The city council makes the following findings:
A.
Refuse
collection, transfer and disposal services within the city were provided
pursuant to nonexclusive permits, all of which expired by their own
terms after December 31, 1985.
B.
It is
in the best interests of the public health, safety and welfare that
refuse collection, transfer and disposal services within the city
be provided either by city officers and employees directly, or by
exclusive contract with a qualified provider of such services.
(Ord. 54 § 1.1, 1986; Ord. 866 § 1, 2013)
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means those containers provided by the city's franchise hauler
for commercial, industrial, construction and multifamily residential
uses. Bins are of two types: (1) bins (usually three cubic yards in
size) which are picked up by refuse trucks by means of front loading
apparatus; and (2) roll-off bins (usually forty [40] cubic yards in
size) which are picked up by trucks using rear loading winches onto
rails.
means discarded furniture (including chairs, sofas, and mattresses;
rugs); appliances (including refrigerators with freon, ranges, washers,
dryers, water heaters, dishwashers, air conditioner units with CFCs,
televisions, electronic appliances, small household appliances and
other similar items commonly known as "white goods"), waste tires,
and oversized yard waste such as tree trunks and large branches if
no larger than two feet in diameter and four feet in length and similar
large items discarded from residential service recipients. "Bulky
waste" does not include large items such as car bodies, camper shells,
mobile homes, trailers, Jacuzzi tubs or spas, or any other item that
cannot be safely lifted and collected by one person. In addition,
bulky waste does not include any hazardous waste, special waste, or
any other item or items that in the future may be banned by regulation.
means the city of Moreno Valley.
means the city manager of the city or his/her duly authorized
representative.
means, depending upon the context in which used, either the
city or a contractor.
means discarded material from the construction or destruction
of buildings, roads and bridges, to include concrete, rocks, asphalt,
plasterboard, wood, and other related construction material.
means a person, persons, firm or corporation authorized by
contract with the city to provide single-family residential, multifamily
residential, commercial or industrial (roll-off) refuse collection
services within the city.
means placing, depositing, discarding and/or storing of any
items of solid waste, hazardous waste, green waste, garbage, special
waste, medical waste, rocks, or dirt, or of any vehicles which do
not have value beyond scrap value or which are inoperable and unlicensed
or which are considered abandoned due to the surrounding conditions.
means the putrescible animal, fish, fowl, food, fruit or
vegetable matter resulting from the cultivation, preparation, storage,
handling, decay or consumption of such substance.
means all forms of biodegradable plant material which can
be placed in a covered container, such as tree trimmings, grass clippings,
etc. Tree stumps and logs are not to be considered green waste unless
they are reduced to a chipped form; they shall be considered bulky
waste. Biodegradable plant material which is mixed with other kinds
of refuse shall not be considered green waste.
means any chemical compound, mixture, substance or article
which, if improperly used, handled, transplanted, processed or stored,
may constitute a hazard to health or may cause damage to property
and contaminate the water table by reason of being explosive, flammable,
poisonous, corrosive, radioactive, or otherwise harmful to the environment.
means any materials of whatever nature normally disposed
of in the course of, after, or as a result of any medical treatment
or procedures or any administration of any legal or illegal drug or
other substance to the body of humans or animals, including without
limitation, medicines, syringes, hypodermic needles, body parts or
fluids of humans or animals (and any other materials, such as bedding
or clothing, containing or having been in contact with body fluids),
medical implements, packaging from any such substances or materials,
and other related materials, whether or not such items are the result
of legal medical treatment or other legal or illegal activities.
means every dwelling house, dwelling unit; apartment house
or multiple dwelling building; trailer or mobilehome park; store;
restaurant; rooming house; hotel; motel; office building; department
store; manufacturing, processing, or assembling shop or plant; and
every other place or premises where any person resides, or any business
is carried on or conducted within the city.
means any privately owned real property, together with any
structure thereon, whether inhabited or temporarily or continuously
uninhabited or vacant, including the yard, grounds, walks, driveway,
porch, steps, vestibule or entryway thereof and any off-street parking
area.
means any and all public streets, sidewalks, gutters, boulevards,
alleys or other public rights-of-way and any and all public buildings,
parks, squares, grounds and off-street parking areas, and all other
publicly owned improved or unimproved real property.
means a commodity which is sold for compensation (i.e., the
generator receives a payment from the recycler net of any transportation
or processing costs), or given away, but which is not discarded into
the waste stream. A recyclable material which is not sold for compensation
or given away, or which is discarded into the waste stream, loses
its character as a recyclable material and becomes recyclable solid
waste subject to the definition in this code.
