A. Duty to Collect. Waste collectors shall collect solid waste from customers who have contracted for the service.
B. Acceptable Solid Waste.
1. The following solid waste is acceptable for collection and shall be collected: garbage, ashes, rubbish and small dead animals which do not exceed seventy-five pounds in weight.
2. The following solid waste is not considered acceptable for collection but may be collected at the discretion of the waste collector where special facilities or equipment required for the collection and disposal of such wastes are provided:
a. Dangerous materials or substances, such as poisons, acids, caustics, infected materials, radioactive materials and explosives;
b. Materials resulting from the repair, excavation or construction of building and structures;
c. Solid wastes resulting from industrial processes;
d. Animals exceeding seventy-five pounds in weight, condemned animals, animals from a slaughterhouse or other animals normally considered industrial waste;
e. Manure.
C. Frequency of Collection.
1. The frequency of collection shall be in accordance with rules of the waste collector but not less than:
a. Garbage only, twice weekly;
b. Refuse with garbage, twice weekly;
c. Rubbish and ashes, as often as necessary to prevent nuisances and fly breeding.
2. A variance from the required frequency rate may be granted to allow for the collection of garbage once weekly. The variance may be granted by the director upon submission of an acceptable plan approved by the county health department demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical or mechanical means. The variance may be revoked whenever the director determines that the circumstances warranting the variance no longer exist.
3. Requests for variances pursuant to paragraph 2 of this subsection shall be submitted to the director on application forms approved by the director. An application shall not be complete until the applicant has paid the variance fee prescribed by Section 7.25.200. Upon submission of a complete application, the director shall give notice of the proposed variance once each week for two consecutive weeks in a newspaper of general circulation within the waste collector service area proposed to be affected. The notice shall describe the variance requested, shall invite public comment on the proposed variance and shall notice a public hearing on the proposed variance.
4. A person requesting a variance pursuant to paragraph 2 of this subsection shall give notice of the requested variance to each person whose refuse collection is proposed to be affected. The notice shall be in a form approved by the director, describe the requested variance and procedures to comment pursuant to paragraph 3 and be mailed or left at the residence or place of business of each person prior to the public hearing noticed by the director. The intentional failure of the applicant to give notice pursuant to this paragraph shall constitute grounds for denial of the requested variance.
5. If a variance is denied by the director, a subsequent request for a variance may not be submitted by the waste collector within six months following the denial.
D. The standard collection service set forth in this chapter only prescribes a minimum level of service and does not preclude a waste collector from agreeing to provide a higher level of service.
(Ord. 1992-127 § 1 (part), 1992: Ord. 1990-115 § 1 (part), 1990)