Sections of the Plumas County Code found in Title 6, Chapter 10, the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County Solid Waste Program shall be borne by County as follows:
A. The Plumas County Department of Environmental Health shall oversee and be responsible for the enforcement of violations on all public health and safety Solid Waste matters concerning restaurant food wastes, biomedical wastes, pharmaceutical wastes Including sharps, Hazardous Wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health.
B. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of violations on all Solid Waste matters concerning Municipal Solid Waste, Recyclables, Bulky Waste, e-waste, Universal Waste, White Goods, C & D (and all other waste not described in Section 4.055.05.
C. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Program, Including oversight and coordination with County’s franchise contractors and the administration of this Agreement.
D. All Complaints regarding the Plumas County Solid Waste Program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas County Code Enforcement Office or any other local, State or federal law enforcement office shall be administered by the Department of Public Works (Administrator). The Administrator shall investigate the Complaint and determine the proper jurisdiction for the resolution of the Complaint and forward it to the appropriate agency.
E. A Complaint under this Section against Contractor resulting in a Determination of Violation of the terms of this Agreement shall result in a finding of default against the Contractor, and remedies available to County listed in Article 14 15 of this Agreement shall be enforced.
F. A Complaint under this Section against a Person resulting in a Determination of Violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 of the Plumas County Code.
G. Contractor has exclusive franchise Exclusive Franchise rights for the Collection, removal, transport, use and disposal Disposal of Solid Waste in Contractor’s designated franchise area of the unincorporated portion of Plumas County per Section 6-10.201 of the Plumas County Code, with the exceptions noted in Section 4.02 of this Agreement. County shall use all reasonable remedies available to it to insure that those rights are enforced. Contractor may, after consultation with County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive relief. County shall use good faith efforts to cooperate with Contractor to enforce such rights.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreementagreement, the applicable Sections of the Plumas County Code found in Title 6, Chapter 10, of the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County Solid Waste Program solid waste program shall be borne by County as follows:
A. The Plumas County Department of Environmental Health shall oversee and be responsible for the enforcement of violations on all Solid Waste public health and safety solid waste matters concerning restaurant food wastes, biomedical wastes, pharmaceutical wastes Including including sharps, Hazardous Wasteshazardous wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health.
B. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of violations on all Solid Waste solid waste matters concerning Municipal Solid Wastemunicipal solid waste, Recyclablesrecyclables, Bulky Wastebulky waste, e-waste, Universal Wasteuniversal waste, White Goodswhite goods, C & D (and all other waste not described in Section 4.055.05.
C. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Programsolid waste program, Including including oversight and coordination with County’s franchise contractors and the administration of this Agreementagreement.
D. All Complaints complaints regarding the Plumas County Solid Waste Programsolid waste program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas County Code Enforcement Office or any other local, State or federal law enforcement office shall be administered by the Department of Public Works (Administratoradministrator). The Administrator administrator shall investigate the Complaint complaint and determine the proper jurisdiction for the resolution of the Complaint complaint and forward it to the appropriate agency.
E. A Complaint complaint under this Section against Contractor resulting in a Determination determination of Violation violation of the terms of this Agreement agreement shall result in a finding of default against the Contractor, and remedies available to County listed in Article 14 15 of this Agreement agreement shall be enforced.
F. A Complaint complaint under this Section against a Person person resulting in a Determination determination of Violation violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 of the Plumas County Code.
G. Contractor has exclusive franchise rights for the Collectioncollection, removal, transport, use and disposal of Solid Waste solid waste in Contractor’s designated franchise area of the unincorporated portion of Plumas County per Section 6-10.201 of the Plumas County Code, with the exceptions noted in Section 4.02 of this Agreementagreement. County shall use all reasonable remedies available to it to insure that those rights are enforced. Contractor may, after consultation with County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive relief. County shall use good faith efforts to cooperate with Contractor to enforce such rights.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreement, the applicable Sections of the Plumas County Code found in Title 6, Chapter 10, the California Integrated Waste Management Act of 1989, and all other pertinent local, State state and federal laws pertaining to the Plumas County Solid Waste Program shall be borne by County as follows:
A. The Plumas County Department of Environmental Health shall oversee and be responsible for the enforcement of violations on all Solid Waste solid waste matters concerning restaurant food wastes, biomedical wastes, pharmaceutical wastes Including including sharps, Hazardous Wasteshazardous wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health.
B. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of violations on all Solid Waste solid waste matters concerning Municipal Solid Wastemunicipal solid waste, Recyclablesrecyclables, Bulky Wastebulky waste, e-waste, Universal Wasteuniversal waste, White Goodswhite goods, C & D (construction and demolition debris and all other waste not described in Section 4.05.4.05A.
C. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Program, Including including oversight and coordination with County’s franchise contractors and the administration of this Agreement.
D. All Complaints complaints regarding the Plumas County Solid Waste Program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas County Code Enforcement Office or any other local, State state or federal law enforcement office shall be administered by the Department of Public Works (Administrator). The Administrator shall investigate the Complaint complaint and determine the proper jurisdiction for the resolution of the Complaint complaint and forward it to the appropriate agency.
E. A Complaint complaint under this Section against Contractor resulting in a Determination of Violation of the terms of this Agreement shall result in a finding of default against the Contractor, and remedies available to County listed in Article 14 of this Agreement shall be enforced.
F. A Complaint complaint under this Section against a Person person resulting in a Determination of Violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 of the Plumas County Code.
G. Contractor has exclusive franchise rights for the Collection, removal, transport, use and disposal of Solid Waste in Contractor’s designated franchise area of the unincorporated portion of Plumas County per Section 6-10.201 of the Plumas County Code, with the exceptions noted in Section 4.02 of this Agreement. County shall use all remedies available to it to insure that those rights are enforced. Contractor may, after consultation with County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive relief.
Appears in 1 contract
Samples: Franchise Agreement
ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreementagreement, the applicable Sections of the Plumas County Code found in Title 6, Chapter 1010 of the Plumas County Code of Ordinances (hereinafter “County Code”), and of the California Integrated Waste Management Act of 1989, and of all other pertinent local, State and federal laws pertaining to the Plumas County Solid Waste Program Plan shall be borne by County as follows:
A. The Plumas County Department of Environmental Health shall oversee and be responsible for the enforcement of violations on all Solid Waste public health and safety solid waste matters concerning restaurant food wastes, biomedical wastes, and pharmaceutical wastes Including including sharps, Hazardous Wasteshazardous wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health.
B. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of violations on all Solid Waste solid waste matters concerning Municipal Solid Wastemunicipal solid waste, Recyclablesrecyclables, Bulky Wastebulky waste, e-waste, Universal Wasteuniversal waste, White Goodswhite goods, C & D (and all other waste not described in Section 4.05types of solid waste.
C. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Programsolid waste program, Including including oversight and coordination with County’s franchise contractors and the administration of this Agreementagreement.
D. All Complaints complaints regarding the Plumas County Solid Waste Programsolid waste program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas County Code Enforcement Office or any other local, State or federal law enforcement office shall be administered by the Department of Public Works (Administratoradministrator). The Administrator administrator shall investigate the Complaint complaint and determine the proper jurisdiction for the resolution of the Complaint complaint and forward it to the appropriate agency.
E. A Complaint complaint under this Section against Contractor resulting in a Determination determination of Violation violation of the terms of this Agreement agreement shall result in a finding of default against the Contractor, and remedies available to County listed in Article 14 15 of this Agreement agreement shall be enforced.
F. A Complaint complaint under this Section against a Person person resulting in a Determination determination of Violation violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 of the Plumas County Code.
G. Contractor has exclusive franchise rights for the Collectioncollection, removal, transport, use and disposal of Solid Waste solid waste in Contractor’s designated franchise area of the unincorporated portion of Plumas County per Section 6-10.201 of the Plumas County Code, with the exceptions noted in Section Sections 4.02 and 4.03 of this Agreementagreement. County shall use all reasonable remedies available to it to insure that those rights are enforced, Including such enforcement measures described in Section 6-10.410 of the County Code and the penalties for violations described in Section 6-10.411 of the County Code against third party violators. Contractor may, after consultation with and approval by County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive reliefrelief against such third Party violators.
H. Contractor shall notify County of any person or entity perceived to be in violation of Contractor’s exclusive franchise rights hereunder, and such person or entity shall be advised in writing by County to immediately cease such activities after County has investigated and verified such notification. County’s notification to such person or entity shall Include enforcement measures described in Section 6-10.411 of the County Code. If such person or entity continues to violate Contractor’s exclusive franchise rights after notification by County, such person or entity shall be subject to the provisions of Section 6-10.411 of the County Code. Additionally, Contractor shall have the right to impound any Contractor-owned waste container used in violation of Contractor’s exclusive franchise rights or any other applicable legislative requirements described in the applicable Sections of Title 6, Chapter 10 of the County Code, the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County solid waste plan.