means containers provided and owned by city's franchise hauler
for service recipients for the temporary accumulation of recyclable
solid waste.
means solid waste which contains recyclables separated from the remaining solid waste stream in recyclables containers. It includes all those materials to be collected under the city's existing recycling programs and shall consist of paper, cardboard, glass jars and bottles, aluminum/tin cans and PET (polyethylene terephthalate) and HDPE (high density polyethylene) plastic containers. It shall also include designation recyclable and reusable materials from demolition and construction waste as detailed in Section 8.80.020 of this code. Subject to city council approval, the scope of this definition may be changed to exclude any of the materials listed above or to include other materials; provided that such changes in scope are made to account for changes in the market for recyclable materials.
means products or substances, including, but not limited
to, paper, cardboard, metal, glass, plastic, or other substances capable
of being reprocessed, reused or resold, which have passed through
their originally intended usage.
means nonputrescible, useless, unused, unwanted or discarded
material or debris, either combustible or noncombustible, including,
but not limited to, paper, cardboard, grass, tree or shrub trimmings,
straw, clothing, wood or wood products, crockery, glass, rubber, metal,
plastic, construction material and similar material.
means and includes all putrescible and nonputrescible solid
or semisolid wastes (including semiliquid or wet wastes with insufficient
moisture so as not to be free flowing), garbage, rubbish, ashes, recyclable
solid waste, bulky waste, green waste, demolition and construction
wastes and other discarded materials resulting from domestic, institutional,
commercial, industrial, agricultural and community operations and
activities. It shall not include special waste.
means and includes, but is not limited to, flammable waste,
liquid waste, sewage sludge, dead animals, manure, radioactive, explosive
substances, asbestos, pesticides, herbicides, fungicides, rodenticides
and other hazardous materials.
means those containers approved by the city for normal curbside
service to single unit residential premises. This includes automated
containers as provided by the city's franchise hauler for collection
of acceptable "solid waste," "recyclable solid waste," and "green
waste." This definition expressly excludes the use of oil drums, grease
barrels, plastic bags and cardboard boxes as collection containers.
(Ord. 54 § 1.1, 1986; Ord. 524 § 1.1, 1997; Ord. 614 § 1, 2002; Ord. 866 § 1, 2013)
A.
The
city shall provide for and furnish services relating to collection,
transfer and disposal of solid waste within and throughout the city.
Such services will be furnished either by city officers and employees
directly, or by contract agent or agents of the city.
B.
By appropriate
resolution or contract, the city council may determine that all or
part of the solid waste collection, transfer and disposal services
shall be provided within the city by the city through its officers
and employees or by an exclusive or nonexclusive contract with one
or more qualified providers of such services. By the same resolution
or contract, the city council may establish classes of recipients
of such services and may mandate as to all or less than all of such
classes that each member of the class shall make appropriate arrangements
for regular solid waste collection services with the city or, when
a contract for solid waste collection is in force, with an authorized
contractor.
C.
Every person having a duty, pursuant to subsection B of this section, to make or cause to be made arrangements for regular solid waste collection services, shall be liable for payment of the appropriate service fees and charges therefor to the same extent and at the same times, irrespective of whether the person has or has not made the appropriate arrangements for collection services in compliance with such resolution or contract. Whenever the fees or charges for such services have not been paid when due, all of the persons mentioned in Section 6.02.040(B) shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of which person may have made any existing arrangements for collection services; provided, that an occupant of only a portion of a parcel of real property or premises shall be deemed liable only for the fees or charges, or portion thereof, attributable to collection services for refuse produced or to be produced or accumulated or to be accumulated by the occupant, and also upon all portions of the property occupied by the occupant.
D.
Notwithstanding
the foregoing provisions of this section relating to which persons
are liable for payments for refuse collection services, pursuant to
Sections 5473 and 5473a of the California Health and Safety Code,
the city elects to have delinquent and unpaid fees and charges collected
on the tax roll in the same manner, by the same person, and at the
same time as, together with and not separately from, its general taxes.
Delinquent and unpaid fees or charges shall mean those fees and charges
for which services have been rendered but which have not been paid
for more than 60 days after the billing date.
E.
The
procedure for collecting delinquent and unpaid fees and charges on
the tax roll shall be as follows:
1.
