(a) The City Manager is hereby empowered, subject to approval by Council and subject to the City’s competitive bidding requirements, to make such rules, regulations and contracts not in conflict with the provision of this article relative to:
(1) The establishment of administrative procedures necessary for the implementation and application of this article to all users of sanitation services;
(2) The enforcement of all applicable laws deemed relevant and necessary for the protection of property and the health and safety of the citizenry;
(3) The establishment of penalties for the violation of any such rule or regulation so established; and
(4) The collection, storage and disposal of solid waste within the corporate limits.
(b) The City Manager is hereby authorized and empowered to the extent permitted by law to adjust, settle or cancel any charge or fee required or made under this article, or any controversy which may arise in the administration of this article, or out of any contract between the City and any contractor, either on behalf of the City, the contractor or any other person.
(c) The City Manager is hereby authorized and empowered to require that all collections of solid waste shall be made as quietly as possible and no unnecessarily noisy trucks or equipment shall be used, and that the employees of any contractor who are unnecessarily noisy, who are abusive or threatening to the public, or who violate any ordinance of this City, be dismissed upon demand.
(d) Any such contract for the collection and disposal of solid waste hereinafter entered into on behalf of the City of Fairmont and authorized by this article shall, as a matter of law, provide for the following among others:
(1) Collection, removal and disposal of bulk items which collection, removal and disposal shall be pre-arranged by and between the contractor and the person or entity desiring removal;
(2) Collection, removal and disposal of seasonal clean-up debris which shall be provided on at least a semi-annual basis;
(3) Separation/recycling of materials at the point of collection in accordance with Article 939, Recycling, of the Fairmont City Code;
(4) Collection, removal and disposal of the carcasses of dead domestic or non-domestic animals from any public property or public way, street or alley;
(5) Collection, removal and disposal of the carcasses of dead domestic or non-domestic animals from any parcel of real property within the corporate limits; provided, however, that if the owner of the real property and the owner of the animal are one and the same, the owner shall be solely responsible for the disposal of said carcass; and
(6) Collection, removal and disposal of hazardous/bio-hazardous waste as the same are defined by federal, state and/or local law and in compliance with any rule, regulation or law established thereunder.
(Ord. 1163. Passed 5-22-01.)