§ 8.12.518. Interruption of service by labor dispute.

(a)

In the event that a solid waste permittee's operations are interrupted by a labor dispute and scheduled collections, or solid waste facilities' operations are discontinued for more than a seventy-two-hour period, the county shall have the right to take temporary possession of all facilities and equipment of the permittee for the purpose of continuing the service which the permittee has agreed to provide, and in order to protect the public health and safety. The county shall have the right to retain possession of the facilities and equipment and to render the required service until the permittee demonstrates to the satisfaction of the county that the required services can be resumed by the permittee. However, such temporary assumption of the permittee's obligation under her or his permit shall not be continued by the county for more than one hundred twenty days from the date such operations were undertaken. Should the permittee fail to demonstrate to the satisfaction of the county that the required services can be resumed by the permittee prior to the expiration of the one-hundred-twenty-day period, the permit granted under this chapter shall be forfeited and the rights and privileges granted in the permit shall be canceled and annulled.

(b)

During any period in which the county temporarily assumes the obligations of a permittee, as specified in subsection (a) above, the county shall be entitled to the gross revenue attributed to the operations during each period and shall pay therefrom only those costs and expenses applicable or allocable to the period. The excess, if any, of revenue over applicable costs and expenses during such period shall be deposited in the treasury of the county to the credit of the general fund. Final adjustment and allocation of gross revenue, costs and expenses for the period during which the county temporarily assumes the obligations of a permittee shall be determined by an audit by a certified public accountant or licensed public accountant and prepared in report form with his or her opinion annexed thereto.

(Ord. 2604 § 1 (part), 1993)