8.24.280 Improper disposal and transportation of waste prohibited.
   A.   No person shall throw, place or deposit solid waste in any street or other place or on any public or private property except in proper city-owned or city-approved containers, and no person shall remove the lid from any city-owned or city-approved container without replacing it.
   B.   No person shall deposit solid waste in any city-owned or city-approved container or on any public or private property without the consent of the property owner. In the event any solid waste is disposed of improperly the responsible party causing such a condition to exist shall receive notice of a clean-up fee in accordance with subsection F of this section.
   C.   No person shall turn over or upset the contents of any city-owned or city-approved container on any street, sidewalk or public place.
   D.   When waste or recyclables have been set out in city-owned or city-approved containers near a public street, sidewalk or alley for collection, no person shall remove any part of this material from such city-owned or city-approved container. When waste or recyclables have been set out in city-owned or city-approved containers on private premises, no person shall remove any materials from there except with the consent of the owner or lessee of the premises.
   E.   Solid waste shall be covered and secured during hauling such that there is no leakage or loss of waste.
   F.   In the event any solid waste is disposed of improperly, as above set forth, the property owner or if responsible party can be determined as in subsections A, C, D and E of this section, permitting or causing such a condition to exist shall first receive a twenty-four hour written notice from the city services manager to resolve the situation. All notices for such violations will be sent to both the property owner and the responsible party. If at the end of the twenty-four hour period the condition continues to exist, the sanitation department shall have the right to rectify such condition and the property owner and responsible party shall receive notice of clean-up fee. The clean-up fee shall consist of a reimbursement of costs of manpower and equipment used as certified by the city services manager, but shall in no case be less than fifty dollars and shall be no more than two hundred fifty dollars. The schedule of clean-up fees shall be set forth in the rules and regulations as adopted and promulgated by the board, pursuant to Section 8.24.020B. Failure to pay this fee within ten days to the office of the city controller will result in the filing of an ordinance violation by the city attorney in a court of competent jurisdiction. The fine levied for such a violation shall be fifty dollars plus the cost of clean-up. For each subsequent violation of this section by the property owner or responsible party within a twelve-month period, the fine shall increase in increments of fifty dollars, plus costs of clean-up, court costs associated with enforcing the violation, and reasonable attorney fees. (Ord. 33-2023, 2023; Ord. 09-30, 2009; Amended during 1994 codification; Ord. 93-9 § 28, 1993)