836.03   MAINTENANCE; ENFORCEMENT.
   (a)   The organization or company benefitting from the clothing donation container or recycle bin will be held primarily responsible for the maintenance, upkeep, and servicing of the container. However, in the event the organization or company fails to adequately maintain and service the container, the property owner on whose property the clothing donation container or recycle bin is placed shall also be responsible.
   (b)   Clothing donation containers shall not exceed seventy-eight inches in height (measured from grade), sixty inches in width and sixty inches in depth. Recycling bins shall not exceed seventy-eight inches in height (measured from grade), seventy-eight inches in width and seventy-eight inches in depth.
   (c)   Failure to properly maintain the clothing donation container or recycle bin may result in enforcement under this chapter.
   (d)   Clothing donation containers or recycling bins shall be emptied regularly and within forty-eight hours of the primary contact person (provided on the application filed with the City) being notified by any City official that the clothing donation container or recycling bin is full.
   (e)   If a specific clothing donation container or recycle bin has been found to be in violation of any provision of this chapter three or more times in a twelve month period, the City shall cause the container or bin to be removed and disposed of and assess the costs of such removal and disposal against the owner of the property on which the container or bin is located. Notice shall be served at least forty-eight hours prior to the City removing such container or bin, as follows:
      (1)   Delivery by personal service upon the person to whom the notice is directed as provided in the application filed with the City; or
      (2)   Sent by regular U.S. Mail evidenced by a U.S. Postal Certificate of Mailing addressed to such person at the address listed in the application filed with the City.
   (f)   No more than two clothing donation containers and one recycling bin shall be permitted on any parcel of property. Any clothing donation container or recycle bin placed or maintained within the City of Kenton that is not first registered in compliance with this chapter shall be subject to impoundment by the City. Any clothing donation container or recycle bin impounded by the City shall be released to the owner upon securing proper registration, and the payment of an impound fee of two hundred dollars ($200.00). If after thirty days the clothing donation container or recycle bin is not retrieved by the proper owner and the impound fee not paid, pursuant to this section, the clothing donation container or recycle bin shall be disposed of pursuant to law. Any items contained therein shall be disposed of or donated to a local, registered not-for-profit charity.
   (g)   The Safety-Service Department shall not issue an annual permit to any clothing donation container or recycle bin owner who does not maintain a clothing donation container or recycle bin in accordance with these regulations. The Safety-Service Department shall not issue an annual permit to any clothing donation container owner who is not a tax-exempt organization under 26 U.S.C. 501(c)(3).
(Ord. 23-029. Passed 11-27-23.)