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§ 50.07 COLLECTION SERVICES.
   (A)   Residential recyclables collection. Any party may collect residential recyclables. However, once recyclables are placed at the curbside or other approved point of collection, then residential recyclables may be collected only by the collection contractor.
   (B)   Yard waste collection. Any party may collect residential yard waste.
   (C)   Special collection.
      (1)   Special pickup services will be provided when authorized by the City Administrator and the collection contractor, to those residences where there are handicapped or elderly people who cannot move their garbage cans, recycling bins or yard waste carts to the curb for collection. Residences which are geographically located so as to make moving the containers to the curb and unreasonable physical hardship must apply to the city for special collection service and submit documentation to justify their application.
      (2)   The City Administrator may request the collection contractor to pick up illegally stored or dumped solid waste from private property. The owner shall be held responsible for paying for such pickup. The City Administrator will attempt to contact the owner prior to ordering such collection service. This contact shall be documented by the City Administrator.
   (D)   Discontinuing service during vacancy. Whenever any person leaves his or her premises vacant for a period of more than one month and thus shall not need solid waste collection services during said period, he or she may request suspension of garbage collection and service fees therefor for said vacated premises by giving written notice of said vacancy to the collection contractor, and in the written notice, the person shall state the period of said vacancy and the street address of the premises; provided, that upon receipt of said written notice said services will be discontinued on the first calendar day of the next succeeding month for not less than 30 days.
   (E)   Collection. All solid waste as hereinbefore defined will be collected within the boundaries of the city as follows.
      (1)   Residential collection. Regular curbside solid waste, recyclables and yard waste collections from residential dwellings (single-family and duplex) and mobile home parks shall be picked up once a week, with collection to begin no earlier than 6:30 a.m. and terminate no later than 9:00 p.m., Monday through Friday.
      (2)   Multiple-family units and commercial collection. Regular solid waste collections from multi-family units, apartment houses, commercial and business firms shall be picked up as required by volume, but shall not exceed one pickup per day, five days per week, Monday through Friday. In areas where the above establishments are within 300 feet of a residential zone, no collection shall be made earlier than 6:30 a.m. and not later than 9:00 p.m.
      (3)   Saturday collections. The regular collection period between Monday through Friday may be extended by one day to include Saturday if during that particular week the official and/or authorized dump site and/or transfer station has been closed in recognition of a holiday or during that particular week a recognized holiday, as defined in the contractor’s labor contract, falls on one of the regular collection days of Monday through Friday.
   (F)   Anti-scavenging. Once residential recyclable materials and residential yard waste materials have been set out on the curbside, or at such other location as authorized by the city, ownership of those recyclables and yard waste materials passes to the collection contractor. It shall be unlawful for any person other than the collection contractor to remove or collect any such recyclable materials or yard waste materials once they are set out on the curbside or other approved location. However, any person may collect recyclables delivered to such person at a location which has been approved by the City Council.
(Ord. 315, passed 5-9-1994) Penalty, see § 50.99
§ 50.08 APPLICATION FOR APPROVAL AS COLLECTION CONTRACTOR.
   (A)   A contractor may apply to the City Council to become the approved collection contractor for the entire city.
   (B)   The written application shall contain the following information:
      (1)   Name and address of collection business;
      (2)   Type of vehicles and equipment available for use by the contractor;
      (3)   Type of vehicles and equipment to be used by the contractor;
      (4)   A history of the contractor’s business and references; and
      (5)   A rate card containing the rates proposed to be charged by the contractor.
(Ord. 315, passed 5-9-1994)
§ 50.09 COLLECTION CONTRACTOR.
   (A)   The contractor approved to provide municipal solid waste collection shall have the exclusive right to collect, haul, store and transfer for compensation all refuse, residential and commercial garbage and solid wastes over the streets and highways of the city. An exception is granted for the collection and recycling of newspaper and cardboard collection as expressly permitted by the City Council. All garbage shall be collected by the city collection contractor.
   (B)   The approval of the collection contractor granted by the City Council is conditioned upon the following.
      (1)   The approval granted by the City Council shall be non-assignable. The City Council reserves the right to determine if any other collection contractor other than the current approved contractor should have the above described collection rights and privileges.
