(A) No person or responsible party shall:
(1) Place, allow to be placed, or cause to be placed any solid waste or recyclables upon any public or private property not owned or under his or her control;
(2) Place, allow to be placed, or cause to be placed in a solid waste container any solid, waste or dead animal which is not contained within a securely fastened leak-proof plastic bag, unless otherwise exempted by this chapter;
(3) Place, allow to be placed, or cause to be placed any solid waste in a container not owned or maintained by said property owner;
(4) Fail to restrain any vicious animal that prevents interference with collection employees acting in the course of their duties, or any town employee acting within the scope of their employment under this chapter;
(5) Cause, permit, facilitate, allow, or aid or abet any violation of this chapter or fail to perform any act or duty required by this chapter;
(6) Fail to remove construction and demolition waste. It shall be a violation of this chapter for a generator of construction and demolition waste to fail to remove construction and demolition waste from a premises within 30 days from the date on which it was placed upon the premises, or not later than the final building inspection, the clearance of public utilities, or the issuance of a certificate of occupancy, whichever comes first;
(7) Burn solid waste. No person shall burn solid waste except in incinerators as may be permitted by the town, county or the state. Any burning of solid waste must comply with the rules and regulations established by the Arizona Department of Health Services, Arizona Department of Environmental Quality, and the U.S. Environmental Protection Agency;
(8) Interfere with collection. It shall be a violation of this chapter for any person to interfere with authorized collection of solid waste in any way;
(9) Mishandle hazardous waste. No person, responsible party, business, contractor or private service provider shall knowingly collect, place or cause to be placed or allow to be collected any hazardous waste or similar materials from any container or any public or private property, except as specifically permitted by the Arizona Department of Environmental Quality or the U.S. Environmental Protection Agency;
(10) Fail to contain and cover solid waste and recyclables in transit. No person shall collect, transport or receive any solid waste or recyclables within or upon any public or private streets in the town, or anywhere in the town, except in covered leak proof containers or vehicles so constructed that no solid waste or other wastes leak or sift through, fall out or be blown from such container or vehicle. Any person collecting or transporting any solid waste or recyclables shall immediately pick up all solid waste or recyclables which drop, spill, leak, sift through, fall out, or are blown from the collecting or transporting container or vehicle, and shall otherwise clean the place onto which any such solid waste or recyclables were dropped, spilled, blown, leaked, sifted through, or fell out;
(11) Contaminate recyclable materials. No person shall deposit or cause to be deposited, in any recycling container, anything other than acceptable recyclable materials as determined by the Director;
(12) Scavenge. No person, unless authorized by the owner of the solid waste or recyclables, may remove, collect, or disturb solid waste or recyclables in a container that is set out for collection for the purposes of recycling or disposal. No person may remove, collect, or disturb recyclable materials deposited for collection at any designated recycling drop-off and collection center. Town employees acting within the scope of their employment are not subject to the prohibitions described in this section.
(B) Each day any violation of this chapter exists shall constitute a separate violation or offense and shall be treated as such during the enforcement process.
(C) The owner of the premises, as shown in the records of the Mohave County Recorder, at which a violation of this chapter exists, shall be presumed to be a person having lawful control over any building, structure or parcel of land. If more than one person shall be shown as the owner of the property, said persons are jointly and severally presumed to be persons having lawful control over the building, structure or parcel of land.
(D) If a responsible party served with a notice of violation or citation by the town fails to correct the violation within the period specified, the town may correct or abate the condition as described in the notice and, in addition to any penalty which may be imposed for a violation of this chapter, the responsible party shall be liable for all costs which may be assessed pursuant to this chapter for the correction or abatement of the condition.
(E) If in the determination of the town the condition constitutes an incipient hazard, or an imminent health or safety hazard, the Director may immediately abate the hazard without notice. Such abatement of an imminent health or safety hazard shall be limited to the minimum work necessary to remove the hazard and the customer’s account shall be charged for the abatement.
(Ord. 2018-02, passed 1-17-2018) Penalty, see § 91.99