[HISTORY: Adopted by the Mayor and Council of the City of
Española 11-16-1992 by Ord. No. 493 (Ch. 82 of the Code of
Ordinances). Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The residue from the burning of wood, coal, coke, or other
combustible materials.
Solid waste collected from other than residential collection.
The Department of Public Works.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
Solid waste that is deemed hazardous under federal statutes,
rules or regulations.
A limited class of substances that carry a risk of transmitting
disease, including, but not limited to:
Microbiological laboratory wastes, including clinical and stocks
of infectious agents from clinical research and industrial laboratories,
and disposable culture dishes and devices used to transfer, inoculate
and mix cultures;
Pathological wastes, including human or animal tissues, organs
and body parts, removed during surgery, autopsy, or biopsy;
Disposable equipment, instruments, utensils, and other disposable
materials which require special precautions because of contamination
by highly contagious diseases;
Blood and blood products, including waste blood, blood serum
and plasma;
Used sharps, including used hypodermic needles, syringes, scalpel,
blades, Pasteur pipettes, and broken glass; and
Contaminated animal carcasses, body parts and bedding, especially
those intentionally exposed to pathogens in research, in the production
of biological or the "in vivo" testing of pharmaceuticals.
The Santa Fe County Landfill.
Any plot of ground upon which three or more mobile homes,
occupied for dwelling or sleeping purposes, are located, regardless
of whether or not a charge is made for such accommodation.
Any individual, firm, partnership, corporation, cooperative,
association, or any other entity owning, operating, controlling, or
inhabiting any house, residence, shop, establishment, or other premises
within the corporate boundaries of the City.
Any property within the City corporate boundaries adaptable
for human occupancy, and shall also mean, but not be limited to, business
places, apartment houses, offices, theaters, hotels, residences, cafes,
restaurants, eating places, tourist facilities, hospitals, schools,
vacant lots, and any other places or locations within the City boundaries
where solid waste accumulates.
The employee of the City who enforces designated portions
of this Code, including this chapter.
Solid waste collected from premises occupied as individual
residential dwellings, containing no more than four families per lot,
and mobile home parks where the water and/or sewage service is furnished
by the City and billed to the individual occupant of the mobile home.
Includes, but is not limited to, all nonputrescible solid
wastes excluding ashes, such as paper, cardboard, cans, wood, yard
clippings, leaves, dirt, glass, bedding, crockery, and similar materials.
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility and
other discarded material, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, commercial, mining and
agricultural operations and from community activities, but not including
those items excluded as solid waste by the solid waste management
regulations adopted by the State Environmental Improvement Board.
Types of solid wastes that have unique handling, transportation,
or disposal requirements to ensure protection of the environment and
the public health and safety as defined by the state solid waste management
regulations.
A transferable container designated by the City as a receptacle
for solid waste.
The purpose of this chapter is to preserve the health, safety,
comfort, and convenience of the inhabitants of the City and to preserve,
protect, and improve the environmental quality of the City.
A.
Enforcing officer. The Public Works Director is responsible for the
administration and enforcement of this chapter.
B.
Duties of enforcing officer, generally. It shall be the duty of the
Director of Public Works to oversee the handling and collection of
all solid waste in the City and disposal or processing of the solid
waste. He shall have the authority to enforce this chapter and to
adopt regulations to implement this chapter.
C.
Specific duties of Public Works Director. The Public Works Director
shall:
(1)
Monitor compliance with the terms of any applicable contract, and
monitor compliance with the terms of this chapter;
(2)
Hear and decide complaints brought by a person concerning another
person's compliance with the terms of this chapter;
(3)
Notify persons whose containers are not in conformity with the requirements
set forth in this chapter;
(4)
Approve the locations of and need for all containers;
(5)
Notify persons if unsanitary conditions exist, according to the provisions
of this chapter;
(6)
Resolve disputes regarding placements of solid waste receptacles,
according to the provisions of this chapter; and
(7)
Order additional commercial pickups, if unsanitary conditions exist.
D.
Appeals of decisions of Public Works Director. Any person aggrieved
by a decision of the Public Works Director may appeal first to the
City Manager, and if the matter is not resolved, then to the City
Council, by filing a written appeal with the Municipal Clerk within
five days of the Public Works Director's decision. The Municipal Clerk
shall notify all parties by certified mail or registered mail of the
date of the hearing no less than 15 days prior to the date of the
hearing.
