(a) Adoption of rules. The Mayor is hereby authorized to adopt and to promulgate written rules and regulations governing the collection of waste materials from residential properties in the city as deemed necessary to provide clean, efficient and safe waste collection, provided such rules and regulations, prior to adoption and promulgation, have been submitted to Council or to an appropriate committee thereof for approval; and no such rules or regulations shall be adopted or promulgated without such approval.
(b) Rule limitations. No rule or regulation adopted or promulgated hereunder shall conflict with or waive any other city ordinance, nor conflict with the Charter.
(c) Application. Such rules and regulations, upon approval by Council or by appropriate committee thereof, shall have the force and effect of an ordinance and shall continue in effect until revoked or modified by the Mayor with the approval of Council or until revoked or modified by action of Council.
(d) Appeals.
(1) Any person adversely affected by a decision of the Mayor, or his or her authorized representative, made in the enforcement of any rules and regulations adopted or promulgated hereunder shall have the right to appeal to the Board of Zoning Appeals from such decision within ten days from the date of any decision, order or directive issued by the Mayor or by his or her authorized representative.
(2) Such appeal shall be perfected by filing a written notice of appeal with the Mayor or with the Board of Zoning Appeals, and the Mayor or Board of Zoning Appeals shall give written notice by mail of the date, place and time of the hearing to the appellant. Such hearing on appeal before the Board of Zoning Appeals shall be heard within a reasonable time after notice of appeal has been received by the Mayor or Board of Zoning Appeals. The appeals shall be heard by a Board composed of the members of the Board of Zoning Appeals, which Board shall have the power after such hearing to confirm the decision, order or directive of the Mayor. The Board of Zoning Appeals shall also have the power to approve, amend, modify or reverse the decision of the Mayor or to otherwise act on the appeal as provided in Chapter 1107 of the Planning and Zoning Code.
(3) The Mayor shall transmit any and all notices of appeals to the Secretary of the Board of Zoning Appeals who shall schedule or docket same for hearing within a reasonable time thereafter, and either the Mayor or the Secretary of the Board of Zoning Appeals shall orally and/or in writing, or both, whichever will communicate effective notice to the appellant, that his or her appeal has been received by the Mayor and/or Board of Zoning Appeals, and will be scheduled at a time certain for hearing. Thereafter the Mayor or the Board of Zoning Appeals shall give written notice by ordinary United States mail to the appellant of the date, time and place of the hearing on appeal.
(4) Appeals shall be taken hereunder as otherwise provided in the codified ordinances from orders, decisions or rulings of the Board of Zoning Appeals to Council.
(e) Penalty; waiver.
(1) Notwithstanding the penalty provided in § 939.99, whoever violates any rule or regulation adopted or promulgated under authority of this section may execute and file with the Clerk of the Municipal Court an instrument waiving the formal issuance of an affidavit or complaint and warrant, together with the reading of such affidavit or complaint and the right to be present personally at the trial of such action, and further waiving the right of appeal in error, and authorizing a plea of guilty to be entered and the defendant submitted to the mercy of the Court.
(2) Upon depositing with such Clerk $25 within seven days of the date of the citation for a first offense or upon depositing $50 within seven days of the date of the citation for a second or subsequent offense within a 12-month period, such person may be fined the aforesaid amounts by the Court. After seven days from the date of the citation or where an affidavit or complaint and warrant have been issued charging a person with violating any provision of the approved rules and regulations adopted or promulgated under authority of this section, such person shall be subject to the penalty contained in § 939.99.
(Ord. 7692, passed 12-20-1983) Penalty, see § 939.99