I. Nothwithstanding the provisions of Sections 4.05G and 4.05H above, County shall retain all of its rights with regard to pursuing or not pursuing remedies concerning violations or alleged violations of County’s solid waste ordinance or other ordinances. Any and all prosecutorial discretion shall lie solely and absolutely with County..
Appears in 1 contract
Samples: Franchise Agreement
ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreement, the applicable Sections of the Plumas County Code found in Title 67, Chapter 107.24 of the Xxxxxx County Code (hereinafter “County Code”), and of the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas Xxxxxx County Solid Waste Program solid waste program shall be borne by County as follows:
A. The Plumas County Department of Environmental Health Director shall oversee and be responsible for the enforcement of violations on all Solid Waste public health and safety solid waste matters concerning restaurant food wastes, biomedical wastes, and pharmaceutical wastes Including including sharps, Hazardous Wasteshazardous wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health.other
B. The Plumas County Department of Public Works Director shall oversee and be responsible for the enforcement of violations on all Solid Waste solid waste matters concerning Municipal Solid Wastemunicipal solid waste, Recyclablesrecyclables, Bulky Wastebulky waste, e-waste, Universal Wasteuniversal waste, White Goodswhite goods, C & D (and all other waste not described in Section 4.05types of solid waste.
C. The Plumas County Department of Public Works Director shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Programsolid waste program, Including including oversight and coordination with County’s franchise contractors and the administration of this Agreement.
D. All Complaints Any complaints regarding the Plumas County Solid Waste Programsolid waste program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas Xxxxxx County Code Enforcement Office or any other local, State or federal law enforcement office that cannot be resolved in a reasonable time and manner by the Contractor shall be administered by the Department of Public Works (Administrator)Director. The Administrator Director shall investigate the Complaint complaint and determine the proper jurisdiction for the resolution of the Complaint complaint and forward it to the appropriate agency.
E. A Complaint complaint under this Section against Contractor resulting in a Determination of Violation of the terms of this Agreement shall may result in a finding of default against the Contractor, and remedies available to County listed in Article 14 15 of this Agreement shall be enforced. subject to Contractor's appeal rights and ultimate finding by the County Board of Supervisors.
F. A Complaint complaint under this Section against a Person person resulting in a Determination of Violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas Xxxxxx County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 7.24 of the Plumas County Code.
G. Contractor has exclusive franchise rights for the Collectioncollection, removal, transport, use and disposal of Solid Waste solid waste and targeted recyclables in Contractor’s designated franchise area of the unincorporated portion of Plumas Xxxxxx County per Section 6-10.201 7.24 of the Plumas County Code, with the exceptions noted in Section Sections 4.02 of this Agreement. County shall use all remedies available to it to insure that those rights are enforced. Contractor may, after consultation with County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive relief.and
Appears in 1 contract
Samples: Franchise Agreement
ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreementagreement, the applicable Sections of the Plumas County Code found in Title 6, Chapter 1010 of the Plumas County Code of Ordinances (hereinafter “County Code”), and of the California Integrated Waste Management Act of 1989, and of all other pertinent local, State and federal laws pertaining to the Plumas County Solid Waste Program Plan shall be borne by County as follows:
A. The Plumas County Department of Environmental Health shall oversee and be responsible for the enforcement of violations on all Solid Waste public health and safety solid waste matters concerning restaurant food wastes, biomedical wastes, and pharmaceutical wastes Including including sharps, Hazardous Wasteshazardous wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health.
B. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of violations on all Solid Waste solid waste matters concerning Municipal Solid Wastemunicipal solid waste, Recyclablesrecyclables, Bulky Wastebulky waste, e-waste, Universal Wasteuniversal waste, White Goodswhite goods, C & D (and all other waste not described in Section 4.05types of solid waste.
C. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Programsolid waste program, Including including oversight and coordination with County’s franchise contractors and the administration of this Agreementagreement.
D. All Complaints complaints regarding the Plumas County Solid Waste Programsolid waste program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas County Code Enforcement Office or any other local, State or federal law enforcement office shall be administered by the Department of Public Works (Administratoradministrator). The Administrator administrator shall investigate the Complaint complaint and determine the proper jurisdiction for the resolution of the Complaint complaint and forward it to the appropriate agency.