A.
Except as otherwise provided in this chapter, solid waste accumulated
in the City shall be collected, conveyed, and disposed of by the City
or its contractors.
B.
No person other than the City or an authorized contractor shall collect,
transport, or dispose of any solid waste accumulated in the City;
except that the actual producer of solid waste, or the owner or occupant
of property where solid waste has accumulated, may personally collect
and transport such solid waste, provided it is done in a sanitary
manner which will prevent any waste from spilling, blowing, or in
any other manner being deposited on any public or private property.
Such person shall deposit such solid waste in an authorized landfill
site or transfer station.
C.
Notwithstanding the terms of this section, all persons shall arrange
for regular residential or commercial solid waste collection with
the City, per the terms of this chapter, and shall pay for such service,
per the terms of this chapter.
A.
No person shall allow any solid waste to accumulate upon premises
or real property owned, leased, or occupied by him during intervals
between collection thereof, except in the manner provided by this
chapter.
B.
It shall be unlawful to deposit any solid waste in or upon the streets, alleys, sidewalks, gutters, or vacant land within the City, except in the assigned receptacles or containers as specified in Article II of this chapter.
C.
No person shall allow any material to accumulate in or around a minimum
of a twenty-foot clear space around the circumference of a fire hydrant.
A.
If a person served by the City has a grievance, that person shall
file a written complaint with the City Manager. The City Manager shall
schedule a hearing on the complaint within 15 days and send notice
of the hearing to all parties by registered or certified mail no less
than 15 days prior to the scheduled hearing date. The City Manager
shall hear the evidence and grant the appropriate relief, including
ordering the City to change its practices, ordering adjustment of
amounts paid to the City, or any other remedy that is appropriate.
B.
Persons shall not withhold payments owed to the City. Failure to
pay appropriate statements or to bring current a delinquent account
will entitle the City to pursue its legal remedies under the applicable
laws.
The City shall provide for suitable equipment and personnel
sufficient to collect solid waste within the City and shall provide
by contract for adequate areas for the disposal of solid waste. To
achieve such purposes, the City Council may enter into contracts for
the transportation and disposal of solid waste.
A.
Container required; maintenance required. Every person owning, leasing,
or occupying a residence or unit of a residence within the City shall
provide or cause to be provided on his premises one or more of the
following types of solid waste containers in sufficient number to
contain all solid waste accumulated by such person between collections.
Such containers shall meet the following specifications and be maintained
as required:
(1)
Containers shall be provided by the City without exception.
(2)
The container supplied by the City shall remain the property and
responsibility of the City.
(3)
Containers shall be maintained in mechanically sound condition by
the City.
(4)
The City shall be entitled to seek restitution from responsible third
parties for all maintenance, repairs or loss occasioned by the negligent
or intentional acts of third parties.
(5)
The combined weight of the containers and contents shall not exceed
100 pounds.
(6)
A second container may be purchased directly from the City for actual
cost, plus handling costs of 15%. Maintenance and repair on purchased
receptacles shall be the responsibility of the owner.
B.
Collection regulations. Residential collection regulations are as
follows:
(1)
Containers shall be only loaded with bagged garbage and in such a
manner as they will self-empty when inverted.
(2)
Solid waste that is too long or bulky to be placed in the containers
required by this article shall be prepared for collection by compressing
the rubbish as flat as practicable, or breaking or cutting into shorter
lengths, and securely tying in a bundle not exceeding four feet in
length and 50 pounds in weight. No solid waste such as light packing
materials, or other similar and easily scattered materials, shall
be included in the bundle, nor any garbage or material not defined
as rubbish. Such bundles shall be placed adjacent to containers for
collection.
(3)
The owner, occupant, tenant, or lessee of each premises shall store
the containers in such a manner as to keep the containers from being
overturned or upset and scattered in any manner.
(4)
Upon 10 days' written notice by registered or certified mail, return
receipt requested, the Department may advise a customer of a violation
of this section and order corrective action as appropriate.
C.
