Except as provided under TMC 13.25.230, 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-hour 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. This right shall be in addition to and not in lieu of any other remedy available to the city. If necessary, the city may take temporary possession of, and the franchisee shall peacefully surrender, any or all of the franchisee’s land, equipment, and other property used or useful in the collection of solid waste or recyclable materials until such time as the emergency is resolved. If such possession occurs, the city assumes all responsibility and liability for the equipment and land used to perform such temporary collection services. [Ord. 872 § 8.7, 2014.]