(A) 
City sanitation services shall be supplied to premises only after proper application and approval.
(B) 
Temporary emergency sanitation service may at the discretion of the Director be extended to any premises under any reasonable terms, fees, or conditions.
(C) 
Customers who do not have City water and electric service shall pay a deposit for sanitation service in the amount of three times the applicable monthly service charge. This amount shall be paid to the City prior to the start of sanitation waste collection service.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
When moving from a premises, a sanitation waste customer shall notify the City of their move no later than the first regular business day after vacating the premises. Failure to notify the City in this manner may result in the customer remaining responsible for all sanitation billing for services provided at the former address.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
Unless otherwise provided for in this chapter, all solid waste shall be placed for collection in an automated residential solid waste container, a single stream recycle container, or a commercial container. Any solid waste not placed in accordance with this chapter shall constitute a nuisance within the meaning of Section 32.50 of this Code and shall be subject to such penalties or abatement procedures as provided by Chapter 32.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
(A) 
In general.
Unless otherwise provided for in this chapter, solid waste from residential properties which border a paved alley shall be placed for City collection no more than two feet from the paved alley. Where a residential property does not border a paved alley, solid waste shall be placed for City collection in front of the premises between the sidewalk and curb. This location of collection shall be referred to as the Designated Collection Point.
(B) 
Placement and segregation of landscape waste and bulky waste.
(1) 
Landscape waste such as brush, tree limbs, and tree trunks, shall be placed for collection in a pile at the designated collection point and shall not be mixed with any other solid waste.
(2) 
Landscape waste such as leaves and grass clippings, shall be placed for collection in bags in a pile at the designated collection point and shall not be mixed with other solid waste.
(3) 
Bulky waste not otherwise prohibited by Section 52.30 may be placed for collection in a pile at the designated collection point in front of the resident’s premises not earlier than one day prior to the scheduled collection day and shall not be mixed with any other solid waste.
(4) 
When a household appliance is left for collection pursuant to this chapter as bulky waste, all household appliance doors shall be removed or otherwise secured for the safety of the public.
(5) 
Bulky waste items may not be placed out for collection more than one day prior to the scheduled collection day for the residence.
(6) 
Landscape waste and bulky waste shall not be placed for collection within five feet of mailboxes, cable boxes, sprinkler heads, gas meters or other stationary objects and shall not be placed underneath overhanging limbs, low hanging wire, or similar obstructions that would hinder their safe collection.
(7) 
No person or vehicle shall block the City’s access to, or hinder, the collection of, landscape waste or bulky waste placed at the designated collection point. A premium collection service fee may be charged for any blocked items or late setouts and waste may not be collected.
(8) 
After receiving notice that an item placed for collection cannot be handled by collection crews, the customer shall remove and dispose of such items at the customer’s own expense. Such items, if not removed by the customer, may be abated as a nuisance under the provisions of section 32.61 of this Code.
(C) 
Residential solid waste containers shall be placed for collection at the collection point designated by subsection (A) not earlier than 6:00 p.m. on the day before the scheduled collection day and no later than 7:00 a.m. on the scheduled collection day. If the collection point is from the front of a dwelling, residential solid waste containers shall be removed from the collection point prior to 11:00 p.m. of the scheduled collection day. Unless provided otherwise in this chapter, if the collection point is from an alley, the residential solid waste container does not need to be removed from the point of collection and may be stored at that location. If a residential solid waste container must be removed from the collection point, the residential solid waste container shall be removed and stored in one of the following locations:
(1) 
A location out of the view of the public and adjacent to the dwelling;
(2) 
If the dwelling unit is located on an alley next to a parallel street that does not have a solid screening wall between the alley and the street, then to the side of the main dwelling unit;
(3) 
If the dwelling unit is on Lawler Road between Plano Road and Jupiter Road, then to the side of the main dwelling unit; or
(4) 
An area located behind the dotted line as shown in examples 1 or 2, below.
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(D) 
If a residential solid waste container is not serviced during a scheduled collection time due to improper placement or late placement at the designated collection point, a special collection fee may be assessed if collection is requested by the customer earlier than the next scheduled collection day.
