(a) It shall be unlawful for any person to engage in the refuse collection business in the urban county without first obtaining a license from the urban county government.
(b) It shall be unlawful for any person to dump at the urban county government transfer station or the urban county landfill without first obtaining a dumping permit from the commissioner of public works.
(c) No person outside the urban county shall be issued a permit to use the urban county government's disposal site or facilities until such time as the facilities are expanded to properly provide this extended service. No person inside the urban county shall be issued a permit unless he is in the business of refuse collection through a contractual arrangement with his customers living within the urban county, or unless he represents a commercial establishment within the urban county making regular hauls of refuse.
(d) Such license and permit, listed above, may be revoked by the urban county government upon evidence that the nature of collection or disposal is not in conformity with the requirements of this chapter or such further rules as may be adopted.
(e) Refuse collection contractors, as specified in subsection (c) hereof, shall pay the urban county government for dumping at the urban county government landfill such sum as determined by the urban county government to defray the cost of operation.
(f) It shall be unlawful for any person, other than refuse collectors in the division of waste mangement and a person duly licensed to collect, haul, convey or transport any of the waste materials herein mentioned, to interfere in any manner with the receptacles: containing any such waste materials, or to remove any such receptacle from the location where placed by the owner thereof, or to remove any of the contents of such receptacles. Peace officers in the execution of their official duties are exempt from this section.
(g) Notwithstanding any other provisions of this section, the commissioner of public works is hereby empowered, in his discretion, to issue temporary permits for dumping.
(h) Pursuant to subsections (e) and (g) of this section, the "dumping fee" for the use of the urban county government's landfill for demolition and construction refuse and refuse from land subdivision clearing, shall be determined by the commissioner of public works and a rate schedule shall be published periodically and maintained and shall contain the rates for such dumping fees. Any fees imposed by this subsection remaining unpaid for more than thirty (30) days after they are billed shall bear interest at the rate of one and one-half (1½) percent per month.
(i) The department of law is authorized and directed to institute legal proceedings in the name of the urban county government in any court having jurisdiction over such matter for the collection of delinquent landfill dumping fees, and to take any actions necessary in such proceedings to protect the interests of the urban county government. The commissioner of finance shall refer cases to the department of law upon a determination that all other collection efforts have failed.
(j) The mayor is authorized and directed to execute a release of any lien or lis pendens filed of record upon payment in full of the delinquent landfill dumping fees and applicable costs or upon conclusion of court proceedings which result in a sale of the property regardless of whether any proceeds of the fees and costs were paid from the proceeds of the sale. The department of law shall cause this release to be filed in the county clerk's office.
(Ord. No. 126-83, § 1, 7-21-83; Ord. No. 267-86, § 1, 12-18-86; Ord. No. 166-89, § 1, 8-31-89; Ord. No. 114-90, § 1, 6-14-90; Ord. No. 154-91, § 1, 7-18-91; Ord. No. 167-91, § 1, 7-18-91; Ord. No. 145-92, § 1, 8-27-92; Ord. No. 66-93, §§ 1, 2, 4-27-93; Ord. No. 201-95, § 1, 9-7-95; Ord. No. 166-98, § 1, 6-25-98; Ord. No. 132-2007, §§ 3, 4, 6-21-07; Ord. No. 159-2011, § 1, 12-6-11)