(A) Violations of § 96.26(C)(12) located on private property within the city may be abated by the city under the provisions for abatement as set forth in this chapter. Said abatement procedures shall be a non-exclusive remedy, and the city may otherwise pursue removal of the violations by any other lawful means.
(B) Any recycling drop-off station removed by the city pursuant to this chapter shall be retained by the city's Public Works Department for a period of 30 days after its removal by the city prior to its destruction or other disposition. Within 72 hours following removal of any such drop-off station, the city's Public Works Department shall notify, by regular U.S. Mail, the owner of the station of its removal, its current location, and the hold period, if adequate contact information is provided on the drop-off station to identify the owner and its address, for purposes of such notice.
(C) The city's Public Works Department may release any recycling drop-off station obtained and retained under the provisions of this chapter to its owner or agent with written authorization of the owner, within the 30 day retainage period, upon the following conditions:
(1) The owner or agent must present valid proof of ownership of the drop-off station; and
(2) All costs of removal incurred by the city for removal and storage of the drop-off station must first be paid by the owner or its authorized agent by cash or cashier's check made payable to the city.
(3) An owner who has demonstrated proof of ownership pursuant to subsection (C)(1) above, may dispute such costs under subsection (C)(2) above in writing to the City Manager, which must be received in the City Manager's office within the 30 day period the drop-off station is held by the city. A copy shall also be provided to the Public Works Director. Said written dispute shall contain all arguments and have attached all evidence the owner wishes to be considered in support of his dispute as to the propriety of the costs only. The City Manager or his designee shall obtain all relevant material from the Public Works Director along with any evidence and argument as to the costs only. The City Manager or his designee shall render his decision to uphold or modify the costs in writing within ten business days of receipt of the owner's written dispute of costs. No drop-off station which is the subject of any such timely appeal will be disposed of during the appeal period, or for a period of 20 days following issuance of the City Manager's written determination which shall be stated in same.
(1) Evidence supports that the drop-off station was placed on the property without authorization of the property owner as determined by the city; and
(2) If the owner of such property, prior to the city's removal of the nuisance, executes an approved affidavit, authorization and release document provided by the city, attesting to the unauthorized placement of the drop-off station, authorizing the city to enter the property to remove the nuisance, and waiving the city's liability for same.
(Ord. 2013-60, passed 5-28-13)