17-405: DUTY OF OCCUPANT AND OWNER TO REQUEST SERVICES:
   A.   Every person occupying or having control of the occupancy of any premises located on a regularly established refuse route shall notify the city of Harrah of the beginning of such occupancy and request refuse pick up service. Failure of any owner, rental agent or occupant of such premises to make a request shall not prevent nor in any way impair or impede the city of Harrah from: 1) adding the address of the premises to the proper refuse collection route records; 2) providing such service; 3) enforcing by appropriate action provisions of this chapter and causing the collection fee or charge to be paid.
   B.   Any place, abode, residence or any other place of business occupied and/or in operation shall be prima facie evidence that garbage, rubbish, and/or trash is being produced and accumulated on the premises.
   C.   It is mandatory that every person occupying or having control of the occupancy of any premises located on a regularly established refuse route within the city of Harrah use the refuse collection contractors approved by the city of Harrah for removal of refuse and to pay the rates approved by the city of Harrah for such service.
   D.   Exceptions to the provisions of this section are as follows:
      1.   If an individual owns or occupies both a business premises and a residential premises on a regularly established refuse route an election, in writing, may be given to the city of Harrah to receive service at one location only and the customer shall be charged only for the selected location. Pick up of garbage shall occur at only the selected location.
      2.   An owner or occupant of any premises in the city of Harrah may apply to the city manager for an exception to the requirements contained in this section. The city manager may grant such an exception upon a showing that the service is not necessary for the premises for which the owner or occupant is requesting the exception. Service provided by a private hauler, not approved by the city of Harrah, shall not be grounds for an exception. Application shall be made on an as needed basis, with the granting of an exception not to exceed one year, without a new application for an exception. Vacancy of the premises for a period in excess of thirty (30) days, with no accumulation of garbage, shall be grounds for such an exception until the premises is again occupied. (Ord. 2004-8, 8-5-2004)