The
city may cause a written report to be prepared each year and filed
with the clerk which shall contain a description of each parcel of
real property receiving such services and facilities and the amount
of the delinquent fees and charges for each parcel for the year which
remain outstanding, computed in conformity with the charges prescribed
by this chapter. In addition to delinquent fees and charges, the amount
may also include a 10% basic penalty for nonpayment of those fees
and charges and, in addition, a penalty of one and one-half percent
per month for nonpayment of those fees, charges and the basic penalty.
2.
On
or before August 10th of each year following the final determination
of the delinquent charges, the city clerk shall file with the county
auditor a copy of the report prepared with a statement endorsed on
the report over his or her signature that the report has been finally
adopted by the city council.
(Ord. 54 § 1.1, 1986; Ord. 361 §§ 1.1, 1.2, 1992; Ord. 399 § 1.1, 1993; Ord. 524 § 1.2, 1997; Ord. 866 § 1, 2013)
A.
It is unlawful, and a public nuisance, for any person to occupy or inhabit any property within the city for which appropriate arrangements have not been made and kept in full force and effect for regular solid waste collection services, in compliance with Section 6.02.030(A) and (B).
B.
An occupant of property shall be deemed to have complied with Section 6.02.030(A) and (B) if the owner of the property has caused to be made such appropriate arrangements for collection of solid waste upon all portions of the property occupied by the occupant. An owner of property shall be deemed to have complied with Section 6.02.030(A) and (B) if an occupant or occupants has or have caused to be made such appropriate arrangements for collection of all refuse upon all portions of the property.
(Ord. 54 § 1.1, 1986; Ord. 866 § 1, 2013)
A.
It is
the duty of every person in possession, charge or control of any place
within the city, in or from which solid waste accumulates or is produced,
to provide, and at all times to keep in a suitable place readily accessible
to the collector, containers capable of holding without spilling all
solid waste which would ordinarily accumulate on the premises between
the time of two successive collections. At the time of collection,
no containers to be emptied shall be located inside locked gates or
doors or in a fenced or enclosed area used to restrain animals.
B.
Every
person in charge of a residence, commercial or industrial business
shall deposit or cause to be deposited all solid waste in standard
containers or commercial bins as approved by the city manager and
the collector. No person shall maintain or place for collection any
container not in conformance with the standard container designated
in this section. Residences and dwelling units who have self-haul
permits must furnish their own containers and shall be responsible
for their maintenance, cleanliness and replacement. No container shall
be placed adjacent to a street or public right-of-way for collection
service more than 12 hours prior to the normal collection time and
shall be removed from the street or right-of-way location within 12
hours after collection.
C.
All persons in possession of any place within the city shall store standard containers or commercial bins on their properties, when not placed for collection, in a manner which will be screened from public view and which will not allow such containers or bins to roll, fall or protrude onto the public streets, sidewalks or alleys of the city. Any standard container or commercial bin which partially or wholly blocks or obstructs any public street, sidewalk or alley in violation of the foregoing requirement is a nuisance abatable under Section 1.01.250 and shall also subject the person responsible therefor, whether or not the owners thereof, to punishment under Section 1.01.200 et seq., whenever the standard container or commercial bin was placed in the public street, alley or sidewalk as a result of the intent or negligence of the person charged with the violation of this section. An exemption may be allowed to the requirement that commercial recycling bins be stored in a manner which will screen them from public view in cases where existing trash enclosures do not allow adequate space to maintain two bins or in such cases where a commercial property has no existing trash enclosure. However, in no event will any exemption be allowed to the requirement that commercial bins be stored in a manner that will not allow such containers to roll, fall, or protrude onto the public streets, sidewalks, or alleys of the city. Bins covered by this exemption shall be placed in such a manner as to minimize visibility from public view. Any such exemptions will be evaluated at such time that a property owner files for a major entitlement or the buildings on the property are expanded over 50%. In such cases, a condition of approval may be placed on the property to build larger enclosure(s) to accommodate both a trash and recycling bin.
D.
It is
unlawful for any person to place solid waste in, or to otherwise use
the solid waste containers of another person, without the permission
of such other person.
(Ord. 54 § 1.1, 1986; Ord. 324 § 1.1, 1991; Ord. 866 § 1, 2013)
A.
Every
person in charge of a residence or residences, whether single-family,
multiple-family, commercial or industrial buildings, shall make arrangements
with the collector, to have removed, not less than once a week, from
the property upon which the residence, residences, commercial buildings,
or industrial buildings are located, all solid waste created or produced
or brought upon the premises. This provision, however, will not apply
to food handling establishments, from which solid waste shall be removed
or caused to be removed not less than twice a week.
