(A) Solid waste containers and containers for recyclable materials that have been placed adjacent to any street or sidewalk for collection shall be removed from their position adjacent to the street or sidewalk after a collection service, city-operated or otherwise, has collected the contents of such containers. The removal of such a container from its position adjacent to the street or sidewalk shall occur before the end of the calendar day on which the contents of the container were physically collected.
(B) When a container is placed adjacent to a street or sidewalk in violation of § 51.17 and/or is not removed in accordance with the provisions of division (A) of this section, the following enforcement actions shall be taken by city personnel designated by the City Manager:
(1) Upon discovery of a violation, city personnel shall make an on-site notification of the violation by means of placing a door hanger, or some equivalent form of notification, at the structure for which the improperly placed container is designated. This notification shall describe the nature of the violation and advise the recipient that this violation must be abated within five business days of the date of the notice.
(2) If the violation is not corrected within the time period prescribed by the initial notice of violation, a second notice of violation shall be transmitted to the offending party or parties. This second notice of violation shall state that the continuing violation must be abated within five business days of the date of the notice in order to avoid an interruption in the solid waste removal and/or curbside recycling service. Two methods of delivery shall be used in order to provide the second notice of violation. A second door hanger, or some equivalent form of notification, shall be posted on the premises where the violation is occurring and a written notice of violation shall be mailed to the owner of the premises as determined by an examination of the county tax records. The written notice to the property owner shall be transmitted via the United States Postal Service as registered or certified mail.
(3) Upon the expiration of the time period specified in the second notice of violation, any container located adjacent to the street or sidewalk in violation of this section shall be removed from the premises by city employees. The city’s Sanitation Department shall retain any container removed from service as a consequence of a violation of this section until a service fee of $60 is paid to the City of Asheboro for each container that has to be moved by the city. This fee is to serve as reimbursement for the costs incurred by the city to remove and store the improperly placed container(s). During the time that a container is held by the city pursuant to this section, the city’s Sanitation Department shall not provide service to the location from which any containers were removed unless a container appropriate for the materials to be collected is on-site and placed in the proper location.
(4) After city employees have removed a container designated for solid waste collection from a location pursuant to this section, the container designated for recyclable materials shall not be utilized for the disposition of solid waste materials that are ineligible for collection as recyclables. Any such use of a container designated for the collection of recyclable materials is strictly prohibited and shall result in city employees removing an improperly used recyclables container without further notice. Once removed from a site, such a container will not be returned to the site and the corresponding curbside-recycling service will be suspended until a service fee of $60 is paid to the City of Asheboro for each container that has to be moved by the city.
(C) For the purpose of evaluating whether the placement of a container constitutes a violation of this section, a container shall not be deemed to have been removed from its position adjacent to the street or sidewalk after a collection service, city-operated or otherwise, has collected the contents of the container unless the entirety of the container in question is located outside of the public right-of-way.
('69 Code, § 9-13) (Ord. 180, passed 1-8-48; Am. Ord. 49 ORD 10-07, passed 10-4-07; Am. Ord. 55 ORD 11-10, passed 11-4-10)