Violation of provisions of this chapter shall be subject to fines, penalty assessments or penalties according to § 1-4-1 of this code, in the same manner as violations for depositing, throwing or leaving any refuse on any public or private property or on any water or watercourse (§ 5-2-8 of this title).
(A) Violations (hauler). It shall be unlawful for haulers to:
(1) Fail or refuse to follow the requirements for registration of this chapter; or
(2) Aid or abet another in any attempt to evade any requirements imposed by this chapter.
(B) Violations (generator). It shall be unlawful for any owner or occupant of any residential, multi-family or commercial premises to:
(1) Fail or refuse to follow the requirements imposed by this chapter; or
(2) Aid or abet another in any attempt to evade any requirements imposed by this chapter.
(C) Enforcement. Town of Vail police and Code Enforcement Officers shall have the authority to issue a warning notice, a penalty assessment or a summons and complaint to any person in violation of this chapter.
(D) Penalty assessment. A resident or owner/occupant of a commercial establishment shall be deemed to have been issued an appropriate penalty assessment notice if it is personally served upon the resident or owner/occupant, placed in the U.S. mail, postage prepaid and addressed to the resident or owner/occupant according to the last known address given by the resident or owner/occupant to any Town of Vail or Eagle County government department. If the identity of the resident is not known, the entity responsible for contracting and/or payment of solid waste and/or recyclable materials collection services for the subject location will be held responsible for complying with this chapter and for any penalties assessed pursuant to the same.
(E) Exemption. Unless otherwise exempted, all customers shall comply with the provisions of this chapter. Upon application to the Town of Vail and demonstration of an inability to comply with this chapter, the Planning and Environmental Commission may grant an exemption for a period of time not to exceed 24 months with which to comply with the provisions of this chapter. Prior to granting an exemption to the provisions of this chapter, the Planning and Environmental Commission shall find that the request is warranted for at least one of the following reasons:
(1) Costs considerations including, but not limited to, unreasonable hauling costs, or unreasonable renovation and/or unreasonable retrofitting expense;
(2) Physical limitations including, but not limited to, size, shape or dimensions of a site or structure or location of an existing structure thereon, topographic or physical conditions on the site in the immediate vicinity;
(3) Operational considerations including, but not limited to, hours of operation, staffing, proximity to recycling facilities, implementation schedule; or
(4) Conflicts with adopted regulations including, but not limited to, land use regulations, Building/Fire Code regulations.
(Ord. 6(2014) § 1)