(a) Collections to Be Made by City or by Private Contractor under City Supervision; Collection Vehicles. All collections of garbage and trash shall be made by or under the direction and supervision of the City. Nothing herein contained, however, shall be construed to compel the City to collect garbage or trash in City trucks or by City personnel; and the City Council may contract with any person for the collection, transportation or disposal of garbage and trash. All vehicles used in collecting and transporting garbage and trash shall be constructed so regarding prevent any garbage or trash from leaking, spilling or blowing upon the streets and premises in the City. Vehicles of the contracting person shall be kept clean, sanitary and free from odor.
(b) Final Disposal Sites To Be Designated by City; Responsibilities of Contract Collector; Nonliability of City. During the term of any contract for the collection of garbage or trash by a contract collector, garbage and trash shall be disposed of by the contract collector at a site designated by the City. The contract collector shall use a lawful and sanitary method for disposing of all refuse. The responsibility for disposal at any site shall be that of the contract collector, and the City shall not assume any responsibility regarding the manner and method used by the contract collector.
(c) Restrictions on Private Collectors Other than Contract Collectors. During the term of any contract for the collection of garbage or trash by a contract collector private scavengers, pushcart operators and private garbage collectors other than the designated contract collector or collectors are hereby prohibited from engaging in the business of transporting or disposing of raw or prepared garbage and wastes containing organic waste, putrid matter and waste or excreta subject to putrefaction.
(d) Garbage Receptacles. Every person from whose premises garbage is collected by a contract collector shall comply with the provisions of this chapter with respect thereto, and shall provide a suitable garbage can or receptacle to be approved by the contract collector in which such garbage shall be deposited as it, from time to time, is made or produced. Such receptacle or garbage can shall be constructed of metal or heavy plastic and have a tight fitting lid.
(e) Rules and Regulations. The City Council may make rules and regulations not inconsistent with State Law, this Code or other Ordinance, and not in conflict with any contract by and between the City and any contract collector which may be in effect, providing for the manner in which refuse shall be stored and set out for collection; the manner in which collections shall be made and a schedule of days and hours for collections; specifications for garbage and trash receptacles and the placement thereof for collection purposes; waste matter which shall not be subject to collection; a schedule of fees to be charged by the City for collection services, either to cover the costs of collection by the City or to meet all or any part of the contract price for collection by a contract collector; and any subject incidental to the collection and disposal of refuse.
(f) Throwing, Scattering or Burning Refuse. No person shall throw, place or scatter any garbage, rubbish, trash or other refuse, over or upon any premises or street, either public or private, or adjacent thereto, either with or without the intention to later remove or burn the same; or suffer or permit from the accumulation of refuse, any premises owned, occupied or controlled by such person, to become or remain offensive, unsanitary, unsightly or unsafe to public health or hazardous from fire; or to burn any such garbage, rubbish, trash or other refuse within the corporate limits. Where burning of refuse is deemed to be a necessity by the Superintendent of Public Works, upon application by such person for a permit for such burning, a permit may be issued by the Superintendent of Public Works for such burning upon private property subject to such terms and conditions as the Superintendent of Public Works or the City Council may require.
(g) Use of Containers for Storage. No person shall store or permit the storage of refuse on or about their premises, or the premises occupied by them, unless such refuse is kept separately in standard trash or garbage containers as defined in these articles.
(h) Removal of Refuse from Containers. No municipal employee shall collect or remove, at municipal expense, any refuse from the premises of any person or tenant thereof or business, unless such premises is equipped with standard containers referred to herein, and unless such refuse is kept stored in such containers.
(i) Failure to Pay.
(1) If the fee, rate or charge for any of the foregoing services shall not be paid within thirty days after the same is due, the amount thereof shall be in default and may be recovered by the City in any appropriate action. The fees, rates and charges for the service mentioned above in this article, shall, if not paid when due, constitute a lien upon the premises served, which lien may be foreclosed against the lot or parcel of land on which the building served is located, in accordance with the laws of the State of West Virginia regarding the foreclosure of liens on real property. The City shall file in the office of the Clerk of the County Court of Greenbrier County, West Virginia, a Statement of all unpaid fees, charges and liens executed on its behalf and duly verified by the City Recorder, showing therein the kind and nature of the service, the period covered, the amount of the charges therefore due and unpaid for a period of more than thirty days, the description or designation of the premises to which services are chargeable and the name of the owner thereof, and further showing an additional fee of $1.50 to reimburse the City for its costs in preparing such Statement, the additional item of $1.00 to reimburse the City for the fee paid by it to the Clerk of the County Court for the recordation of such lien Statement, which Statement, when so filed of record, shall be and constitute notice of a first and prior lien upon the property and premises therein referred to, subordinate only to liens for taxes and liens in favor of the United States of America and the State of West Virginia.
(2) Whenever the amount of any lien filed in accordance with this article has been paid, together with the costs thereof, in full, to the City Recorder, the City Recorder shall certify such payment to the Mayor who shall execute and deliver to the party paying the same a release of the lien therefore, which may be recorded in the office of the Clerk of the County Court of Greenbrier County, West Virginia, as other releases of liens.
(3) The Mayor shall be authorized to issue a release of any such lien which may be by mistake filed against the wrong property, upon evidence thereof being presented to the Mayor.
(4) The City reserves the right that when any fee, rate or charge for any of the foregoing services shall not be paid within thirty days after the same is due to discontinue all service to such property owner to such person, householder, business or corporation, without further notice to such person, householder, business or corporation that such service is being so discontinued.