(A) (1) It shall be a violation of this chapter for any unauthorized commercial waste removal enterprise or provider to collect, obtain, possess, pick up or cause to be collected, obtained, possessed, or picked up any recyclables or residential or bulky waste from dwelling units served by the utility. Authorization means approval by the Utility Service Board. Occasional removal of bulk waste or yard waste or debris associated with construction, demolition, moving, or seasonal cleaning does not require authorization. Any and each such violation hereof from one or more locations shall constitute a separate and distinct violation of this chapter. Nothing contained in this section shall prohibit collection by privately contracted providers of waste removal services that have been authorized by the Board. Each dwelling unit will be responsible for the applicable monthly waste disposal fee regardless of whether the resident, tenant, or occupant uses the service.
(2) It shall be unlawful and a violation of this chapter for any person, firm or organization to:
(a) Throw, place, deposit or scatter any residential, or bulky waste onto or into any street, alley, or public way or into or on public or private property except as contained in appropriate receptacles and placed in the proper location for the dwelling unit all in accordance with the provisions of this chapter;
(b) Overturn, upset, damage, or remove any residential waste receptacle that has been placed for collection or tamper with or remove the contents thereof;
(c) Permit the accumulation, upon or in the dwelling unit or adjacent property, of recyclables or residential or bulky waste in an unsightly or unhealthy manner, or to in any way block or impede the flow of traffic on a street, alley, or public way;
(d) Haul, transport, or convey recyclables, residential waste, or bulky waste within the city unless such recyclables or waste is covered by a screen, wire mesh, tarpaulin, or the like sufficient to contain the contents during such hauling, conveying, or transporting.
(B) (1) Upon the violation of any provision of this chapter, the utility may institute civil proceedings to enforce the provisions of this chapter and to recover expenses, costs, and attorney fees incurred as a result of such violations. Any person, firm or organization who, upon conviction, is found to be in violation of any of the provisions of this chapter shall be fined as determined by City of Marion Code of Ordinances § 10.99.
(2) Each day a violation occurs or continues constitutes a separate offense.
(3) In addition to any other penalty provided for herein, the utility may take such civil action as provided by law, including, but not limited to, injunctive relief, abatement of a nuisance, or imposition of a lien for expenses.
(Ord. 8-2016, passed 5-12-2016)