E. A Complaint complaint under this Section against Contractor resulting in a Determination determination of Violation violation of the terms of this Agreement agreement shall result in a finding of default against the Contractor, and remedies available to County listed in Article 14 15 of this Agreement agreement shall be enforced.
F. A Complaint complaint under this Section against a Person person resulting in a Determination determination of Violation violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 of the Plumas County Code.
G. Contractor has exclusive franchise rights for the Collectioncollection, removal, transport, use and disposal of Solid Waste solid waste in Contractor’s designated franchise area of the unincorporated portion of Plumas County per Section 6-10.201 of the Plumas County Code, with the exceptions noted in Section Sections 4.02 and 4.03 of this Agreementagreement. County shall use all reasonable remedies available to it to insure that those rights are enforced, Including such enforcement measures described in Section 6-10.410 of the County Code and the penalties for violations described in Section 6-10.411 of the County Code against third party violators. Contractor may, after consultation with County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive relief. County shall use good faith efforts to cooperate with Contractor to enforce such rights.
H. Any person or entity reported to be in violation of Contractor’s exclusive franchise rights hereunder shall be advised in writing by County to cease such activities immediately. If such person or entity continues to violate Contractor’s exclusive franchise rights after notification by County, such person or entity shall be fined according to Section 6-10.411 of the County Code. Additionally, Contractor shall have the right to impound any Contractor-owned or privately-owned waste container used in violation of Contractor’s exclusive franchise rights or any other applicable legislative requirements described in the applicable Sections of Title 6, Chapter 10 of the County Code, the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County Solid Waste Plan.
Appears in 1 contract
Samples: Franchise Agreement
ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreementagreement, the applicable Sections of the Plumas County Code found in Title 6, Chapter 1010 of the Plumas County Code of Ordinances (hereinafter “County Code”), and of the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County Solid Waste Program solid waste plan shall be borne by County as follows:
A. The Plumas County Department of Environmental Health shall oversee and be responsible for the enforcement of violations on all Solid Waste public health and safety solid waste matters concerning restaurant food wastes, biomedical wastes, and pharmaceutical wastes Including including sharps, Hazardous Wasteshazardous wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health.
B. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of violations on all Solid Waste solid waste matters concerning Municipal Solid Wastemunicipal solid waste, Recyclablesrecyclables, Bulky Wastebulky waste, e-waste, Universal Wasteuniversal waste, White Goodswhite goods, C & D (and all other waste not described in Section 4.05types of solid waste.
C. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Programsolid waste program, Including including oversight and coordination with County’s franchise contractors and the administration of this Agreementagreement.
D. All Complaints complaints regarding the Plumas County Solid Waste Programsolid waste program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas County Code Enforcement Office or any other local, State or federal law enforcement office shall be administered by the Department of Public Works (Administratoradministrator). The Administrator administrator shall investigate the Complaint complaint and determine the proper jurisdiction for the resolution of the Complaint complaint and forward it to the appropriate agency.
E. A Complaint complaint under this Section against Contractor resulting in a Determination determination of Violation violation of the terms of this Agreement agreement shall result in a finding of default against the Contractor, and remedies available to County listed in Article 14 15 of this Agreement agreement shall be enforced.
F. A Complaint complaint under this Section against a Person person resulting in a Determination determination of Violation violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 of the Plumas County Code.
G. Contractor has exclusive franchise rights for the Collectioncollection, removal, transport, use and disposal of Solid Waste solid waste in Contractor’s designated franchise area of the unincorporated portion of Plumas County per Section 6-10.201 of the Plumas County Code, with the exceptions noted in Section Sections 4.02 and 4.03 of this Agreementagreement. County shall use all reasonable remedies available to it to insure that those rights are enforced, Including such enforcement measures described in Section 6-10.410 of the County Code and the penalties for violations described in Section 6-10.411 of the County Code against third party violators. Contractor may, after consultation with County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive relief. County shall use good faith efforts to cooperate with Contractor to enforce such rights.
H. Any person or entity reported to be in violation of Contractor’s exclusive franchise rights hereunder shall be advised in writing by County to cease such activities immediately. If such person or entity continues to violate Contractor’s exclusive franchise rights after notification by County, such person or entity shall be fined according to Section 6-10.411 of the County Code. Additionally, Contractor shall have the right to impound any Contractor-owned or privately-owned waste container used in violation of Contractor’s exclusive franchise rights or any other applicable legislative requirements described in the applicable Sections of Title 6, Chapter 10 of the County Code, the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County solid waste plan.
