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Both the franchisee and the public shall comply with Oregon Revised Statutes 459 and 459A and regulations promulgated pursuant thereto, including those regulations issued by the department of environmental quality. The following requirements shall pertain to service under this chapter:
A. Disposal In Approved Manner; Certain Intervals: Each person in the city shall dispose of their putrescible solid waste and wastes in an approved manner at least every seven (7) days or at more frequent intervals where necessary to prevent the creation of health hazards, rodent harborage or sustenance, vector production or sustenance, or public nuisance.
B. Receptacles: Each customer shall use only receptacles furnished by the franchisee; unless the franchisee has authorized the use of a customer provided receptacle. The loaded weight of the receptacles shall comply with the manufacturer's specifications.
C. Carts: All carts designed for mechanical solid waste collection and all receptacles designed for mechanical recyclable materials collection shall be placed at the curb or roadside by the customer prior to the time of collection.
D. Location: Commercial carts and containers and any other receptacles not required by the franchisee to be at roadside must be located where access and egress is possible without hazard or risk to the person providing service or other persons, or risk to property, and shall be located outside of any locked or latched gate or outside any building.
E. Stationary Compactors: No stationary compactor or other receptacle for commercial or industrial uses shall exceed the safe loading design limit for collection vehicles providing the service. Stationary compacting devices for handling solid waste or recyclable materials shall comply with applicable federal and state safety regulations.
F. Customer Action: Customers shall take appropriate action to ensure that hazardous materials, chemicals, paint, corrosive materials, infectious waste, or hot ashes are not put into a cart, container or drop box. When materials or customer abuse, fire, or vandalism causes excessive wear or damage to a cart, container or drop box, the cost of repair or replacement may be charged to the customer.
G. Responsibility For Payment: Any person who receives service shall be responsible for the payment for that service. The landlord of any premises impliedly consents to the provision of service to the tenant thereof, and shall be responsible for payment for the service if the tenant does not pay.
H. Additional Billing Policies: The following additional billing policies shall apply:
1. There shall be a pro rata credit allowed on the regular monthly charge for service which is canceled for three (3) weeks or more, but none shall be allowed for service which is canceled for less than three (3) weeks.
2. The franchisee may deny solid waste collection service to nonowner occupants of property unless payment therefor has been guaranteed in advance by the property owner, or unless a satisfactory cash deposit or advance payment has been made by said nonowner occupant.
3. The franchisee may charge a late fee for payment more than thirty (30) days after it is due in the amount of eighteen percent (18%) APR (1.5 percent per month).
4. The franchisee may terminate service to a customer for nonpayment in accordance with subsection 8-4-10C of this chapter. The franchisee may require advance payment of a restart fee in the future from a previously nonpaying customer before resuming service.
5. For purposes of solid waste management service billing charges, two (2) plastic bags or waterproof paper bags (not exceeding 30 inches by 37 inches, and which must be securely closed) shall be the equivalent of one 32- to 35-gallon receptacle. No sharp or abrasive materials shall be placed in a plastic or paper bag. (Ord. 627-10, 9-21-2010)