(A) The purpose of this section is to regulate and control the disposition of solid waste in the city and to prohibit the dumping or storing of the waste in a place other than a permitted facility, particularly along public roadsides. It is also the purpose of this section to prevent a generator or owner of solid waste to escape liability by contracting with a third party to dispose of solid waste which third party wrongfully disposes of the waste.
(B) For the purposes of this section, SOLID WASTE means any garbage, refuse, household waste, household hazardous waste, or other discarded material including solids liquids, semi-solids, or contained gaseous material.
(C) No person or entity shall:
(1) Discharge, deposit, throw, or cause to allow any solid waste to be discharged, deposited or thrown or stored on any land within the city limits for final disposal that does not have the proper permits and which is also the land not owned by the generator or owner of the solid waste;
(2) Transport their garbage or rubbish to collection sites other than the site which is designated for their property;
(3) Transport garbage or rubbish from out of the city limits into the city and dispose of the garbage or rubbish at a city collection site;
(4) Transport garbage or rubbish from apartment buildings, schools, churches or other similar places to residential collection sites within the city;
(5) Dump garbage, rubbish or other waste materials, or similar matter into any street, alley, vacant lot, public place or land or into or near any portion of natural or artificial water course in the city; and/or
(6) Allow garbage or rubbish to remain upon any alley, street, or public way or allow the rubbish or garbage to remain in a visible and unsightly condition.
(D) It is the purpose of this section, among other things, to prohibit a person who lives outside the city limits from bringing trash generated outside the city limits, into the city for collection. The prohibitions of this section shall apply to all persons and entities regardless of whether they own real estate in the city limits.
(E) It shall be a defense to the acts prohibited that the solid waste was deposited, stored or thrown by:
(1) An act of God;
(2) An act of war; or
(3) An act or omission of a third party other than the owner or generators or employee or agent and other than one whose act or omission occurs in connection with a contractual relationship existing directly or indirectly with the owner or generator of the solid waste if the defendant establishes by a preponderance of the evidence that:
(a) He or she exercised due care with respect to the solid waste concerned: and
(b) He or she took precautions against foreseeable acts or omissions of any third party and the consequences that could foreseeably result from acts or omissions.
(Ord. 1-92, passed 1-27-1992)
(F) In all cases where there is found to be non-compliance with the provision of this section, the owner or occupant of the property found to be in non-compliance shall be notified by the Street Department Commissioner either in person or by written notice sent by certified mail. This notice shall describe the nature of the non-compliance and suggest corrective action. The property owner or occupants so notified shall have 5 days from the receipt of the notice to take the corrective action at the expense of the property owner or occupant. The charge assessed against the property owner or occupant will be based upon the actual cost to the city including, but not limited to, labor and equipment cost to the city and cost charged against the city to perform the corrective action and shall constitute a lien on real estate. In no case shall the charge be less the $100. In addition to the assessment of charges pursuant to § 10.99, the city may bring an action against the owner or occupant pursuant to § 51.99 of the Washington Code of Ordinances.
(Prior Code, § 51.13) (Ord 3-99, passed 4-26-1999)