10-4-5: ADMINISTRATION AND ENFORCEMENT:

10-4-5-1: PUBLIC WORKS COMMISSION:

   A.   Advise City Council: Pursuant to the authority granted by title 2, chapter 6 of this Code, the Public Works Commission shall advise the City Council on policy matters pertaining to the solid waste collection system.

   B.   Authority: The commission shall have the authority to:

   1.   Study, evaluate and maintain continuing review and appraisal of the effectiveness of the existing collection system, programs, policies and activities to ensure that they are operated and maintained to meet the requirements of federal, state and local bodies;

      2.   Review and recommend rates and fees for the use of, and the services rendered by, the solid waste collection system;

      3.   Review and make recommendations for changes or additions to this chapter regulating solid waste; and

      4.   Propose and review rules, regulations, policies and guidelines for the control and management of solid waste collection systems within their control.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-5-2: DIRECTOR OF PUBLIC WORKS DEPARTMENT:

The Director shall have the authority and responsibility to:

   A.   Compliance: Ensure compliance with local, state and federal rules and regulations regarding solid waste collection and disposal.

   B.   Guidelines And Policies: Establish guidelines and/or policies for the operation of the solid waste collection system.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-5-3: WAIVERS:

   A.   Request: Any person may request a waiver of any provision of this chapter.

   B.   Submittal: A request for waiver must be submitted to the Public Works Department in writing using the designated forms and must provide specific reasons for which the waiver is sought.

   C.   Response: The Public Works Department shall provide a written response within thirty (30) business days of receipt of a request for waiver.

   D.   Appeal Of Decision: The decision of the Public Works Department may be appealed to the Public Works Commission pursuant to the requirements for appeals found in section 10-4-5-4 of this chapter. (Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021)

10-4-5-4: APPEALS:

   A.   Time Limit For Filing: Appeals from decisions of the Public Works Department must be filed within fifteen (15) days of receipt of the written decision which is the basis of the appeal.

   B.   Submittal: Appeals must be in writing, stating the specific reasons for the appeal, and submitted to the Public Works Department for review by the Public Works Commission at a regularly scheduled hearing.

   C.   Notice Of Hearing: Notice of the time and place at which the commission will hear the appeal shall be provided to the applicant no later than five (5) days prior to the scheduled hearing.

   D.   Appearance: The person who filed the appeal may appear at the hearing and present evidence or testimony. They will bear the burden of proving the decision of the Public Works Department was not reasonable.

   E.   Final Decision; Further Appeal: Final decisions of the Public Works Commission shall be in writing and may be appealed to the City Council by filing a notice of appeal with the City Clerk within ten (10) days of receipt of the commission's finding. The decision of the City Council shall be final. (Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021)

10-4-5-5: DELINQUENT ACCOUNTS:

   A.   Late Payment Fee: Charges and fees must be received by the City prior to the due date shown on the invoice or billing statement. All charges and fees not paid within or by the time periods established by the City shall be considered delinquent and such delinquent accounts shall be charged a late payment fee of one and one-half percent (1.5%) per month to be added to the balance.

   B.   Suspension Of Service: Solid waste service for delinquent accounts may be suspended until such time as all charges and fees are paid. This shall include all solid waste service accounts, both commercial and residential, for a delinquent account holder.

   C.   New Service Prohibited: Any person who has a delinquent balance, including fees and interest, on any City held account, whether or not the account has been closed or suspended, is prohibited from obtaining any new solid waste service, either commercial or residential.

   D.   Appeal: Persons who have had their solid waste service suspended may appeal the decision to the Public Works Commission as provided for in section 10-4-5-4 of this chapter. (Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021)