(E) 
A person may request a reasonable accommodation from the requirement for placement of the residential solid waste container at the designated collection point. The applicant shall file a request for reasonable accommodation with the Director and the applicant shall not be charged a fee for the application. The application shall contain the following:
(1) 
A statement that the applicant (or the person on whose behalf the applicant is requesting the accommodation) suffers from a handicap or disability (such as vision or mobility impairment) which substantially interferes with his or her ability to place the residential solid waste container at the designated collection point;
(2) 
A statement signed by a medical care provider verifying that the applicant suffers from a disability; and
(3) 
A statement from the applicant that the accommodation is both reasonable and necessary. An accommodation under this section is “necessary” if no member of the applicant’s household is physically able to place the container at the designated collection point and if without the accommodation the applicant will be denied an equal opportunity to obtain the housing of his or her choice.
If the requested accommodation is granted, the applicant’s residential solid waste container and single stream recycle container and bin shall be placed for collection in a location approved by the Director which is easily accessible and not located within a fenced area, garage, or inside of a residence. A renewal notice may be sent annually to customers receiving collection assistance which shall be promptly returned to the Director in order to verify the applicant’s continued qualification for the accommodation.
(F) 
After receiving notice that an item placed for collection cannot be handled by collection crews, the resident shall remove and dispose of such items at the expense of the resident. Such items, if not removed by the resident, may be abated as a nuisance under the provisions of section 32.61 of this Code.
(G) 
The Director has at his discretion the authority to establish alternate designated collection points for any material collected by sanitation department in order to preserve property, address safety issues, or ensure efficient operations.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
(A) 
It shall be unlawful for any person, other than the lessee or his authorized representative, to deposit or cause to be deposited, any type of waste in a commercial container where said container is posted with a notice prohibiting such action.
(B) 
There shall be no parking in front of or within ten feet of either side of commercial containers.
(C) 
Commercial customers shall ensure that no liquid waste of any type is placed in their commercial container and that no solid waste is placed outside the container.
(D) 
Customers may not relocate a commercial container from its established collection point or alter the appearance of commercial containers without the written approval of the Director.
(E) 
No commercial container shall be placed within a public right-of-way unless approved by the Director and the City’s Director of Transportation, or their appointed designees.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
(A) 
Where two or more commercial services customers request to use the same commercial container, the Director may allocate the cost of the commercial services among the sharing customers. Each customer sharing a commercial container shall be responsible for the payment of their portion of this service.
Example: When a shared commercial container is paid for by three commercial customers, the amount due for the commercial container shall be divided by three. However, should one of the customers discontinue service, the amount due for the commercial container shall be divided between the remaining two customers.
(B) 
Shared front-load commercial container services shall only be allowed if the commercial business location does not have sufficient space or pavement type to place separate front-load commercial containers for each business location.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
Customers shall be furnished with one residential solid waste container as a part of basic collection service. The City shall retain ownership of the residential solid waste container. Residential solid waste containers shall not be moved from the residence of record to another location.
(1) 
If requested, up to two additional residential solid waste containers may be provided. An additional monthly fee shall be charged for each additional container as set forth in Chapter 50.
(2) 
If a customer moves to a location where there is no residential solid waste container, the customer may request delivery of a residential solid waste container to this new address at no charge to the customer.
(3) 
Solid waste placed in the residential solid waste container shall be contained in either plastic or paper bags to help prevent odors and to prevent the contents from blowing out of the container when the container is emptied.
(Ordinance 6907 adopted 5/16/17)
If a residential solid waste container or single stream recycling container or bin is lost, stolen, or damaged, the customer shall be responsible for notifying sanitation department to arrange for repair or replacement of the container or bin. If the loss or damage to the container was not due to the customer’s misuse or negligence, there will be no charge to the customer. However, if the damage occurred due to the customer’s misuse or negligence, the customer shall be liable for the cost to repair or replace the damaged container(s).
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
(A) 
No person shall place a residential solid waste container, single stream recycling container or bin, any landscape waste, or any bulky waste on or touching a stormwater drainage inlet structure, gas meter, water meter, electric transformer or other utility system equipment. Any damage occurring during collection to such surrounding structures due to improper solid waste placement shall be the customer’s responsibility.
(B) 
No person shall ignite a fire or burn material in any residential solid waste container, single stream recycling container or bin, or commercial container. Additionally, no person shall paint, deface, or place any placard or sign upon any type of container furnished by the City. Any customer responsible for damage to a container shall be charged a repair or replacement cost up to the cost of a new container or bin.
