A.
Any person or entity reported to be in violation of an exclusive franchise agreement will be advised in writing by the city to cease such activities immediately but no later than five business days from which the city's notice is dated. If such person or entity continues to violate any part of this provision after notification by the city, such person or entity will be fined up to one thousand dollars for each violation. Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues shall constitute a separate offense.
B.
The city reserves the right to impound any vehicle, solid waste or recycling bin or container that is found to be in violation of this code or any other applicable legislative requirements of the code. In addition, the franchised collector is authorized to impound recycling bins or containers found to be in violation of this code, or any other applicable legislative requirements of the code. Every vehicle, container or bin within the city is subject to impound in accordance with the provisions in this code. Vehicles, bins or containers, located within the city limits shall be required to display a city-issued decal for proper identification and recognition of permitted solid waste entities authorized to operate in the city. The following terms and conditions shall apply when a vehicle, bin or container is to be impounded in the city.
1.
Once the city receives a report of an unauthorized vehicle, bin or container, the city or the franchised collector will send out a notice, as described in subsection A of this section, and will initiate hauling orders on the third business day after the date of such notice. This notice requirement is not applicable where the registered owner of the vehicle, bin or container cannot be identified.
2.
If a vehicle, bin or container is seized from a solid waste enterprise, person or business, the city or franchised collector shall give notice to the registered owner, if identified, within three business days, by first-class mail. The registered owner will be given three business days to remove its vehicle, bin or container before any fines are imposed. Failure to notify the legal owner within three working days shall prohibit the city from charging more than fifteen calendar days' impoundment fine when a registered owner redeems the impounded vehicle, bin or container. This notice requirement is not applicable where the registered owner of the vehicle, bin or container cannot be identified. All vehicles, bins or containers will be towed or transported to a location determined by the city for storage.
3.
No vehicle, bin or container shall be released pursuant to this section except upon presentation of written authorization of the city. Written authorization from the city shall be provided once the fines and costs have been paid. The amount of fines and will be determined by resolution of the city council. Prior to releasing the vehicle, bin or container, the registered owner must pay all costs related to impounding, towing, transporting or storing the vehicle, bin or container. The registered owner or his or her agent is responsible for all towing, transportation and storage charges related to the impoundment and any administrative charges authorized under this code. Once all fines and costs have been paid, the vehicle, bin or container shall immediately be returned to the registered owner.
4.
The city shall release a vehicle, bin or container to the registered owner or his or her agent, without payment of any fines under any of the following circumstances:
5.
After the expiration of six weeks from the date of the initial impound, the city may treat the vehicle, bin or container as lost or abandoned property.
6.
For purposes of this chapter, costs shall include, but not be limited to, towing transportation costs, disposal of contents, storage, and administrative and ancillary costs.
(Ord. 2096 § 1, 2-25-2002; Ord. 2194 § 1, 5-24-2005)