Appears in 1 contract
Samples: Franchise Agreement
ENFORCEMENT BY COUNTY. The burden of enforcement of the provisions of this Agreementagreement, the applicable Sections of the Plumas County Code found in Title 6, Chapter 1010 of the Plumas County Code of Ordinances (hereinafter “County Code”), and of the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County Solid Waste Program solid waste plan shall be borne by County as follows:
A. The Plumas County Department of Environmental Health shall oversee and be responsible for the enforcement of violations on all Solid Waste public health and safety solid waste matters concerning restaurant food wastes, biomedical wastes, and pharmaceutical wastes Including including sharps, Hazardous Wasteshazardous wastes, chemical wastes, radioactive wastes and all other environmental health-related waste issues. Determination as to whether a specific waste product is environmental health-related may be obtained by contacting the Director of Environmental Health.
B. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of violations on all Solid Waste solid waste matters concerning Municipal Solid Wastemunicipal solid waste, Recyclablesrecyclables, Bulky Wastebulky waste, e-waste, Universal Wasteuniversal waste, White Goodswhite goods, C & D (and all other waste not described in Section 4.05types of solid waste.
C. The Plumas County Department of Public Works shall oversee and be responsible for the enforcement of all other facets of the Plumas County Solid Waste Programsolid waste program, Including including oversight and coordination with County’s franchise contractors and the administration of this Agreementagreement.
D. All Complaints complaints regarding the Plumas County Solid Waste Programsolid waste program, whether submitted directly to (or by) County or Contractor, or to (or by) an intermediate agency such as the Plumas County Code Enforcement Office or any other local, State or federal law enforcement office shall be administered by the Department of Public Works (Administratoradministrator). The Administrator administrator shall investigate the Complaint complaint and determine the proper jurisdiction for the resolution of the Complaint complaint and forward it to the appropriate agency.
E. A Complaint complaint under this Section against Contractor resulting in a Determination determination of Violation violation of the terms of this Agreement agreement shall result in a finding of default against the Contractor, and remedies available to County listed in Article 14 15 of this Agreement agreement shall be enforced.
F. A Complaint complaint under this Section against a Person person resulting in a Determination determination of Violation violation is an infraction and shall be enforced by any peace officer, as defined in the California Penal Code, the Plumas County Code Enforcement Officer or by the Environmental Health Director, and employees designated by the Director. Such designated employees are authorized to issue citations for violations of Title 6, Chapter 10 of the Plumas County Code.
G. Contractor has exclusive franchise rights for the Collectioncollection, removal, transport, use and disposal of Solid Waste solid waste in Contractor’s designated franchise area of the unincorporated portion of Plumas County per Section 6-10.201 of the Plumas County Code, with the exceptions noted in Section Sections 4.02 and 4.03 of this Agreementagreement. County shall use all reasonable remedies available to it to insure that those rights are enforced, including such enforcement measures described in Section 6-10.410 of the County Code and the penalties for violations described in Section 6-10.411 of the County Code against third party violators. Contractor may, after consultation with and approval by County, independently seek enforcement of those rights against third Party violators, including, but not limited to seeking injunctive reliefrelief against such third Party violators.
H. Contractor shall notify County of any person or entity perceived to be in violation of advised in writing by County to immediately cease such activities after County has investigated and verified such notification. County’s notification to such person or entity shall Include enforcement measures described in Section 6-10.411 of the County Code. If such person or entity continues to violate Contractor’s exclusive franchise rights after notification by County, such person or entity shall be subject to the provisions of Section 6-10.411 of the County Code. Additionally, Contractor shall have the right to impound any Contractor-owned waste container used in violation of Contractor’s exclusive franchise rights or any other applicable legislative requirements described in the applicable Sections of Title 6, Chapter 10 of the County Code, the California Integrated Waste Management Act of 1989, and all other pertinent local, State and federal laws pertaining to the Plumas County solid waste plan.
I. Nothwithstanding the provisions of Sections 4.05G and 4.05H above, County shall retain all of its rights with regard to pursuing or not pursuing remedies concerning violations or alleged violations of County’s solid waste ordinance or other ordinances. Any and all prosecutorial discretion shall lie solely and absolutely with County.
Appears in 1 contract
Samples: Franchise Agreement