A. In all cases of dispute or complaints arising from or concerning the place where the solid waste or recycling receptacles shall be placed while awaiting the removal of their contents, and/or while in use by a solid waste customer, the city council, or their authorized agents, shall forthwith designate the place and its decision shall be final.
B. Any person, owner and/or agent of owner having received notice of a fine being assessed under this chapter may appeal the assessment and/or amount of the fine to the Corcoran city council, as follows:
1. The notice of appeal must be submitted in writing, must specify the basis for the appeal in detail, and must be filed with the city within ten (10) calendar days after the date of assessment. If the deadline falls on a weekend or city holiday, the deadline shall be extended until the next regular business day.
2. If a notice of appeal is filed in accordance with the provisions of this section, the responsibility of the person, owner and/or agent of owner to whom the assessment was issued shall be stayed until the date that the appeal hearing is held by the city council.
3. As soon as practicable after receiving the written notice of appeal, the city shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing a fine, by first class mail, to the address listed on the notice of appeal. The failure of any person(s) to receive such notice, where the same was mailed by the city to the proper address and with adequate postage paid thereon, shall not affect the validity of any proceedings taken under this chapter. Service in the manner described herein shall become effective on the date of mailing.
4. Failure of any person, owner and/or agent of owner to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's right to administrative determination of the merits and/or amount of any fine and/or assessment levied pursuant to this chapter.
5. Following an orderly proceeding at which oral and written evidence regarding the appeal has been accepted and considered by the city council, the city council may sustain, modify or overrule the assessment and/or fine. The decision of the city council regarding any appeal is the final administrative order and decision. (Ord. 582, 3-23-2005)