(C) 
No person shall stop, stand, or park a motor vehicle, trailer, or boat on public or private property within fifteen feet of, or in a manner that prevents access to, a residential solid waste container, single stream recycle container or bin, landscape waste, or bulky waste by a collection truck that is attempting to service the solid waste. A premium collection service fee may be charged for any blocked items and waste may not be collected. For the purposes of this section, it shall be presumed that the owner of record of any violating vehicle or trailer is the person who stopped or parked the vehicle or trailer in the offending location.
(D) 
Household hazardous waste, liquid and prohibited waste shall not be placed in any residential solid waste container or single stream recycle container or bin.
(E) 
No person or business shall dispose of or discard any hypodermic needles or other sharp objects unless the sharp objects are placed within in a puncture resistant container such as plastic jugs or detergent containers.
(F) 
Hot ashes from a fireplace or hot coals from a barbecue grill shall not be placed in a residential solid waste container.
(G) 
No person shall place in a residential solid waste container items such as brush, lumber, or other materials that may cause damage to a container or City vehicle. In the event such items are placed in the residential solid waste container, the occupant of the premises is responsible for the removal of the items from the container.
(H) 
No residential solid waste containers, or single stream recycle containers or bins shall be placed within four feet of mailboxes, cable boxes, sprinkler heads, gas meters or other stationary objects, and shall not be placed underneath overhanging limbs, low hanging wires and similar obstructions.
(I) 
If a customer has more than one residential solid waste container, each container shall be placed at least four feet apart for collection.
(J) 
Residential solid waste containers and single stream recycle containers and bins shall not be placed closer than four feet from a fence line or gate.
(K) 
Residential solid waste containers and single stream recycle containers or bins shall be placed at least four feet apart for collection.
(Ordinance 6907 adopted 5/16/17)
(A) 
All commercial customers shall enter into a commercial container and collection service agreement with the city in order to obtain City-provided sanitation and recycling services.
(B) 
A written addenda to the commercial container and collection service agreement is required in order for a commercial customer to modify any contracted service level.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
(A) 
If deemed necessary to obtain a competitive advantage, the Director may enter into front load or roll off container service agreements with commercial sanitation services customers for contract amounts no more than 35% below the established ordinance rate for such services.
(B) 
Where the commercial customer is a multi-family property, shopping center, business park, or similar property where multiple containers are utilized, contracts for these types of customers may be adjusted no more than 45% below the established ordinance rate for such services.
(C) 
The Director may authorize service incentives for commercial customers to obtain their business account or to retain existing business accounts.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
Prior to providing collection services, the City may collect a deposit equal to the amount normally charged for one haul for roll-off container services or one monthly service charge for front-load container service if a customer does not have an established utility account or if the customer’s payment history with the City is unsatisfactory. For commercial contractors performing work at construction project sites without an established utility account with the City, a deposit may be required equal to the amount normally charged for two hauls for roll-off container service.
(Ordinance 6907 adopted 5/16/17)
If it is the desire of a commercial customer to dissolve a commercial container and collection service agreement, the Director may extend an offer to the commercial customer to ‘buy out’ the service agreement by paying an amount equal to either the full contract amount remaining on the service agreement or a lesser amount agreed to by the Director.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
(A) 
Commercial businesses may obtain a maximum of five plastic 95-gallon solid waste containers if one or more of the following criteria is determined by the Director to apply:
(1) 
If the commercial business is a low-waste generating business.
(2) 
If the commercial business is a small businesses located in close proximity of a residential area.
(3) 
If the commercial business location does not have sufficient space or pavement type to set a front-load container.
(B) 
The commercial business customer served by automated commercial container service shall place the container(s) at the designated collection point not earlier than 6:00 p.m. on the day before the scheduled collection and not later than 7:00 a.m. on the scheduled collection day. The customer shall remove the container from the collection point prior to 11:00 p.m. of the scheduled collection day.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
The City shall not be liable for any damage to asphalt, concrete, or other paving surfaces which may occur during collection.
