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A. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection of solid waste in violation of Section 08.01.070 (hereinafter "Unauthorized Container(s)") may be impounded as set forth herein.
1. The City Manager may cause a notice to be placed in a conspicuous place on any unauthorized container directing that it be removed. The notice shall specify the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within twenty-four (24) hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; and, further, shall indicate that any appeal of the order for removal must occur within twenty-four (24) hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized container, and a copy of the notice shall be provided to owner of the unauthorized container once said owners identity is ascertained by City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container seeks to retrieve any such container removed hereunder.
2. If within twenty-four (24) hours after a notice to remove is posted on an unauthorized container a request for an appeal has not been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City Manager may direct the removal and storage of the unauthorized container. In addition, if the contents of the container is either comprised of a substantial amount of petrusible solid waste, or determined by the City Manager to create a threat to health and safety if not disposed of immediately, the City Manager may direct that the contents of the container be disposed of. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal. All amounts due to the City for the cost of removal, storage and disposal must be paid before the unauthorized container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.
3. Between the date following the date upon which any unauthorized container is removed by the City, and the date which is five (5) business days following its retrieval from City, the owner of the unauthorized container may request a hearing to appeal the City's determination that the container is an unauthorized container subject to removal by City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed.
4. If the identity of the owner of an unauthorized container that has been removed by the City is known to the City Manager, the City Manager shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the unauthorized container is not claimed within ninety-five (95) days after mailing of the notice to the owner, or ninety (90) days after removal if the identity of the owner is unknown to the City Manager, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on unauthorized containers shall specify that the forgoing procedure related to abandonment will apply.
B. Penalty. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager.
1. Penalty for Misdemeanor Violation. Any person convicted of a misdemeanor under any provision of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
2. Penalty for Infraction Violation. Any person convicted of an infraction under any provision of this chapter shall be punished by:
a. A fine not exceeding one hundred dollars ($100.00) for a first violation;
b. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year; and
c. A fine not exceeding five hundred dollars ($500.00) for a third and for any additional violation of the same provision within one (1) year.
C. Violations Deemed to be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.
D. Attorney Fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs other such expenses of litigation and/or prosecution as it may occur by appropriate suit at law against the person found to have violated any provisions of this chapter.
[Ord. No. 499, 5/26/10.]