B.
Every
person, industrial or commercial customer shall have adequate services,
as it pertains to the number/size of standard containers/bin(s) and
the frequency of collection, and materials which are contained within
the standard containers/bin(s) without causing an overflow of materials
and meets the needs of the generation of waste produced.
(Ord. 54 § 1.1, 1986; Ord. 866 § 1, 2013)
A.
The
keeping of solid waste in containers other than those prescribed by
this chapter constitutes a public nuisance and may be abated in the
manner now or hereafter provided by law for the abatement of nuisances.
This subsection shall not, however, be deemed to apply to any persons
operating under a valid self-haul permit.
B.
The
keeping upon premises of solid waste which is offensive, obnoxious
or unsanitary is unlawful, constitutes a public nuisance and may be
abated in the manner now or hereafter provided by law for the abatement
of nuisances.
C.
It is
unlawful for any person other than the person in charge of a residential,
institutional, commercial, industrial or other premises or the person
authorized by law to remove any container from the location where
the container was placed by the person in charge for storage or collection,
to remove any solid waste from the location in which the solid waste
was placed by the person in charge for storage or collection, without
prior written approval of the person in charge of such premises.
D.
No person
shall place solid waste adjacent to or on a street or public right-of-way
for collection or removal purposes without prior approval and arrangements
with the collector.
E.
It is
unlawful for any person to place or deposit institutional, commercial
or industrial solid waste in any container placed upon the public
street by public authority, and meant primarily for the disposal of
solid waste by pedestrians using the sidewalk.
F.
No person
shall burn any solid waste within the city, except in an approved
incinerator or other device for which a permit has been issued by
the building official, and which complies with all applicable permit
and other regulations of air pollution control authorities, and provided
any such act of burning in all respects complies with all other laws,
and rules and regulations.
G.
At such
times as there is in force a contract entered into by the city with
any contractor for the collection and disposal of solid waste of the
city or its inhabitants, it is unlawful for any person other than
the contractor or his/her agents and employees, to collect any solid
waste for hire within the city. Additionally it is unlawful to place
and/or maintain any container for the purpose of collecting solid
waste for hire within the city. This section shall not, however, be
deemed to apply to persons holding a valid city business license to
engage in the removal of special wastes, or large or oversized items
of solid waste, or to a contractor completing public improvement or
utility work within existing public right-of-way and/or easements,
or in cases where the placement of a stationary bin is not feasible
due to project scope and/or operations, or in cases where the materials
that the owner seeks to recycle are not recyclable by the franchised
waste hauler, as determined by the city manager or his/her designee.
H.
It is
unlawful for any person, other than the owner thereof, the owner's
agents or employees, an authorized officer or employee of the city,
or an authorized person employed by or representing a company holding
a contract issued pursuant to this chapter, to do any of the following:
1.
To
take, remove or appropriate for his or her own use any salvageable,
recyclable or other collected solid waste, or property which the owner
discarded which has been placed in any street or alley for collection
or removal, whether or not the solid waste has been placed in recycling
or other permissible containers;
2.
To
take, damage or appropriate for his or her own use any container which
has been placed in any street or alley for use in the collection of
salvageable, recyclable or other solid waste.
(Ord. 54 § 1.1, 1986; Ord. 383 § 1.1, 1992; Ord. 866 § 1, 2013)
A.
No person
shall engage in dumping on any private premises owned, possessed or
controlled by any other person without the consent of that other person,
nor shall any person engage in dumping in or on public places, except
in permissible receptacles, as provided under this chapter for lawful
pickup and disposal.
B.
Dumping
prohibited under this section, and the accumulation of any materials
dumped upon any public or private property, are hereby declared to
the public nuisances and may be abated as such pursuant to applicable
provisions of this code and state law. The perpetrator of any dumping,
as well as the owner of any private property subject to such abatement,
shall be liable to the city for the costs of cleanup and abatement.
Any such costs assessed to the owner of any private property upon
which the abatement took place shall become a lien upon that property
in accordance with applicable law.
C.
Costs
of abatement are in addition to any fine imposed upon conviction and
are due and payable upon receipt of a written statement from the city
setting forth such costs. Such costs under this chapter are a debt
owing to the city and may be collected in the same manner as any other
debt.
D.
If a
violation of this section presents an emergency condition which presents
an imminent health and safety hazard to the citizens of the city in
the reasonable judgment of the director of community development or
his/her deputy appointed for such purposes, the director or his/her
duly appointed representative may order the property owner to immediately
abate such conditions or order immediately emergency abatement by
the city.
