(A) The party responsible for assuring compliance with the provisions of this chapter shall be the property owner of record as shown in the records of the Huntington County Auditor.
(B) No person shall:
(1) Place, or allow others to place, material for collection under this chapter at a recycle site other than material generated by the recycling customer.
(2) Allow recyclables, or similar material, including but not limited to material for collection, which is or can be identifiable as such from the public right-of-way, to be located or remain at or near a recycling site excepting after 5:00 p.m. on the day prior and all day on the day of a scheduled collection.
(3) Allow recyclables to remain upon any street, or public way, or allow same to remain in a visible and unsightly condition when viewed from public property.
(4) Place items which are not recyclables in a recycling container and place that container for collection under this chapter.
(5) Otherwise fail to comply with the provisions of this chapter.
(C) Should a city enforcement officer determine that there has, or may have, been an inadvertent violation of division (B) above, the city enforcement officer shall notify the responsible party describing the nature of the violation and identifying appropriate corrective action. Repeated noncompliance after such notice shall be presumptively a willful violation.
(D) Should a city enforcement officer determine that there has been a willful violation of this chapter, the city enforcement officer shall:
(1) Notify the responsible party in writing describing the nature of the violation and identifying appropriate corrective action. At any time more than 12 hours after giving that notice the city shall act to eliminate the violation and to achieve compliance with the requirements of this chapter. The direct and indirect cost to the city of those actions, including but not limited to labor, equipment, and overhead, shall be recoverable from the person(s)/property owner(s)/customer in violation. In no event shall that compliance cost be less than $50;
(2) Act to cause an appropriate fine to be imposed on each violator pursuant to § 95.99 of this chapter; and
(3) Any person not in material compliance with this chapter and related policies promulgated by the Board of Public Works and Safety shall be ineligible to be served by the city under this chapter, for a maximum of three months or some lesser period as reasonably determined by the city; however, any such person shall remain subject to fees, charges, and expenses assessed by the city during such ineligibility.
(E) Any actions taken under this section shall be subject to examination and approval, if requested by any party, by the Board of Public Works and Safety.
(Ord. 16-C-17, passed 10-31-17) Penalty, see § 95.99