(Ordinance 6907 adopted 5/16/17)
(A) 
Residents may place construction and demolition debris at the designated collection point for collection. Construction and demolition debris must be bagged, boxed or bundled and cannot exceed 40 pounds. The following are acceptable types of construction and demolition debris:
(1) 
Fencing material;
(2) 
Lumber;
(3) 
Insulation;
(4) 
Gypsum board that is placed in a disposable container;
(5) 
Siding;
(6) 
Paneling;
(7) 
Floor coverings;
(8) 
Plastic sheet material;
(9) 
Plastic laminate;
(10) 
Piping;
(11) 
Wire;
(12) 
Plumbing fixtures;
(13) 
Glass items, such as broken or unbroken shower doors, windows or door glass panes which are placed in a box or other solid container to prevent injury to collection personnel; and
(14) 
Other construction and demolition debris not prohibited by this chapter.
(B) 
Each residential address shall be provided with no more than four separate collections of construction and demolition debris per calendar year. No person shall place construction and demolition debris at designated collection point more than four times per year. After the fourth occurrence, a premium services collection fee will be charged.
(Ordinance 6907 adopted 5/16/17)
Except for bagged animal waste material resulting from the preparation, processing or consumption of food, no person shall place any animal carcass in or around any residential or commercial solid waste containers, or place an animal carcass in piles of landscape waste or bulky waste placed for collection.
(Ordinance 6907 adopted 5/16/17; Ordinance 7017, sec. 13, adopted 9/18/18)
Editor’s note–Former section 52.27 pertaining to collection by persons other than city, franchise agreement was relocated to section 52.39.
Title to all solid waste placed for collection shall be vested in the City immediately upon placement at the designated collection point by the person disposing of such solid waste. The Director reserves the right to recycle or otherwise salvage materials during any part of the disposal process. This section does not apply to solid waste placed for collection in contradiction with this chapter and solid waste that the City is prohibited by law or permit condition from collecting, handling or disposing. The responsibility for properly disposing of such waste not accepted by the City shall remain with the person placing such waste for disposal.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
(A) 
Premium sanitation services includes:
(1) 
Residential sanitation collection on a day not scheduled for collection at the residence;
(2) 
Alley collection of landscape waste or bulky waste from a residence;
(3) 
Collection of landscape waste or bulky waste from a commercial site or new home construction site; and
(4) 
Late set-outs or blocked collections.
(B) 
Premium service is available on request from a customer for a charge of $4.00 per cubic yard of sanitation with a minimum charge of $10.00.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
The following categories of solid waste shall not be placed for collection at any property in the City:
(1) 
Roofing materials;
(2) 
Concrete;
(3) 
Asphalt;
(4) 
Rocks;
(5) 
Dirt;
(6) 
Bricks;
(7) 
Household hazardous waste (HHW);
(8) 
Tires;
(9) 
Tire and wheel combinations;
(10) 
Paint;
(11) 
Automotive parts;
(12) 
Fire damaged material;
(13) 
Liquid waste of any type;
(14) 
Oil and oil filters;
(15) 
Hot ashes or hot charcoal;
(16) 
Garbage or trash (bagged or unbagged) located outside of a residential solid waste container;
(17) 
Any solid waste which, in the opinion of the Managing Director, was generated at a location other than the address where the solid waste has been placed for collection;
(18) 
Solid waste that, by its nature, weight, or shape may not be readily lifted and loaded by the City’s collection crews; and
(19) 
Construction and demolition debris generated in connection with a major renovation project. Large amounts of trees, brush, and landscape waste cleared from same property in preparation for construction of a dwelling shall also not be eligible for landscape waste and bulky waste collection. Such items shall be removed by the building contractor, owner or occupant of the premises at their own expense.
