(A) Use of city's franchise collection/hauler service required.
(1) The periodic collection of garbage, recyclable items, organics and other solid waste materials from improved properties in the city benefits occupants of places and premises in the city, and promotes and protects the health, safety and welfare of all residents of the city. Therefore, collection services provided by the city's franchise collector/hauler are mandatory for all owners of improved property within the city in or from which solid waste is created, accumulated or produced.
(2) Solid waste must be regulated to the extent necessary to protect the health, safety, and welfare of the public, to conserve disposal capacity, to meet state laws and to ensure cost effective public service. To this end, the City Council finds that to give practical effect to this policy, a mandatory collection ordinance to regulate the collection of waste, and a comprehensive system for the storage, collection, removal, transport, recovery of marketable and recyclable materials, compostable materials and disposal of solid waste in the city is essential.
(B) Applicability.
(1) Mandatory collection service is required for the three-bin collection of garbage, recyclable items, organics and other solid waste materials generated on all occupied properties within the city, as identified in this chapter. As mandatory collection service is implemented and becomes available pursuant to the subscription guidelines of this chapter, the owner, tenant or occupant of every parcel with one or more businesses and/or residential buildings approved for occupancy and located within the city must subscribe to and thereafter use regularly the collection service franchised by the city.
(2) No provision herein contained should be construed to conflict with any provision of the Integrated Waste Management Act, the Medical Waste Management Act, or any other state or federal law. In the event such a conflict exists, or should exist in the future, state or federal law should be controlling. This chapter is not intended, nor shall it apply to transfer stations or other solid waste disposal facilities.
(C) Subscription to collection service. Subscription to mandatory collection service should not be required until the service becomes available to each affected property. The property owner of each occupied premises must assume responsibility for subscribing to collection service within seven days of either written notification from the city or occupancy of the premises, whichever is sooner. At the city's discretion, providing collection service to all properties may be implemented in phases as determined by what is most efficient and cost effective and as programs become available and economically viable.
(D) Property owner responsible for securing collection service. The owner of any improved property in or from which garbage, recyclable and organic materials is created, accumulated or produced is responsible for subscribing to the collection service to be rendered to such property by the city's franchised collection service. It is the property owner's responsibility, not the tenant's, to secure and maintain collection services.
(E) Payments on behalf of owner permitted. Nothing in this chapter is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for collection service are made by a tenant or tenants, or any agent on behalf of the owner; however any such arrangement will not affect the owner's obligation to the city or to the franchise collector/hauler for payment for such service.
(G) Written notice required for non-use. The city's franchise collector/hauler must give written notice to the City Manager or designated representative of the address of any occupied premise within the city which is not subscribing to the collection and disposal service provided by the collection service franchised by the city.
(H) Failure to subscribe.
(1) If the City Manager has reason to believe that any person required to subscribe for service has failed to subscribe or failed to maintain a subscription for service, the City Manager may cause written notice to be mailed to the owner of the real property so affected directing the owner to subscribe for such service within ten days after the date of the notice.
(2) Any such notice must state that if the person to whom it is directed fails within the ten day period to subscribe for such collection service, or fails to appear and show sufficient cause why such person should not be required to subscribe, the Manager may authorize such service and the charges therefore will be assessed against the real property upon which the premises served are located.
(3) After notice and a public hearing, unpaid delinquent accounts may be confirmed by the City Council, and the amount confirmed will constitute a lien on the property. The lien will continue until the amount of the charges and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid in full or until it is discharged of record.
(4) Alternatively, or in addition, the confirmed amount may be made a personal obligation of the property owner of record. Alternatively, or in addition, the confirmed amount may be specially assessed against the real property involved, and collected at the same time and in the same manner as ordinary real property taxes.
(I) Exemptions. Property owned by federal, state or local governments will be exempt from the requirements of this section.
(Ord. 943-C.S., passed 2-21-23)