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17.102.230 Applications for Commercial Collection Permits, Issuance, Denial.

(Amended by Ordinance No. 184288, effective January 7, 2011.)

A.  Applications for commercial collection permits required by Chapter 17.102 shall be submitted to the Director. The Director shall prepare application forms and make them available upon request.

B.  Each application for a commercial collection permit shall be accompanied by a nonrefundable fee of $350.

C.  An applicant for a commercial collection permit shall submit an application that sets forth the following information:

1.  The name, address and telephone number of the business or proposed business;

2.  Whether the applicant is organized as a sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization for doing business;

a.  If a partnership, the application must set forth the names, addresses and telephone numbers of each general or managing partner.

b.  If a corporation, or limited liability company, the application must set forth the corporate or company name and the names, addresses and telephone numbers of every person owning more than twenty percent of the business;

c.  If the business is organized in some other form, the application must set forth the name, address and telephone number of the designated contact person for the business.

3.  A City of Portland business license number.

4.  A signed statement that the permittee shall hold harmless the City of Portland, its officers and employees and shall indemnify the City of Portland, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the commercial collection permit.  Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee, property owners, and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith.  Such insurance shall provide General Liability coverage insurance with a combined single limit of not less than $1,000,000 per occurrence for bodily injury and property damage.  Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insures the City of Portland, their officers and employees with respect to the permittee’s activities carried on under the terms of the commercial collection permit, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to the Auditor.

5.  Any other information that the Director may reasonably feel is necessary to accomplish the goals of this Chapter.

D.   Applications shall contain a written declaration, verified by the applicant, to the effect that the statements made therein are true.

E.   Applications shall contain written demonstration of adequate staff, equipment and collection vehicles necessary to provide services as required under Subsection 17.102.210 B.2.

F.  The Director may investigate and verify data reported in the permit application.

G.  The permittee shall provide written notice to the Director within 10 days of any changes in the information provided in the application that occurs after the application is submitted.

H.  The Director shall approve issuance of a commercial collection permit to the applicant after payment of the required fee, completion of the application form and following an evaluation of the information provided with the application.  The Director may deny the issuance of a commercial collection permit to an applicant under the following conditions:

1.  The permit application contains falsehoods or facts that cannot be verified;

2.  The applicant has failed to pay fees, assessments and interest as provided in Chapter 17.102;

3.  The applicant has been found by a court of competent jurisdiction to have practiced fraud or deceit upon the City; or,

4.  The applicant has had their permit revoked during the two years prior to the application.  For purposes of this section, "applicant" includes any individual who was a managing partner, or who owned or controlled more than 20 percent of the voting interests in the permittee whose permit was revoked.   

I.  There shall be no right to renewal of a commercial collection permit; each application shall be considered as it would be for a new permit notwithstanding that the applicant has previously been issued a permit.

J.  Denial of an application may be appealed to the Code Hearings Officer as provided in accordance with procedures set forth in Chapter 22.10 of the City Code.

1.  Any person requesting an appeal to the Code Hearings Office may be assessed a fee of up to $500 at the time of their application.  Failure to submit full payment of appeal fee within the time allowed to request an appeal hearing shall result in the denial of the request for an appeal hearing.

2.  If the Code Hearings Officer decides in favor of the appellant at the Code Hearing, the submitted appeal fee shall be refunded in full to the appellant.