(1) Notwithstanding any regulations to the contrary, Municipal Waste and Recyclable Materials set out for City collection, shall be placed out for collection, as follows:
(a) From October 1st through March 31st, before 7:00 a.m. on the day of collection, but not before 5:00 p.m. on the previous day.
(b) From April 1st through September 30th, before 7:00 a.m. on the day of collection, but not before 7:00 p.m. on the previous day.
(2) Enforcement. Enforcement of this Section shall be pursuant to Section 10-718, except as follows:
(a) All notices of violation shall bear, in addition to the requirements of Section 10-718, a statement indicating whether evidence containing the address of the property in violation was found among the refuse, rubbish, garbage or recyclable materials.
(b) Proof of Violation. In determining whether a violation has occurred, the following factors shall be considered in any judicial enforcement proceeding conducted pursuant to Section 10-718 and in any review process conducted prior thereto by the Office of Administrative Review or any other City agency:
(.1) The manner in which the refuse, rubbish, garbage or recyclable materials were set out for collection and whether they were in appropriate containers or bags;
(.2) Whether the refuse, rubbish, garbage or recyclable materials were sitting at the curbside or other pick up location for the property that received the notice of violation;
(.3) Whether a writing or other evidence, containing the address of the property in receipt of the notice of violation, was found among the refuse, rubbish, garbage or recyclable materials and whether such evidence or a photograph thereof was submitted;
(.4) The timeliness of the issuance of any notice of violation; and
(.5) Such other evidence as appropriate.
Notes
| 234 | Added, Bill No. 090221 (approved May 27, 2009). Section 2 of Bill No. 090221 provides that the ordinance shall be effective upon adoption of implementing regulations. Repealed, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010. Added, Bill No. 110366-A (approved August 9, 2011); amended, Bill No. 120099 (approved October 23, 2013); Caption and Section amended, Bill No. 150748 (approved December 23, 2015). |