(A) Any person or any company who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties as set forth in § 10.99 of this code, as amended from time to time hereafter. The city may further penalize licensed haulers the following amounts as liquidated damages as follows:
(1) For overloading any conveyance used in collection and removal: a minimum of $200 for each occurrence;
(2) For failure to clean up spilled refuse from the provided containers: a minimum of $50 for each occurrence;
(3) For permitting conveyances used in the collection and removal of refuse to stand in the City no longer than 24 hours: a minimum of $50 for each occurrence;
(4) For failure to keep conveyances in sanitary condition: a minimum of $50 for each occurrence;
(5) For failure to dispose of refuse, garbage, trash and rubbish only by means of a sanitary landfill, and in accordance with the codes of the city: a minimum of $200 for each occurrence.
(B) If any company should violate any of the terms, conditions or provisions of this chapter or if any company should fail to comply with any reasonable provisions of any ordinance of the city regulating the use by any company of the streets, alleys, easements or public ways of the city, or if any company should fail to comply with any material representation of fact in its application, and should said company further continue to violate or fail to comply with the same for a period of 30 days after said company shall have been notified in writing by the city to cease and desist from any such violation or failure to comply so specified, then said company may be deemed to have forfeited and annulled and shall thereby forfeit and annul all the rights and privileges granted hereunder to said company; provided, however, that such forfeiture shall be declared only by written decision of the Mayor and Council after an appropriate public proceeding before the Mayor and Council affording said company due process and full opportunity to be heard and to respond to any such notice of violation or failure to comply; and provided further that the Mayor and Council may, in its discretion, and upon a finding of violation or failure to comply, impose a lesser penalty than forfeiture or excuse the violation of failure to comply upon a showing by said company of mitigating circumstances. Said company shall have the right to appeal any finding of violation of failure to comply and any resultant penalty to any court of competent jurisdiction.
(Ord. 2011, passed 2-19-09)