Collection times, locations and frequency; fees. Collection times,
locations and frequency shall be as follows:
(1)
Times and location. All residential containers, other than of a qualified
physically disabled resident, shall be placed out for pickup no later
than 7:00 a.m. on the regularly scheduled day, but no earlier than
7:00 p.m. the evening prior to pickup, unless otherwise authorized
by the Department. Residential containers shall be placed as close
to the back of the front curb as possible without causing interference
with pedestrian or vehicular traffic or fire hydrants. Containers
shall be clearly visible and accessible to collection employees and
free from any obstructions, including, but not limited to, trees,
shrubbery, walls, fences, and vehicles. All emptied containers shall
be removed from the curb area within 12 hours of collection.
(2)
Frequency. Solid waste from all residential premises shall be collected
and disposed of once each week.
(3)
Fees. The fees for residential containers include the fees for collections,
disposal and plastic bags, as supplied by the City. The actual fee
assessed will be $9.95 per month, plus applicable taxes and fees.
A.
Receptacles. Each owner or occupant of a residence shall be provided
with a supply of plastic bags in which to place his garbage. However,
when his supply is exhausted, the owner or occupant shall provide
his own plastic bags for the collection of his garbage.
B.
Location of garbage receptacles. Location of garbage receptacles
shall be as follows:
(1)
All garbage receptacles shall be kept in an enclosure until 6:00
a.m. of the day designated as the day for collection, after which
time the owner or occupant shall place such receptacles upon his property
where they are readily accessible for removing but not within the
limits of any street or alley within the City, unless by direction
of the Public Works Department.
(2)
Such receptacles shall not be placed anywhere so as to constitute
a nuisance.
(3)
In all cases of disputes or complaints arising from or concerning
the types of receptacles or the place where the receptacles shall
be placed while awaiting their removal, the Public Works Department
shall make the final determination.
A.
Container required; maintenance required. Commercial collection containers
shall meet the following specifications and be maintained in the specified
manner:
(1)
It is the responsibility of the City to arrange for commercial containers
which are compatible with the City's solid waste collection equipment.
It is also the responsibility of the owner of the premises to contact
the City concerning any relocation of a container, change of service,
or change of business.
(2)
Commercial or business establishments and multiple-family dwellings
with more than four dwellings on a single site are required to have
a commercial container unless granted an exemption by the Department.
Such container shall be kept in a clean, neat, and sanitary condition
at all times by the customer.
(3)
The size and specifications of a commercial container shall be based
on the volume and type of solid waste produced by the particular commercial
or business establishment or multiple-family dwelling. In cases of
disputes or disagreements concerning the appropriate size of a container,
the Department may order a change in the size of the container or
frequency of collections.
(4)
The City shall collect all Type 1, 2 and 3 solid waste which is contained
inside the approved receptacle to be serviced for that premises. The
solid waste shall not exceed the receptacle capacity, and the container's
lid must be closed when not in use. The owner shall not place any
solid waste in any area other than the solid waste container.
(5)
Maintenance. All solid waste receptacles shall be kept in a clean
condition by the user and kept in a good condition by the owner. The
owner will perform or cause to be performed all maintenance and repairs
upon solid waste containers in order to keep them in proper operating
order. The City shall maintain, repair, or repaint a container upon
the order of the Department. The City shall be entitled to seek restitution
from responsible third parties for all maintenance, repairs or loss
occasioned by the negligent or intentional acts of third parties.
B.
Criteria for the placement of containers. Criterion for the placement
of containers shall be as follows:
(1)
The container shall at all times be located in such a manner as to
be readily accessible for removing and emptying. Criteria for placement
shall include consideration of accessibility to the container by the
City and safety.
(2)
No commercial container shall be placed on any premises zoned R-1
or R-6, street, or alley without prior approval of the Department.
(3)
A property owner or his agent, whose site will require commercial
collection, shall submit to the Department an accurate site plan of
the whole site for which service is desired. The plan, including a
legal description, shall show lot lines, existing and planned buildings,
proposed collection points and enclosures (including the design of
the enclosure), and the proposed location of each commercial container.
(4)
The specific location for a commercial container shall be approved by the Department. Commercial containers and enclosure facilities shall be located according to the criterion of Subsection B of this section.
(5)
The Department may require alternative locations or enclosure design.
(6)
In cases of disputes or complaints arising from or concerning the
placement of a container, the Department shall designate the location
of such containers, taking into consideration, among other things,
convenience to collection crews, convenience to customers, and hazardous
conditions such as electrical wires.
C.
Collection times; container size; frequency of collection; fees.
