(A) No person other than an authorized franchisee/permittee may place a bin or container for the collection of any solid waste/recyclable material within the city.
(B) Any bin or container ("container") placed in violation of this section is hereby declared to be a nuisance and is subject to abatement pursuant to applicable provisions of this code. Should the city become aware of any container which does not belong to any one of the city's established collectors, located on private property in the city, the city may cause removal of such container.
(C) The city shall post a notice in a conspicuous place on any unauthorized container directing it to be removed within 24 hours and provide the notice, to the generator (business or resident), either posted on the container, by hand delivery to occupant or by certified mail.
(D) The notice pursuant to division (C) shall state that:
(1) The container is illegal and the nature of the violation;
(2) The container must be removed within 24 hours of the posting or delivery;
(3) The time the notice was posted or delivered;
(4) The name and phone number of a person designated by the City Manager to hear any appeal or challenge to the requirement that the container be removed and that any appeal of the order for removal must occur within 24 hours of the posting of the notice;
(5) If the container is not removed within 24 hours of posting the notice, the city will have the bin impounded (to a stated location);
(a) If the city has the bin impounded, the unpermitted collector/hauler and the generator (business owner and/or occupant of the property) will be joint and severally liable for all fees and fines charged as described below;
(b) In order to recover the costs of disposing of the contents of any such container caused to be removed by the city, including both the costs incurred by the collector/hauler performing such removal and the city's administrative costs, the city shall charge an amount equal to twice the city's maximum authorized daily service rate charged for the subject size container, plus any disposal charges and storage fees incurred by the permittee;
(c) If the city impounds or causes the container to be impounded, the owner of the container may retrieve such container from the city by providing to the city proof of ownership and by paying to the city an impound charge equal to the city's maximum authorized daily service rate for a ten-yard roll-off bin, with an additional 20% of total cost added on for each additional ten-yard (e.g. 20-yard bin = 10-yard bin cost + 20% (10-yard bin cost); 30-yard bin = 20-yard bin + 20% (20-yard bin cost; 40-yard bin = 30-yard bin + 20% (30-yard bin); and
(d) If any impounded container is not retrieved within 90 days after its removal, the container will be deemed abandoned and the city may dispose (by auction or direct sale) of such container and is authorized to retain funds collected in disposing of the container.
(E) The posting of the notice to remove on the container shall constitute constructive notice to the owner of the container and the generator of the requirement to remove the unauthorized container, and a copy of the notice shall be provided to the owner of the unauthorized container once said owner's identity is ascertained by city, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container seeks to retrieve any such container removed hereunder.
(F) Between the date following the date upon which any unauthorized container is removed by the city, and the date which is five business days following its retrieval from city, the owner of the unauthorized container may request a hearing to appeal the city's determination that the container is an unauthorized container subject to removal by city as set forth herein. The City Manager or his/her designee shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to city shall be forgiven and any amounts paid reimbursed.
(Ord. 1101, passed 3-28-19; Am. Ord. 1119, passed 12-7-21)