(Ord. 614 § 1, 2002; Ord. 694 § 1.1, 2005; Ord. 866 § 1, 2013)
Subscribers to a solid waste disposal service may order special
collections of such things as landscape trimmings, discarded furniture,
and other items too large to fit in standard containers, subject to
rates which have been established from time to time by the city council.
(Ord. 54 § 1.1, 1986; Ord. 866 § 1, 2013)
The city council shall establish by appropriate contract or
resolution, the rate and collection schedules for solid waste collection
services within the city.
(Ord. 54 § 1.1, 1986; Ord. 866 § 1, 2013)
A.
Each
contractor shall provide sufficient collection equipment in accordance
with the terms of the contract with the city authorizing such contractor
to provide collection, transfer and disposal services.
B.
Trucks
used for the collection or transportation of solid waste shall be
leakproof and equipped with a close-fitting cover which shall be affixed
in a manner that will prevent spilling, dropping or blowing of any
solid waste upon the public right-of-way during collection or transportation.
C.
All
trucks used for collection or transportation of solid waste shall
be maintained in a clean and sanitary condition, neatly and uniformly
painted, and shall carry a shovel, broom and fire extinguisher.
D.
The
owner of each truck used for collection or transportation of solid
waste shall have the owner's name, telephone number and truck number
printed on each side of all trucks in letters not less than three
inches high.
E.
All
solid waste conveying trucks, tanks, containers and other solid waste
receptacles shall be cleaned and disinfected both on the inside and
outside thereof at least once daily, and at all times shall be kept
free from any solid waste on the outside thereof.
F.
The
collector shall maintain in good repair all containers furnished to
commercial, industrial and institutional customers.
(Ord. 54 § 1.1, 1986; Ord. 866 § 1, 2013)
Each person who is authorized to remove solid waste from his
or her own premises shall deposit such solid waste only at authorized
disposal or dumping sites and shall not deposit, leave, dump, drop,
place or otherwise dispose of such solid waste upon any street, alley,
waterway or other unauthorized lot or land within the city.
(Ord. 54 § 1.1, 1986; Ord. 866 § 1, 2013)
A.
Any
person in charge of a single-family residence desiring a self hauling
permit to remove solid waste from his or her own premises shall obtain
a permit from the city public works department, which shall issue
such permit upon the payment of a fee as authorized by resolution
of the city council, upon the showing that the proposed permittee
owns an enclosed pickup truck or similar enclosed vehicle, and demonstrates
proof of permittee's compliance with this chapter by providing weekly
receipts from any County of Riverside landfill or other Riverside
County licensed/permitted disposal facilities on a quarterly basis.
The permit shall be subject to revocation if there be any violation
of this chapter. The permittee shall have the right to dispute the
revocation by an appeal to the director of public works or his/her
designee within 10 calendar days notice of the proposed revocation.
The decision of the director or his/her designee shall be final.
B.
Any
governmental agency which is located within the city and which demonstrates
that it has the appropriate equipment to haul solid waste may be granted
a self-haul permit. The city shall retain the right to request proof
of the quantity, and proper handling (e.g., Riverside County landfill
receipts), of the solid waste by such governmental agency, as well
as other statistical information necessary for the city's reporting
requirements. This provision does not extend the right of any government
agency to contract with an independent contractor, other than the
city-approved contractor, to provide services under a self-haul permit.
(Ord. 54 § 1.1, 1986; Ord. 337 § 1, 1991; Ord. 524 § 1.3, 1997; Ord. 866 § 1, 2013)
Whenever the city enters into a contract which requires payments
to be made to the city by the contractor a part of the consideration
for authorizing the contractor to furnish solid waste collection services
within the city, and whether or not such contract so provides, the
payment shall be accompanied by a financial report on a form provided
by the city manager covering the period of time related to the payment.
The city manager may inspect the financial records of the contractor
at any reasonable time in order to verify the contractor's financial
report or may require the contractor to provide an audited financial
report prepared by a certified public accountant.
(Ord. 54 § 1.1, 1986; Ord. 866 § 1, 2013)
A.