Times of collection, size of containers, frequency of collection and
fees shall be as follows:
(1)
Times. Commercial containers shall be serviced between the hours
of 4:00 a.m. and 8:00 p.m. on the regularly scheduled pickup days.
(2)
Frequency. It shall be the responsibility of the City and the commercial
user to determine the cubic yard size and number of pickups per week
for commercial containers. The minimum number of pickups shall be
one time per week. If, in the opinion of the Department, unsanitary
premises are being maintained, written notice of this fact shall be
sent by registered or certified mail, or delivered to the user. The
notice shall state if the Department will require the user to increase
the size of the container or to increase the frequency of collection
service to maintain sanitary conditions. If, within 10 days after
the mailing or hand delivery of such notice, the premises are not
being maintained in a sanitary manner, the user shall be in violation
of this article and shall be subject to the penalties provided in
this chapter.
(3)
Fees. The fees for commercial containers include the fees for collection
and the container supplied by the City. The actual fee for a commercial
container is $3.75 per cubic yard (average) per pickup, per week,
plus applicable taxes and fees. The minimum commercial fee is $22
per consumer, per month.
(4)
Sharing containers. Commercial businesses that do not warrant three-yard
containers or larger, when determined by the Department, will be allowed
to share a one-and-one-half- or three-yard container. Fees will be
based on a proration of commercial charge and assessed accordingly.
In the event of a conflict, the proration shall be as determined by
the Public Works Director and the City Manager.
A.
The City shall construct, operate and maintain no fewer than two
transfer stations. One transfer station will be located on the east
side at El Llano; the other transfer station will be on the West Side
at the Johnnie A. Roybal Industrial Park. Transfer stations will be
open for public use no more than five days per week, Wednesday through
Sunday, from 9:00 a.m. until 4:00 p.m. These five days, or the time
schedule, may be changed at the discretion of the Department.
A.
Burning. It shall be unlawful to burn solid waste of any nature within
the City. Tumbleweeds may be burned with the permission of the State
Environmental Department, subject to the conditions set forth by that
department.
B.
Construction debris. Construction debris shall be subject to the
following regulations:
(1)
All construction sites shall have a method of containment for construction
debris to prevent the debris from blowing or scattering upon the site
or adjacent property and streets. The method of containment shall
meet with the approval of the Department.
(2)
The producer of construction debris shall arrange with the City for
its collection and removal, except that the person may personally
collect such debris and transport it to the designated transfer station.
Transportation shall be in a vehicle which will prevent the debris
from spilling, blowing, or in any other manner from being deposited
on any street, roadway, or property.
C.
Flammable or explosive materials. It shall be unlawful to place flammable
or explosive materials in residential or commercial containers. The
producers of such materials shall provide a method of disposal which
meets with current state solid waste regulations.
D.
Hot ashes and other combustible material. It shall be unlawful to
deposit hot ashes, cinders, smoldering coals, or greasy or oily substances
liable to spontaneous ignition into any combustible receptacle or
place the same within 10 feet of any combustible materials, except
in metal or noncombustible receptacles. For at least 48 hours prior
to the scheduled time of collection, ashes or cinders shall be cooled
and shall be placed at the collection point in disposable containers.
E.
Infectious waste. It shall be unlawful to place in any container
for regular collection any infectious waste or an item that has come
in contact with infectious waste.
F.
Special and hazardous waste. It shall be unlawful to place or cause
to be placed in any container for collection any special or hazardous
waste of any kind. Any special or hazardous waste will be removed
from the City at the owner's or producer's expense to an approved
site.
A.
Solid waste shall be divided into the following categories:
(1)
Type 1: waste resulting from the handling, preparation, cooking and
consumption of foods, tin cans, glass and crockery.
(2)
Type 2: ashes, paper, dirt, floor sweepings.
(3)
Type 3: cardboard in lots of sufficient size to be compacted and
bundled.
(4)
Type 4: yard waste, including, but not limited to, tree branches
and other parts of trees, leaves, grass clippings and plant material.
(5)
Type 5: animal carcasses.
(6)
Type 6: construction rubble, consisting of dirt, asphalt, concrete
and automobile and truck tires.
(7)
Type 7: automobiles or large parts of automobiles, and white goods,
including large appliances such as stoves, washing machines, dryers
and refrigerators.
B.
