(A) Appear and show cause for exclusion.
(1) Any written notice sent to a property owner must include an option to appear before the City Manager, or a designated representative, at a time specified within the notice to show cause why such person should not be required to subscribe for the collection of garbage, recyclables, and organic waste. In addition, any property owner not receiving a notice may arrange to appear before the City Manager, or a designated representative, at a time specified to show cause why such person should not be required to subscribe for the collection service. At the appearance, the Manager may find excluded from the requirements of said section only those persons who show:
(a) That they are not owners of the property mentioned; or
(b) That the property is not within the city limits; or
(c) That the property is vacant; or
(d) That the residential unit or structure on the property is vacant or temporarily unoccupied for a period in excess of one month; or
(e) Unique parcel specific conditions which compel the property owner, tenant or occupant to self haul their garbage, recyclables and organic waste to the transfer station. Such conditions may include properties with long, narrow or steep driveways where the franchisee, in the opinion of the City Manager, is unable to properly and safely use the franchisee's equipment, and granting such exclusion would not create a nuisance; or
(f) That the owner or occupant legally recycles and composts virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them if they are not provided with collection and disposal services by a collector.
(2) Declaration required.
(a) All persons claiming an exclusion per this section must occupy the property and will be asked to sign a declaration or affidavit, under penalty of perjury, once per year stating that they legally recycle and compost virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them.
(b) The signed affidavit must be submitted in person, electronically or through the mail on or before June 1 in order to be excluded from subscribing to collection services for the subsequent fiscal year (July 1 through June 30). Those affidavits submitted electronically must have a timestamp on or before June 1. Those affidavits submitted through the mail must be postmarked on or before June 1. There will be a five-day grace period for extenuating circumstances as deemed appropriate by the City Manager, or a designated representative.
(B) Any exclusion granted by the City Manager is revocable for cause, as determined by the City Manager. Any exclusion granted by the City Manager can be made conditional, as needed to ensure continuing eligibility. Violations of any such conditions can result in the revocation of the exemption, and/or result in the assessment of penalties under Eureka Municipal Code § 10.99.
(Ord. 943-C.S., passed 2-21-23)