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    Sec. 21.2-26. Collection.

     

    Sec. 21.2-26. Collection.
     
    (a)  The city shall collect refuse from eligible residential and small commercial establishments abutting a public street and certain multi-family units.  If solid waste is placed curbside on the day of city waste collection for that property, it is assumed that property desires city waste collection services.  Owners or operators of multi-family units (to include, but not limited to apartments, condominiums, duplexes and town homes) and trailer courts with two or more rental units and non-manufacturing businesses accept the fee-related responsibility for associated disposal charges and are responsible for displaying an official annual trash disposal decal or using approved prepaid plastic trash bags for city curbside collection.  Owners of all properties not eligible or desiring of city collection shall be responsible for the proper storage and disposal of all refuse; said refuse may not be placed curbside on the day the city is scheduled to provide collection services.  Those properties not eligible for city collection include, but are not limited to: properties of five (5) or more living units and manufacturing businesses and those commercial establishments and multi-family properties with four (4) or less living units that put out more than four (4) containers per collection.
     
    (b)  House trailers shall be treated as single family units only if they front on a public street and reside upon individually platted lots.  House trailers which do not front on a public street and reside upon individually platted lots shall be treated as multi-family dwellings.
     
    (c)  If the waste containers put out by the occupants of a multi-family unit or trailer court do not display annual decals, or if approved prepaid plastic trash bags are not used, a duly designated officer of the city will issue violation notice(s) to the owner(s) or operator(s) of the multi-family unit or trailer court.  It shall be the responsibility of the owner(s) or operator(s) to take appropriate action to make sure the occupants of the multi-family unit or trailer court place annual decals on their waste containers or use approved prepaid plastic trash bags.  If after giving reasonable notice to the owner(s) or occupant(s) the waste containers of a multi-family unit or trailer court still do not display annual decals, or use approved prepaid trash bags, the city may discontinue refuse collection from such multi-family unit or trailer court until the owner(s) or operator(s) satisfies the following: 
     
    (1) Pay all applicable service fee(s) or

    (2) Owner(s) or Operator(s) shall make arrangements with a commercial refuse collector for the collection and disposal of the solid waste generated by the multi-family unit or trailer court.
     
    (d)  If waste containers put out by the occupants of a single-family residence that is being occupied as rental property do not display annual decals or if approved prepaid plastic trash bags are not used, a duly designated officer of the city will issue violation notice(s) to the owner(s) or occupant(s) of the single-family residence.  It shall be the responsibility of the owner(s) to take appropriate action to make sure the occupants of the single-family residence place annual decals on their waste containers or use approved prepaid plastic trash bags.  If after giving reasonable notice(s) to the owner(s) or occupant(s) the waste containers still do not display annual decals, and approved prepaid plastic trash bags are not used, the city may discontinue refuse collection from such single-family residence and the owner(s) resident satisfies the following: 
     
    (1) Pay all applicable service fee(s) or

    (2) Owner(s) or Operator(s) shall make arrangements with a commercial refuse collector for the collection and disposal of the solid waste generated by such single-family residence.

    (e)  If the waste containers put out by the occupants of a multi-family unit, trailer court, or single-family residence being occupied as rental property do not display annual decals or if approved prepaid trash bags are not used, in order to prevent the waste in the containers from being scattered upon public or private property, the city, at its option, may remove the waste and bill the owner of the multi-family unit, trailer court or single family residence a service fee.  In the event the owner of the multi-family unit, trailer court or single-family residence fails to pay the service fee, the city may discontinue refuse collection from such multi-family unit, trailer court or single-family residence and the owner(s), operator(s) or residents shall make arrangements with a commercial refuse collector for the collection and disposal of the solid waste generated by such multi-family unit, trailer court, single-family residence.
     
    (f)  When refuse from commercial establishments exceeds four (4) containers per collection the operator of such business is required to remove and dispose of such excess at the expense of the operator.
     
    (g)  When refuse from a multi-family property with four (4) or less living units exceeds four (4) containers per collection the owner or managing agent of such property is required to remove and dispose of such excess at their expense and is not eligible for city trash collection service.
     
    (h)  Whenever a person places refuse or other waste material for collection by the city without complying with all the provisions of this article, in addition to or in lieu of prosecution of such person for a Class I misdemeanor violation, the city may also do one of the following:
     
    (1) The city may collect the refuse or material notwithstanding the fact that its placement or packaging does not comply with the provisions of this article. In such cases, the city shall after reasonable notice discontinue refuse collection service and assess a service fee against the owner of the property in front of which such waste material was placed. Such service fee(s) shall be in accordance with the following to resume city collection services:

    A service fee as determined appropriate by the City Manager or his designee.

    This service fee shall be billed to the owner or manager of the violating property.  Fees authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property.

    (2) The city may choose not to collect the refuse or material after reasonable notice. In such case, the city shall affix a violation to the rejected container(s), refuse or material explaining the reason for the rejection. A similar notice may be issued to the property owner of the property in front of which such uncollected refuse or material was placed. The latter notice may be verbal or written and shall be provided as soon as is feasible after the rejection.

    Where the city has not collected refuse or other material from curbside or elsewhere because such refuse or other materials was not placed or prepared in accordance with this article, the persons responsible for such placement shall remove that refuse or other material as soon as practical after the city has refused collection, and in any event, by the end of the designated collection day. 
    (Ord. No. O-91-056, 3-26-91, eff. 4-1-91; Ord. No. O-93-246, 9-14-93, eff. 10-1-93; Ord. No. O-97-201, 9-23-97, eff. 10-1-97; Ord. No. O-03-113, 6-10-03, eff. 7-1-03; Ord. No. O-12-098, 9-11-12; Ord. No. O-14-012, 1-28-14)