The east side and west side transfer stations shall only receive
Types 1 and 2 garbage in enclosed plastic bags. In addition, the east
side transfer station will also receive Types 3, 4 and 6 solid waste
when placed by the customer in areas designated by the transfer station
attendant.
C.
The City will not accept Types 5 and 7 solid waste or infectious
or hazardous waste, which shall be disposed of by the owner of such
wastes in accordance with applicable state and/or federal regulations.
The City shall observe the following holidays as noncollection
days: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving,
and Christmas. Collection shall occur on an alternate day approved
by the Department. Commercial collections on such holidays shall be
performed on the day either prior to or after the holiday at the option
of the City.
A.
The City may remove or order the removal of any solid waste from
any real property or any premises if:
(1)
Any person owning, occupying, or controlling real property or premises
allows solid waste to be deposited or accumulated upon his property
other than in the proper receptacle and fails to remove solid waste
or to place the solid waste in the proper receptacle within 48 hours
after notice from the Department.
(2)
The person owning, occupying, or controlling real property or premises
refuses to use the solid waste collection service provided by the
City.
B.
After such removal of solid waste, the City shall bill the person
the charge allowed under this article for such removal. Failure to
pay the charge is a violation of this article.
A.
It shall be the duty of the owner or occupant to remove refuse from
an adjacent right-of-way. It shall be unlawful for any person to place,
or permit another to place, any garbage or trash in any receptacle,
at any refuse collection point, or in any refuse container used in
the City container collection service unless the refuse is from the
premises served by the container or from the premises at which the
receptacle or collection point is located.
B.
City service containers at several points in City areas are provided
for refuse from apartment house areas, businesses, and institutions
within the City boundaries, and refuse from outside the City boundaries
shall not be placed in the City service containers.
C.
It shall be unlawful for any person to place or deposit, or permit
another to place or deposit, prohibited refuse in City service containers
or to place anything on the ground at these locations.
D.
The owner or occupant of any building, house, structure or land shall
cause to be removed all refuse items of the nature which are prohibited
to the regular collection service, and which are located, owned or
deposited on the property or on the public right-of-way adjacent to
the property. The existence of refuse or any other item on the property
or the adjacent public right-of-way shall be prima facie evidence
that such owner or occupant failed to remove, as provided by this
article, at his own expense the refuse or other items so stored or
located thereon. Removal within three days of notice by the City is
required.
E.
It shall be unlawful to deposit any garbage on the public street,
alleys or public ways except in proper receptacles or to deposit it
on vacant lots or out of receptacles with the intent to avoid its
collection under the terms of this article.
Each owner, manager, occupant, tenant or lessee of a house or
building used for residential, business or commercial purposes shall
maintain supervision and surveillance over the garbage or trash receptacles
serving such premises, and if such receptacles are not emptied and
the contents removed by an employee of the City or other duly authorized
person for a period of five days, he shall notify the Department of
the fact within five days.
A.
Deposit for cart replacement. A fee of $0.50 per month will be assessed
to each residential customer and deposited in an equipment replacement
and repair fund.
B.
Deposit for dumpster replacement. A fee of $1 per month will be assessed
to each commercial customer and deposited into an equipment replacement
and repair fund.
C.
Equipment replacement and repair fund. The equipment replacement
and repair fund shall be a revolving fund to be used only for the
purpose of equipment replacement and repair, and no balance of such
fund shall revert to the general fund at the end of any fiscal year.
D.
Private use of transfer stations.
(1)
The following user fee schedule shall apply:
|
Type/Amount of Waste
|
Fee
| |
|---|---|---|
|
1/2 ton and under
|
$5
| |
|
1/2 to 3/4 ton
|
$10
| |
|
3/4 to 1 ton
|
$15
| |
|
1 ton and over
|
$20 per ton
| |
|
Green waste, per ton
|
$6 minimum
| |
|
Construction rubble
|
$15 per ton
| |
|
Tires
|
$5 minimum; $25 per ton
|
(2)
Residential customers of the City may use the transfer stations,
at no cost, for disposal of Types 1, 2, 3, 4, and 6 solid waste a
maximum of four times per month upon presentation of a current paid
solid waste bill, provided that such disposal is made in vehicles
no larger than a three-quarter-ton pickup or equivalent size trailer.
A.