      (2)   All trucks and collection vehicles used by the collection contractor shall be so constructed, loaded, operated and maintained as to prevent wastes from dropping, sifting, leaking or otherwise escaping onto public or private property. Said vehicles shall be designed and constructed to minimize the escape of noxious odors. All of the above equipment shall be of metal construction and must be approved by the County Sanitarian. Said Sanitarian shall have the power and authority to grant exceptions for special handling.
      (3)   The collection contractor must leave all premises, streets and alleys at the place of collection or loading in a neat and sanitary condition. All material collected shall be deposited at a disposal site authorized by the state and other governmental regulation.
      (4)   The collection contractor shall be responsible for the collection of all service fees from users in the city and the city shall bear no responsibility for debt collection.
      (5)   The collection contractor shall participate each spring in an annual city clean up effort during one week as designated by the City Council and shall make trucks and equipment available to accomplish clean up needs during that period.
      (6)   The collection contractor shall abide by all laws governing the collection, hauling and disposal of solid waste and comply with state requirements on recycling as set forth in O.R.S. Chapter 459, Rules of the Department of Environmental Quality and other state and county agency rules promulgated thereunder.
      (7)   The collection contractor shall keep sufficient books and records of accounts and such books and accounts shall be subject to review by the City Council upon written request.
      (8)   The collection contractor shall bill patrons for service provided on a regular and timely basis no less often than quarterly.
(Ord. 315, passed 5-9-1994)
§ 50.10 LICENSE FOR COLLECTION.
   (A)   The term of such collection contractor approval shall begin on the date assigned by the City Administrator and shall be a continuous five-year approval to operate period.
   (B)   On January 1 of each calendar year, the approval shall be considered renewed for a full five- year term, unless, prior to December 1 of any calendar year, the City Council notifies the collection contractor in writing of its intent to terminate further approval. In that event, the collection contractor shall continue to operate for the balance of the current approval period (four years). The City Council may terminate its approval with or without cause; however, the City Council may later re-instate the continuing renewal provision upon mutual agreement with the collection contractor and the City Council.
(Ord. 315, passed 5-9-1994)
§ 50.11 RATES.
   The City Council shall have exclusive authority to determine reasonable and proper rates to be charged for the collection of garbage, refuse, recycling and solid waste and to fix the maximum rate which may be charged therefor. The applicant granted approval to collect or haul MSW must conform to the rate schedule as outlined in the application unless approval is received from the City Council for a rate change. Rate changes may be granted from time to time, but no more often than on an annual basis by resolution of the City Council. A portion of the approved rate will be a mandatory charge paid by all customers for recycling services provided by the approved collection contractor. No relief from this portion of the rate will be granted for personal or group recycling programs.
(Ord. 315, passed 5-9-1994)
§ 50.12 LIABILITY, INDEMNIFICATION, INSURANCE.
   The collection contractor shall be responsible for all services required under this chapter and the city shall not be responsible nor liable for the service provided. The collection contractor shall indemnify and hold the city harmless from all claims, demands, causes of action or suits concerning the collection service covered by the collection contractor.
(Ord. 315, passed 5-9-1994)
§ 50.13 COMPLAINTS.
   (A)   All complaints made by customers of the collection contractor shall be in writing and addressed to the collection contractor. Said complaint must set forth the complaint and why the complainant feels the provisions of this chapter are being violated. If the complainant is not satisfied by the response of the collection contractor, within 15 days of the date of the making of the complaint, the customer may refer the complaint to the City Council.
   (B)   The City Council will hold a hearing on the complaint and give notice to both parties ten days prior to the date set for the hearing. Upon such hearing, the City Council shall determine if the collection is being performed as this chapter requires. If the City Council determines that such service is not being performed as required, then the Council shall have the power to require compliance with its original approval and this chapter within the shortest period possible, consistent with the nature of the complaint. Failure of the collection contractor to comply with the Council directive within the stated period of time shall be grounds for revocation of the Council’s approval and the Council may exercise other remedies as well as enforcement provisions of this chapter.
(Ord. 315, passed 5-9-1994) Penalty, see § 50.99
§ 50.99 PENALTY.
   Any person who shall be found guilty of a violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000.
(Ord. 315, passed 5-9-1994)