(Ordinance 6907 adopted 5/16/17)
A customer may obtain one single stream recycle container depending upon the customer’s designated collection area. The City shall retain ownership of the recycling receptacles. Single stream recycle containers shall not be moved from the residence of record to another location.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
Single stream recycle containers shall be:
(1) 
Placed at the point of collection no earlier than 6:00 p.m. on the day before scheduled collection and no later than 7:00 a.m. on the scheduled collection day. Containers shall be removed from the collection point prior to 11:00 p.m. of the scheduled collection day;
(2) 
Placed with at least four feet of space between each recycling bin or container and any residential solid waste container;
(3) 
Placed with at least four feet of space from mailboxes, cable boxes, sprinkler heads, gas meters, fences or other similar obstruction; and
(4) 
Placed with at least four feet of space from any fence line or gate.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
The following materials are acceptable for placement inside single stream recycle containers or bins. Residents using bins may use clear white plastic bags if additional recycle material capacity is required:
(1) 
Plastic containers marked #1–#7, including water and soda bottles, milk jugs, yogurt cups, and shampoo bottles;
(2) 
Aluminum, tin and steel cans;
(3) 
Empty aerosol cans that do not contain chlorofluorocarbons (CFCs);
(4) 
All colors of glass bottles and jars;
(5) 
Newspapers;
(6) 
Magazines and catalogs;
(7) 
Newspaper inserts;
(8) 
Store advertisements and junk mail;
(9) 
Office paper;
(10) 
Shredded paper tied in clear bags;
(11) 
Chipboard (cereal and cracker boxes);
(12) 
Small empty and flattened cardboard boxes that fit inside the single stream recycle container or bin; and
(13) 
Telephone books.
(Ordinance 6907 adopted 5/16/17)
The following materials are not acceptable for placement inside single stream recycle containers for collection:
(1) 
Household garbage;
(2) 
Plastic grocery bags;
(3) 
Aerosol cans that contain chlorofluorocarbons (CFCs);
(4) 
Automotive fluid containers (motor oil, antifreeze, etc.);
(5) 
Aluminum foil or disposable aluminum plates and pie tins;
(6) 
Scrap metal;
(7) 
Paint cans;
(8) 
Plastic containers that contained household hazardous waste materials such as bleach;
(9) 
Light bulbs, plate glass, automotive glass, tempered glass, mirrors, ceramics, and ovenware;
(10) 
Paper towels and bathroom tissues;
(11) 
Pizza boxes coated with cheese and grease; and
(12) 
Wax coated milk, orange juice or food containers.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
Recycling contamination occurs when anything is placed in a recycling collection container other than acceptable recycle materials and may include such items as household trash, brush, or hazardous waste. The first time sanitation department identifies contamination in a recycling collection container, a service tag will be placed on the recycling container identifying the issue. If sanitation department identifies further contamination from the same location, a second service tag will be placed on the recycling container and a supervisor will notify the customer of the changes needed. If contamination persists a third time in the same location, the recycling container may be removed in an effort to help keep the City’s contamination level below the required threshold established by the material recovery facility (MRF) receiving and processing recycling loads.
(Ordinance 6907 adopted 5/16/17; Ordinance 7280 adopted 1/4/22)
The following materials are acceptable for placement at the City’s drop-off recycling center:
(1) 
Newspaper (magazines, advertising inserts, and tabloids);
(2) 
Tin, steel cans, and empty aerosol cans without chlorofluorocarbons (CFCs);
(3) 
Aluminum cans;
(4) 
Glass bottles and jars, all colors;
(5) 
Plastic containers marked #1–#7; including water and soda bottles, milk jugs, yogurt cups, and shampoo bottles;
(6) 
Corrugated cardboard, including large boxes and moving boxes;
(7) 
Mixed paper (white office paper, computer paper, telephone books, brown paper bags, chipboard);
(8) 
Automotive and truck batteries;
(9) 
Used motor oil, used oil filters, and transmission fluid; and
(10) 
Scrap metal and aluminum, including household appliances.
(Ordinance 6907 adopted 5/16/17)
The following materials are not acceptable for placement at the City’s drop-off recycling center:
(1) 
Household hazardous waste, including paint;
(2) 
Kitchen grease/cooking oil;
(3) 
Plastic grocery bags;
(4) 
Foam products such as polystyrene packing peanuts, food clamshells, plates and cups;
(5) 
Any glass, other than bottles and jars, such as window glass, ovenware glass, ceramics, mirrors, light bulbs, etc.;
(6) 
Aerosol cans containing chlorofluorocarbons (CFCs); and
(7) 
Tanks containing hazardous or combustible materials such as freon, propane, etc.
(Ordinance 6907 adopted 5/16/17)
(A) 
Wood mulch, ground from brush trimmings, is available at the drop-off recycling center to customers free of charge with proof of City residency.
(B) 
Customers are required to load mulch without assistance from staff, and must bring their own containers and shovels.