On or before August 1 of each year, the City Clerk shall send notice
to every person still owing garbage assessments billed the previous
fiscal year. Each notice shall state the assessment and penalty amounts
owed and shall provide notice that a lien in the amounts owed shall
be placed on the property if payment is not received by September
1. On or before September 10 of each year, the City Clerk shall prepare
an assessment roll showing all delinquent assessments billed in the
previous fiscal year. The assessment roll shall list, in columns:
(1)
The name of the owner, if known, of the parcel of real estate being
assessed;
(2)
A description of the parcel of real estate being assessed;
(3)
The amount assessed against each parcel of real estate; and
(4)
A description, in general terms, of the removal and what was removed
from the real estate being assessed.
B.
The City Clerk shall publish notice stating that the assessment roll
for delinquent garbage collection charges due is on file in the office
of the City Clerk and the time and place when the City Council will
hear appeals or protests by any person aggrieved by the assessment.
The notice shall be published once not less than 10 days nor more
than 20 days before the day of the protest hearing. If the address
of the owner of the real property is known, a copy of the notice shall
be mailed by certified mail, return receipt requested, to the known
address of the owner of the real property being assessed.
D.
The City Council shall (1) determine the regularity of the proceedings;
(2) correct any errors found in the assessment; and (3) by resolution,
confirm the proceedings and the assessments. The proceedings and assessments
so confirmed shall be deemed to be the final determination as to the
regularity, validity and correctness of the assessment.
E.
On or before October 1 of each year, the City Clerk shall certify to the City Council a list containing any delinquent assessment with penalty added for nonpayment of the assessment at the rate of 1% per month of any assessment confirmed by resolution as provided in Subsection D of this section, and describe the parcel of real estate to which the assessment is applicable. After the certified list is accepted by the City Council, the assessment shall be a lien, when processed against the parcel of real estate and shall be processed as provided in NMSA 1978 §§ 3-36-1 through 3-36-5. Any such lien shall be a lien superior to all other liens except general property taxes upon the property so charged and a personal liability of the owner of the property so charged and shall bear interest at the rate of 1% per month.
A.
Within 60 days from the date of the filing for record of the claim
for lien, the City Clerk shall mail to each delinquent property owner,
as shown by his records and addressed to such owner at the same address
for the mailing of statement, a notice of delinquency, notifying such
owner that a claim of lien on the property affected has been filed,
of the amount required to secure the release thereof and that the
lien may be foreclosed as provided in NMSA 1978 § 3-36-4
or 3-36-5.
B.
There shall be assessed by the City a fee of $15 for the processing
of a release of lien for delinquent service fees. The lien processing
fee shall be added to the delinquent service fees. The lien processing
fee shall be added to the balance due the City and shall be treated
as a fee due the City. This charge shall be collected whether release
is sought prior to or after the commencement of the foreclosure proceedings
to enforce the lien for delinquent garbage assessments.
C.
If a suit to foreclose the lien has been instituted, such suit shall
be dismissed at any time before foreclosure sale upon receipt of all
fees, penalties and interest provided for in this article, in addition
to payment of all costs of the foreclosure proceeding attributable
to the property sought to be released, including reasonable attorney's
fees to be fixed by the court in which such foreclosure proceeding
has been instituted.
A.
Every person owning, occupying, or controlling real property or premises
within the City upon which solid waste is generated or accumulated
shall make arrangements with the City for the collection of solid
waste per the terms of this article. Such persons shall pay to the
City the fees established and set forth in this article, whether or
not the solid waste collection service is actually used. Failure to
comply is a violation of this article, in accordance with NMSA 1978,
Ch. 3, Art. 48 (NMSA 1978 § 3-48-1 et seq.), as amended.
Charges are delinquent if overdue for 15 days or more.
B.
Vacated premises shall continue to receive charges unless the owner
or agent of such premises makes an application in writing to the City
stating the date of vacated premises and expected date of reoccupancy.
Charges may not be stopped until such application is made or the City
documents the vacancy through contact with the tenant or the owner.
No credits shall be given for charges on vacant premises prior to
receipt of such application or documentation. All charges are on a
monthly basis, and credit shall not be prorated. Premises vacated
for less than one month will not receive a credit. Any person making
a false statement upon any application or request pursuant to this
article shall be guilty of a violation of this article.
C.
All charges shall be payable to the City and will become delinquent
15 days after the close of the month's service. A delinquent fee of
10% per mailing shall be imposed for each month a person is delinquent
to offset delinquent billing notification.
