(A) Notice. The city shall provide written notice to any person or commercial business violating § 8.20.120 that the prompt and permanent removal of any bin, container or other receptacle placed in violation of this chapter from its location within the city is required. The form of notice shall be determined by the city administrator. The city shall provide such written notice by posting a copy of the notice prominently upon the bin, container or receptacle, provided that if the bin, container, or receptacle is located on private property, the written consent of the owner or occupant of such private property shall be obtained prior to going on the property to give notice, unless the bin, container or receptacle is located in an area of commercial premises that is open to the public. If the bin, container, or receptacle is identified with the name and telephone number of the solid waste enterprise servicing or owning it, the city shall endeavor to contact such enterprise by telephone. However, failure to notify such enterprise by phone shall not invalidate the notice. If notice is provided by the franchisee under a delegation of authority pursuant to subsection (D), the franchisee shall promptly provide the city with a copy of the notice. Where the notice cannot be physically delivered or placed on the container due to the inability to enter onto private property or the refusal of consent by the owner, the notice may be given to the owner or occupant by certified mail, return receipt requested.
(B) Impound of containers. The city may impound or cause to be impounded any bin, container, or receptacle placed in violation of § 8.20.120 that is located on city property or located on private property with the written consent of the owner or occupant of the property where the container is located, if the same is not permanently removed from its location within the time set forth in the notice provided pursuant to subsection (A), which time shall not be less than 24 hours after posting of the notice, or receipt of notice if notice is provided by certified mail, or not less than six business hours after telephonic notification, if such notification is provided. If the bin, container, or receptacle is impounded by the franchisee under a delegation of authority pursuant to subsection (D), the franchisee shall immediately inform the city in writing of the impoundment, promptly dispose of the contents of the bin, container, or receptacle at a permitted disposal facility, and shall store the bin, container, or receptacle in a legally permitted storage area that complies with all applicable local land use regulations. If the bin, container, or receptacle has no markings identifying the owner or setting forth the owner's telephone number, and if identification of such owner cannot be provided by the owner or operator on whose premises the bin, container, or waste receptacle is located, then the city shall be authorized to immediately remove and impound it. For purposes of this section, "business hours" shall mean the hours of 7:00 a.m. to 5:30 p.m., Monday through Friday, and Saturday 7:00 a.m. to 3:00 p.m.
(C) Disposition of impounded containers. The bin, container, or receptacle impounded shall be retrieved by the owner or representative thereof immediately after any applicable fees and charges have been paid. Such fees and charges may include, among other things, reimbursement of costs incurred for towing, transportation, disposal of contents, storage and administration. If the bin, container, or waste receptacle is not claimed within 30 days after removal and notice to the owner, or 30 days after removal if the identity of the owner is unknown, the bin, container, or waste receptacle shall be deemed abandoned property and may be disposed of in any manner authorized by law.
(D) Delegation of authority. The administrator may delegate to the franchisee the authority to provide the notice required by subsection (A) and/or the authority to impound and/or store unauthorized bins, containers or other receptacle in accordance with subsection (B). Prior to the franchisee's exercise of any such delegated authority, the franchisee shall provide the city with a written agreement in a form satisfactory to the city indemnifying and holding harmless the city against all claims and causes of action arising out of the franchisee's actions to impound and/or store bins, containers, and amending the franchise agreement to reflect that impoundments performed without full compliance with this section, or the failure to provide notice as required by this section, shall be deemed a violation of the franchise agreement. The administrator may revoke this delegation of authority at any time in his or her sole discretion, and the franchise agreement provided by the franchisee shall acknowledge that any such revocation shall not be deemed a breach of the franchise agreement.
(E) Cease placing materials in unauthorized bins. Upon posting of a written notice of violation upon an unauthorized bin, container, or receptacle pursuant to subsection (A), the customer using the container shall immediately cease placing refuse, green waste, organic waste or recyclable materials in the containers.
(F) Penalty. Each and every person shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted by such person and shall be deemed punishable therefore as provided in this chapter.
(G) Levy of fees. Any person who violates this section shall be liable to the city for all fees and charges established by resolution of the City Council and levied in connection with the collection, transportation, storage and handling of the bin, container or by the city.
(H) Abatement. In addition to the penalties set forth in § 8.20.420, the violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(Ord. 3338 § 4 (part), 2021)