(C) 
Wood mulch is available for sale to retail and wholesale markets.
(Ordinance 6907 adopted 5/16/17)
It shall be unlawful for any person to engage in the collection of solid waste, landscape waste, bulky waste, or recycle materials within the City without first entering into a franchise agreement with the City for that purpose.
(Ordinance 6907 adopted 5/16/17; Ordinance 7187 adopted 12/15/20)
Any franchise granted pursuant to this article shall be administered by the Director or his designee, upon such application and rules as the Director may establish, including standards for performance. Such standards for performance may include, but are not necessarily restricted to, the type of vehicle to be used in collection, number of pickups per week required, method and route for transporting said collection, appropriate disposal locations, and identification of vehicles.
(Ordinance 7187 adopted 12/15/20; Ordinance 7280 adopted 1/4/22)
(A) 
After receiving a complete application, the Director may make such investigation as he considers necessary to determine whether the applicant meets the requirements of law and of this Chapter.
(B) 
The Director may require the applicant to furnish additional information to assist the Director in his determination.
(C) 
After the Director determines whether the applicant meets the requirements of the law and this Chapter, the Director shall either grant or deny the franchise application.
(D) 
Each applicant whose franchise application is granted shall enter into a franchise agreement approved by the Director. The franchise agreement shall incorporate the terms of this section and shall address at a minimum the following terms and conditions, which shall be as consistent as practicable between franchises:
(1) 
Definition of gross revenues;
(2) 
Statement that the franchise is not exclusive;
(3) 
Amount and time of payment to the City, including right of the City to inspect the franchisee’s records to determine compliance and provision for a late penalty;
(4) 
Requirements for record keeping;
(5) 
Requirements for release, indemnification and insurance;
(6) 
Provisions for default and termination, including the opportunity to cure;
(7) 
Payment of liquidated damages to the City;
(8) 
Prohibition against assignment of franchise without consent of the City; and
(9) 
Such other miscellaneous terms and conditions that the Director determines to be necessary, appropriate and consistent with terms and conditions in other city franchises.
(E) 
The City shall not grant or renew a franchise unless the Director finds and determines that the public convenience will be served by the issuance of a franchise. The burden of proof shall be upon the applicant to establish by clear and convincing evidence that the public convenience will be served by the granting or renewal of a refuse collection franchise.
(F) 
All franchises issued pursuant to the provisions of this section shall be revocable by the Director for good cause as defined in the terms and conditions of the franchise agreement. The Director’s revocation of a franchise is appealable to the City Manager or his designee.
(Ordinance 7187 adopted 12/15/20; Ordinance 7280 adopted 1/4/22)
(A) 
Any franchise granted pursuant to this chapter shall provide that the commercial solid waste operator shall be liable for an annual franchise fee equal to five percent of the operator’s gross revenues from the collection, hauling, or transporting of solid waste, landscape waste, bulky waste, or recycle materials within the City. The franchise fee shall be payable quarterly, within thirty days of the close of the calendar quarter for which the quarterly payment is calculated. The initial quarterly payment shall cover the period beginning as of the effective date of the franchise. Any necessary prorations shall be allowed. The operator shall reflect the franchise fee as a separate line item on the invoice from the operator to the customer.
(B) 
Franchise fees received more than thirty days after the close of the calendar quarter for which the quarterly payment is calculated are deemed delinquent. Delinquent franchise fees shall be subject to interest at the rate of twelve percent per annum until the delinquent franchise fees are paid in full. In addition, delinquent franchise fees shall be subject to a late payment penalty of five percent for each month or portion thereof that the delinquent franchise fees are outstanding. In no event, however, shall the penalties exceed twenty-five percent of the total delinquent fees nor shall interest charged exceed the maximum rate allowed by law.
(Ordinance 7187 adopted 12/15/20)
(A) 
Without limitation of other remedies available to the City, persons operating in violation of the terms of this chapter shall be subject to an audit by the City and liable to the City for all fees authorized under this chapter dating to the inception of such violation.
(B) 
Any person who violates any provision of sections 52.39 through 52.43 of this Code of Ordinances shall be guilty of an offense and upon conviction thereof, shall be punished by a fine of not less than $150.00 nor more than $500.00 for each violation.
(Ordinance 7187 adopted 12/15/20)