(a) In all areas of residential urban county government collection, garbage service will be provided once each week on the same day of each succeeding week. Collection of recyclable materials and yard waste in approved yard waste containers will be provided once each week on the same day as garbage service. Trash that will not fit in the roll cart container and that is properly prepared pursuant to this article will be collected once per week. When a scheduled refuse collection day falls on an urban county government holiday, refuse will be collected on a makeup collection day. The commissioner of environmental quality retains the right to adjust schedules in response to emergencies or severe weather.
(b) Roll cart containers, receptacles for properly prepared trash, roll cart containers for recyclable materials, approved yard waste containers and any other waste subject to collection by LFUCG be placed at the curb line in front of the residence for collection but shall not remain at the curb line longer than a reasonable time necessary for collection. Urban county government containers, other receptacles for trash and ashes and any other waste subject to collection by LFUCG shall be placed at the curb no sooner than 4:00 p.m. on the evening prior to collection and no later than 5:00 a.m. on the day of collection. Urban county government containers and other receptacles shall be removed from the curb no later than 7:00 p.m. in the evening on the day of collection. When not at the curb for collection, roll carts and other approved receptacles shall be kept in the rear yard or side yard. Nonwoody yard waste must be contained in approved yard waste containers and must not be placed in any other type container. Approved yard waste containers must not contain material other than yard waste.
(c) When a violation of subsection (b) has occurred the director, division of waste management, or his designee shall affix a notice of violation to the front door of the residence or structure, to the roll cart container or other conspicuous place and serve upon the property owner, by personal service or by regular mail to the last known address of the owner of the property as it appears on the current tax assessment roll, or to the owner's designee and to the occupant(s) if readily determinable, a notice describing the violation and listing the date and time of the violation and informing the property owner or his designee and the occupant(s) that a civil fine pursuant to article XII may be assessed if the violation continues or two (2) or more notices of violation have previously been issued to the same owner on the same property within a twelve-month period.
(d) An additional citation is authorized to be issued for each further violation of the same nature occurring in any twelve-month period, subject to any pending appeal of a previously issued citation. For the purposes of this section the term "responsible party" shall mean the occupant, if readily determinable in accordance with subsection (f). However, in the event that the occupant is not readily determinable, or in the event that the occupant has previously been issued a citation for a violation of this section within the past twelve (12) months and has failed to timely pay the corresponding civil fine or successfully appeal the citation, the citation shall be issued to the property owner.
(e) A property owner may provide written notice to the director of waste management with the name, address, and phone number of a management company or other designated representative with authority over the subject property to which notices shall be issued pursuant to the provisions of this article II.
(f) Occupant(s) shall be primarily responsible for compliance with the requirements of this section and shall be deemed readily determinable when listed as the party responsible for payment of the solid waste disposal fee at a property or when currently designated by the property owner on a form provided by and filed with the commissioner of environmental quality.
(g) It shall be a defense for a property owner for alleged violations of this section if the readily determinable occupant(s) have vacated the property or the owner has instituted an eviction proceeding against the occupant(s) within thirty (30) days of the third notice of violation and completed the eviction within sixty (60) days of the commencement of the proceeding or as soon as court procedures will allow. It shall be the responsibility of the property owner to provide, in writing, proof of the initiation of eviction proceedings and such other proof necessary to establish this defense.
(Ord. No. 126-83, § 1, 7-21-83; Ord. No. 286-90, § 4, 12-18-90; Ord. No. 14-99, § 9, 1-28-99; Ord. No. 97-2001, § 8, 5-3-01; Ord. No. 282-2003, §§ 11—14, 12-4-03; Ord. No. 296-2004, § 5, 12-2-04; Ord. No. 143-2009, § 8, 7-7-09; Ord. No. 120-2010, § 5, 7-1-10; Ord. No. 15-2018 , § 3, 3-8-18)