(A) The Public Works Department shall administer and enforce the provisions of this chapter. It is the responsibility of the Department to:
(1) Collect, transport and dispose of all refuse and to carry out the intent of this chapter;
(2) Investigate complaints;
(3) Establish appropriate routes and schedules for refuse and yard waste collection in residential, commercial and industrial areas;
(4) Designate the size and type of receptacle or container that must be utilized;
(5) Approve the location where new containers are to be serviced and determine the practicality of existing container installations;
(6) Determine the necessity and reasonableness of having the collectors enter any property to collect refuse and other collectible waste; and
(7) Notify the responsible party of nonconforming receptacles or containers and nonconforming precollection practices.
(B) All such rules and regulations so promulgated shall have the force and effect of an ordinance of the town. It shall be unlawful for any person to fail, neglect or refuse to comply with such rules and regulations so promulgated as approved. The Public Works Director and/or his/her designee shall have the authority to approve the issuance of warning notices for violation. Whenever the Public Works Director determines there has been a violation of this chapter, such Director and/or his/her designee shall give notice of such violation to the property owner and/or person or agent responsible and/or occupant in accordance with the responsibilities set out in this chapter. Such notice shall be in writing, allow 15 days from its receipt for performance of any act it requires, specify the manner in which the violation may be corrected and state that, if such correction is not voluntarily completed within such time, legal proceedings against the violator shall be instituted and sanitation service may be terminated until the violation is corrected.
(1) Service of notice shall be by delivery to the property owner and/or the person or agent responsible and/or the occupant personally; or by leaving such notice at the usual place of adobe of such party or the owner or person responsible with person of suitable age or discretion; or by depositing the notice in the United States Post Office addressed to the owner or person responsible at his last known address, with postage prepaid, or if service of notice cannot be obtained in either of the above methods, by posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises where the violation has occurred.
(2) Within five days following receipt of notice of violation, any person receiving such notice, believing that the literal application of this chapter will cause undue hardship or has been misconstrued, may appeal to the Town Administrator. The Town Administrator may, after investigation of the appeal and grounds thereof, permit in writing, in appropriate cases, a reasonable extension of time or relief from strict compliance with the provisions of this chapter.
(C) The Town Administrator may waive the issuance of any warning notices or waiting periods and institute legal proceedings immediately if it is determined that the same owner, occupant or person responsible has been given notice for the same violation at that same location within the previous 180 days.
(D) The Town of Pendleton shall require any active residential utility customer whose property is located within the municipal limits of the town, to be charged a sanitation fee. The fees will be applied as long as utility service is active.
(Ord. 16-01, passed 3-7-16)