For purposes of this chapter:
"Operator"
means the property owner who utilizes or maintains unattended
donation bin(s) to solicit donations of salvageable personal property.
"Permittee"
means the property owner who is issued a permit authorizing
placement of unattended donation bin(s).
"Property owner"
means the person who owns the real property where the unattended
donation bin(s) are or are proposed to be located.
"Unattended donation bin"
means any unattended container, receptacle, or similar device
that is located on any lot within the city and that is used for soliciting
and collecting donations of clothing or other salvageable personal
property. This term does not include recycle bins for the collection
of recyclable material governed or regulated by the Zoning Code or
any unattended donation bin located within a building.
(Ord. 15-353 § 1)
The finance department shall have the right for cause to revoke any permit issued hereunder. Any of the grounds upon which he or she may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this code or other law shall also constitute grounds for revocation of permit. The finance department shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation bin shall be removed from the permittee's real property within 30 days and, if not removed within this time period, the city may remove, store and dispose of the unattended bin at the expense of the permittee. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this chapter is a public nuisance subject to abatement pursuant to Chapter
8.24.
(Ord. 15-353 § 1)
Any person violating any provision of this chapter is guilty
of a misdemeanor.
(Ord. 15-353 § 1)
Any person aggrieved by the decision rendered by the finance department in granting or denying an application for a permit under this chapter or in revoking a permit issued under this chapter may appeal the decision to the city council in accordance with Chapter
1.12. The appeal shall be made by filing a written notice thereof with the city clerk not later than 10 days after receiving notice of decision of the finance department. The city council shall hold a hearing on the appeal and its decision thereon shall be final. Instead of hearing the appeal, the city council may refer the matter to a hearing examiner pursuant to Chapter
1.12. The hearing examiner's decision shall be in writing. The hearing officer's decision shall the effect specified in Section
1.12.340 and judicial review shall be governed by Section
1.12.400.
(Ord. 15-353 § 1)
Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter is unlawful and constitutes a public nuisance and shall be enforced with procedures set out in Chapters
1.12 and
8.24.
(Ord. 15-353 § 1)