(A) The provisions of this chapter shall not apply to any of the residential units or commercial enterprises hereafter described:
1. Property owned by federal, state or local governments shall be exempt from the requirements of this chapter.
2. A person or entity who contracts for landscaping or gardening work performed for the customer and incidental to such services removes and recycles or disposes of green or yard waste, provided that such removal and recycling or disposal are performed by the person removing and recycling or disposing of such green or yard waste, and not by a subcontractor or other third party.
3. A person or entity that has been given an exemption by the city from any mandatory collection ordinance that the city may adopt in the future.
4. A licensed contractor that generates construction and demolition debris in the course of his/her/its business activities and such contractor, or his/her/its full time employees, and not a subcontractor or other third party, and self-hauls such construction and demolition debris (but excluding all other solid waste or recyclable materials) to an authorized and permitted (as may be required by federal, state or local regulatory agencies with jurisdiction over such activities) processing facility for purposes of material recovery. A licensed contractor shall not use any subcontractor or other third party other than the franchise collection/hauler to haul construction and demolition debris to an authorized and permitted materials recovery facility.
(B) Any person claiming an exemption pursuant to this section shall file a statement under oath or under penalty of perjury with the franchise collector/hauler stating the facts upon which exemption is claimed, and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the solid waste collection fees required by this chapter.
(C) The franchise collector/hauler, after giving notice of not less than ten (10) days and a reasonable opportunity for hearing to any person claiming an exemption pursuant to this section, may revoke any exemption granted upon information that the person is not entitled to the exemption as provided herein. (Ord. 1629, 6-23-2009)