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A. 

1. In the event that a franchisee, for any reason whatsoever, fails, refuses or is unable to collect or transport any or all solid waste for a period of more than 48 hours, and if, as a result thereof, solid waste or recyclable materials should accumulate in the City to such an extent that the City finds that such accumulation endangers the public health, safety or welfare, then the City shall have the right, but not the obligation, upon 24 hours’ prior written notice to the franchisee, to perform or cause to be performed collection services with its own or other personnel at the franchisee’s expense.

2. This right shall be in addition to and not in lieu of any other remedy available to the City.

B. If necessary and until such time as the emergency is resolved, the City may take temporary possession of, and a franchisee shall peacefully surrender, any or all the franchisee’s land, equipment, and other property used or useful in the collection of solid waste or recyclable materials. [BC 4.08.450, added by Ordinance No. 4203, 5/6/02; amended by Ordinance No. 4613, 4/2/13]