(A) The party responsible for assuring compliance with the provisions of this section 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 collection site other than material generated by the customer of that collection site as provided in this chapter.
(2) Allow compostables, garbage, recyclables, rubbish, 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 within a public right-of-way or remain at or near a collection site excepting after 5:00 p.m. on the day prior to a scheduled collection, on the day of a scheduled collection, and prior to 9:00 a.m. on the day after a scheduled collection, unless either: (i) a written permission is issued by the City Services Superintendent or that individual’s designee, which permit, for cause shown, expressly allows a specific exception to the requirements of this division (B)(2) for a definite period of time; or (ii) regardless of whether otherwise affixed with a landfill label, items shall not be placed at the collection site prior to 5:00 p.m. on a Sunday or remain at a collection site after 9:00 a.m. on a Tuesday.
(3) Allow compostables, garbage, recyclables, or rubbish to remain upon any alley, 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 either compostables, garbage, recyclables, and/or rubbish in a container and place that container for collection under this chapter.
(5) Otherwise fail to comply with the provisions of this chapter.
(C) Should the City’s Street Department Superintendent, or that Superintendent’s designee, determine that there has, or may have, been an inadvertent violation as provided in § 95.06(A) of this chapter, the city shall notify the responsible party describing the nature of the violation and identifying appropriate corrective action. Repeated noncompliance after such notice within one year of receipt of that notice by any persons so notified shall be presumptively a willful violation.
(D) Should the City’s Street Department Superintendent, or that Superintendent’s designee, determine that there has been a willful violation of this chapter, the city shall:
(1) Notify the responsible party in a 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 $25;
(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 95 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 that Superintendent. Provided, however, that any such person shall remain subject to any fees, charges, and/or expenses assessed by the city for those serviced during such ineligibility.
(E) From the time of placement of items for collection in accordance with this Chapter 95, those items shall be the property of the city. It shall be a violation of this chapter for any person unauthorized by the city to collect, obtain, possess, pick up or cause those items to be collected, obtained, possessed, or picked up. Any and each such violation from a collection site shall constitute a separate and distinct violation of this Chapter 95.
(F) 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. 32-C-92, passed 11-10-92; Am. Ord. 3-C-93, passed 3-9-93; Am. Ord. 15-C-96, passed 7-9-96; Am. Ord. 11-C-01, passed 8-14-01; Am. Ord. 23-C-11, passed 12-13-11; Am. Ord. 4-C-17, passed 4-11-17; Am. Ord. 21-C-18, 10-8-18) Penalty, see § 95.99