[Code 1980 §11-16; CC 1990 §12-1; Ord. No. 6695, 5-28-2002]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings prescribed to them, except where the context
clearly indicates a different meaning:
The total cost incurred by the City in connection with a
public nuisance including, but not limited to:
Any cost incurred in removing or remedying a public nuisance;
The notice and order, appeal and termination fees or administrative
services rendered by the City in connection with the inspection, notification,
prosecution and abatement procedures authorized by this Code:
The notice and order, appeal and termination fees shall be in
such amounts as are determined from time to time by resolution of
the City Council.
The notice and order, appeal and termination fees will be calculated
based on services rendered by the department from the time of the
initial complaint intake for the purpose of documenting a violation
of this Code until the violation is corrected.
The notice and order, appeal and termination fees are not intended
to be a penalty imposed for violation of this Code or other laws.
Any waste or animal or vegetable matter likely to decay or
usually discarded as waste matter from any source, except for compost
matter which does not create a nuisance or emit an obnoxious odor.
Any cast-off, damaged, discarded, junked, obsolete, salvage,
scrapped, unusable, worn-out or wrecked object, thing or material
composed in whole or in part of asphalt, brick, carbon, cement, plastic
or other synthetic substance, fiber, glass, metal, paper, plaster,
plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas,
organic matter or other substance having no substantial market value
or requiring reconditioning in order to be used for its original purpose.
The scattering or dropping of rubbish, trash or other matter
including, without limitation, fruit or fruit particles, wrappers,
containers, papers, paper products, bottles, glass, cans, metal parts,
hulls, handbills, confetti, shavings, shells or stalks.
Owner of record of real property, occupant, lessee, interested
holder in same or homeowners' association, as the case may be. For
purposes of this Chapter, a homeowners' association which exercises
management and/or control over a common area shall be deemed an owner
of the area over which such control is exercised. Exercising control
includes, but is not limited to, maintenance, ownership, easements
and/or assessing fees on property owners pursuant to agreements, deeds
or recorded documents.
Includes the record owner of the property, any tenant, any
lessee of the property, any individual in charge of or responsible
for the property as the agent of the record owner or tenant of the
property.
Any real property or improvements thereon, as the case may
be, including, but not limited to, an area designated as a common
area within a condominium or similar project.
Premises.
Any type of debris or rejected matter.
Worn-out, used, broken up or worthless matter or material.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
If service is reasonably available for premises where solid
waste is generated, an agreement shall be in effect for the collection
of solid waste generated on the premises with a solid waste collection
service having solid waste vehicles licensed by the City for the collection,
transportation and disposal of solid waste. It shall be the responsibility
of the property owner to assure that an agreement for the collection
of solid waste is in effect; provided, however, that if the City grants
an exclusive license agreement to a solid waste collection service
provider, then the property owner from one-family, two-family and
multi-family dwellings shall be obligated to accept and pay for the
services provided in accordance with the exclusive license agreement
and may not accept the services of any other solid waste collection
service provider. In the event the property owner fails to pay for
the solid waste collection service the property owner and occupant
shall receive a notice that the collection service provider has not
been paid, and said solid waste collection company shall stop service.
In the event that the property owner fails to pay in full, for the
solid waste collection service, resulting in a reinstatement of the
solid waste collection service, the occupancy of the premises shall
be revoked and the residential rental license of the property owner
may be revoked. In so doing, the City will post a notice of revocation
of occupancy and any eviction may include a forcible entry and detainer
and/or the issuance of a summons for unlawful occupancy. If a disruption
of service is necessary a request to suspend service may be granted
if both the property owner and the solid waste collection service
agree on said period of time.
[1]
Editor’s Note: Section 1 also changed the title of this
Section from “Waste To Be Collected” to “Solid Waste
To Be Collected.”
