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(A) Appear And Show Cause For Exclusion: Any written notice sent to a property owner shall include an option to appear before the city manager, or a designated representative, at a time specified within the notice, to show cause why such person should not be required to subscribe for the collection of garbage and recyclables. In addition, any property owner not receiving a notice may arrange to appear before the city manager, or a designated representative, at a time specified, to show cause why such person should not be required to subscribe for the collection service. At the appearance, the city manager may find excluded from the requirements of this chapter only those persons who show:
1. They are not owners of the property mentioned; or
2. The property is not within the Placerville city limits; or
3. The property is vacant; or
4. The residential unit or structure on the property is vacant or temporarily unoccupied for a period in excess of one month; or
5. Unique parcel specific conditions which compel the property owner, tenant or occupant to self-haul their garbage, recyclables and green waste to the transfer station. Such conditions may include properties with long, narrow or steep driveways where the franchise collector/hauler, in the opinion of the city manager, is unable to properly and safely use the franchise collector/hauler's equipment, and granting such exclusion would not create a nuisance; or
6. The owner or occupant legally recycles and/or composts virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them if they are not provided with collection and disposal services by a collector.
(a) Declaration Required: All persons claiming this exclusion shall be asked to sign a declaration or affidavit, under penalty of perjury, once per year, stating that they legally recycle and/or compost virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them.
Any exclusion granted by the city manager is revocable for cause, as determined by the city manager. Any exclusion granted by the city manager can be made conditional, as needed to ensure continuing eligibility. Violations of any such conditions can result in the revocation of the exemption, and/or result in the assessment of penalties under title 1, chapter 4A of this code. (Ord. 1629, 6-23-2009)