§ 50.09  BULKY WASTE.
   (A)   Each customer shall provide for the collection of bulky waste by the franchisee when such bulky waste exists on the premises such customer owns or occupies or when bulky waste is located in the right-of-way immediately adjacent to such premises.
   (B)   Pursuant to state law, § 97.049 of this code, and § 50.04 of this chapter, each owner of premises is required to maintain the sidewalk and parkway adjacent to that premises, including but not limited to the removal of bulky waste whether or not such bulky waste was generated by an occupant of such premises or placed on the owner’s premises without the owner's consent.  Consistent with such obligation, each owner of each premises in the city is deemed to have authorized the franchisee to collect bulky waste located in the sidewalk, parkway area, or right-of-way adjacent to such owner's premises. whether or not a request for removal has been received.  The owner shall be responsible for all costs of such removal, including payment to the franchisee of a service rate.
   (C)   If the City Council determines to impose service rates for the collection of bulky waste, such service rates shall be consistent with the following:
      (1)   (a)   Bulky waste will be picked up from a premises receiving cart service without cost if all the following conditions are met:
            1.   The franchisee has been provided notice not less than 48 hours prior to the regularly scheduled collection date for such premises that a pickup of bulky waste is required at such premises;
            2.   Not more than six such collections have been made from such premises in the current calendar year;
            3.   The bulky waste is located near the curb adjacent to such premises; and
            4.   The bulky waste in any single pickup does not exceed three cubic yards of refuse or consists of one household appliance.
         (b)   If all such conditions are not met, the customer at such premises will be charged a service rate for pickup of bulky waste from such premises at a rate or rates established by resolution of the City Council.
         (c)   If the customer who is billed at such premises is a non-owner occupant and fails to pay such service rate, the owner of the premises shall be liable for such cost.
      (2)   Bulky waste will be picked up from a premises receiving bin service for a service rate as established by resolution of the City Council.  The City Council shall establish a lower service rate for the situation where the customer has provided the franchisee notice of the need for the bulky waste pickup not less than 48 hours prior to the regularly scheduled collection date for such premises.  If the customer who is billed at such premises is a non-owner occupant and fails to pay such service rate, the owner of the premises shall be liable for such cost.
(Ord. 1297, passed 2-7-07)