(A) Any person who owns or controls a premises within the city which premises is used as an occupied residence or place where persons reside shall subscribe to regularly scheduled mandatory recycling collection services with the authorized contract collector at all premises and pay the prescribed fees for the services.
(B) The owner or person in control of a premises described in this section shall separate recyclable materials, including, but not limited to, glass, plastic, cans, metals, cardboard and newspapers from rubbish, garbage and other non-recyclable materials. Rubbish, garbage and other non-recyclable materials shall be disposed of by placement in the container(s) provided by the authorized contract collector. Recyclable materials shall be recycled either by depositing them in receptacle(s) provided for that purpose by the authorized contract collector, or by transferring them to another recycling facility.
(C) A failure to separate and recycle recyclable materials shall be a violation of this subsection. The presence of recyclable materials in a container containing garbage and rubbish shall be evidence of a failure to separate and recycle recyclable materials.
(D) Upon a first violation of this division, in any calendar year, a representative of the authorized contract collector shall issue the owner or person in control of the premises a written warning of the violation. At a minimum, the written warning shall indicate the name of the person and the address of the premises, the identity of the person issuing the warning, the date of the violation, and instructions for proper recycling. The warning shall include the required information in Spanish and English.
(E) A second violation within a calendar year shall result in the imposition of a $25 penalty against the owner or person in control. A third or subsequent violation within a calendar year will result in the imposition of a $50 penalty against the owner or person in control. Each notice of violation shall be in writing and shall contain, at a minimum, the information provided in the written warning and a reference to this chapter. The notice of violation shall specify the amount of the penalties, instructions to make payment within 30 days at City Hall, and the information that delinquent penalties may be collected in the manner of other delinquent utility charges.
(F) Penalties imposed pursuant to this section shall be used exclusively to compensate the city for costs incurred in programs designed to achieve the waste reduction mandates set by the state in the Integrated Waste Management Act of 1989 or any other applicable state or local statute.
(G) A person named in a notice of violation may challenge the violation by writing to the City Clerk within 30 days of the issuance date. The challenge should include the reasons therefor and any evidence the person wishes to have considered in connection with the challenge. The decision of the City Clerk shall be final and shall be provided in writing to the person.
(Ord. 00-102, passed 7-11-2000)
Editor's note:
This section is currently undergoing review and revision by the city