Any
container not owned, placed, and serviced by the city's franchise
hauler that is placed within the right-of-way, on private property,
or on public property, for the purpose of collection of solid waste
will be prima facie evidence of the owner of such containers engaging
in the prohibited act of collecting solid waste for hire while a contract
is in force with the city and a franchiser hauler for the collection
and disposal of solid waste. Any such containers associated with the
prohibited act of collecting solid waste for hire are considered a
public nuisance and shall be subject to removal. The city will make
a determination based on prima facie evidence that a contract for
service is in effect if a container not owned by the city's franchise
waste hauler is placed on private property or within the right-of-way.
Consent must be obtained from a responsible person(s) prior to entering
private property to perform an abatement, or an administrative inspection
warrant and proper notice must be obtained as required by law.
B.
The
city manager or his/her designee may cause the posting of a notice
to remove, in a conspicuous place, on any container placed on any
public or private property that is used for or is ancillary to any
act in violation of any provision of this chapter. Notices to remove
posted pursuant to the provisions of this section shall specify the
nature of the violation and shall state that the container must be
removed within three calendar days from the date the notice is posted
on the container or it may be removed and stored by the city or its
designee, and the contents disposed of, at the expense of the owner
of the container. The posting of a notice to remove shall constitute
constructive notice to the owner and user of the container of the
requirement to remove the container.
C.
Independent
of any criminal prosecution or the results thereof, the city is authorized
and empowered to impound any unauthorized solid waste or recycling
container to enforce the provisions in this chapter. In carrying out
a removal, the city shall follow the procedure established in this
section.
D.
If the
container is not removed within three calendar days after the posting
or issuance of a notice to remove, the city manager, or his/her designee,
may direct the removal and storage of the container and the disposal
of its contents by either the city or its designee. The city may employ
the services of its franchise waste hauler or any other contractor
properly equipped to remove said containers. No party, including the
franchise waste hauler, shall remove a container without prior written
authorization from the city manager or his/her designee. Any person
whose duty it is to enforce the provisions of this chapter may enter
upon private property with the consent of the property owner, tenant
or occupier, or by authority of a warrant, or without consent or a
warrant if exigent circumstances exist.
E.
In the event that a container is removed by the city and the identity of the owner of the container is known to the city manager or his/her designee, the city manager or his/her designee shall promptly cause notice to be issued to the owner by first class mail to claim the stored property. After a container has been removed by the city pursuant to a notice to remove, and following three calendar days after the mailing of written notice, the owner thereof shall be deemed to have actual notice of the provisions of this section. This notice requirement is not applicable in the event that the identity of the owner of the container cannot be determined following reasonable efforts by the city manager or his/her designee to establish identity. If the container is not claimed within 30 calendar days after removal and notice to the owner, if the identity of the owner is known, the container shall be deemed abandoned property and may be disposed of accordingly. The owner of any container may appeal the actions of the city manager or his/her designee in removing a container, or the imposition or amount of any costs, in accordance with Section 6.04.090.
F.
In the event of a subsequent placement of a container owned by the same owner in violation of this chapter, the city manager or his/her designee may immediately, without the giving of notice under subsection B of this section, direct the removal and storage of the unlawfully placed container and shall, in such case, give notice to the owner to claim the container. If the container is not claimed within 30 days after removal and notice to the owner, if the identity of the owner is known, the container shall be deemed abandoned property and may be disposed of accordingly.
G.
If the
contents of the collection container include the presence of biodegradable
wastes, hazardous constituents, or other environmental or sanitary
threats, the city manager may order the immediate appropriate disposition
of the contents so as to protect the public's health and safety, and
the container's owner shall be liable for the costs and fees of disposal.
H.
No container
shall be released to its owner except upon written authorization of
the city manager or his/her designee. The owner of the container shall
be responsible for payment of all related fines and to reimburse the
city for the actual costs of the removal, storage and disposal of
contents, and in addition any administrative and ancillary fees established
by resolution of the city council. All amounts due to the city, shall
constitute a civil debt owed to the city by the owner, who shall be
liable therefor in an action by the city or its designee for the recovery
of such amounts. Notwithstanding the above, the city manager or his/her
designee may direct the release of a container without payment of
costs or fees in the event that a determination is made that significant
mitigating circumstances exist that relieve the owner of the container
from the responsibility of the container being placed on private property
or within the right-of-way for the apparent purpose of collecting
solid waste for hire.
(Ord. 866 § 1, 2013)
Any person who violates any provision of this chapter shall be guilty of an infraction or a misdemeanor in accordance with the provision of Section 1.01.200 and upon conviction of such violation shall be punished in accordance with the provisions of Sections 1.01.230(A) and 1.01.230(B).
(Ord. 866 § 1, 2013)
