§ 1025.08 REMOVAL OF EXCESS WASTE.
   (a)   Prior Arrangement with Contractor. In instances where certain properties have solid waste in excess of the normal pickup, the customer is required to coordinate, in advance, removal of such waste directly with the Contractor, and the Contractor shall be entitled to charge an additional fee for such service. Said fee shall not exceed the per hopper rate set forth in the City's Fee Schedule, Appendix A to the City Government Code. The customer and Contractor shall arrange for the direct payment of said additional fee directly to the Contractor. If said fee is not paid within thirty (30) days, the Contractor shall forward the necessary paperwork to the City, who shall collect the fee as other solid waste collection fees are collected, in accordance with Chapter 1030. In addition, an administrative fee, as set forth in the City's Fee Schedule, Appendix A to the City Government Code, shall be added to the fee.
   (b)   Failure to Make Prior Arrangements. In cases where the customer or property owner has not made prior coordination with the Contractor for the removal of excess solid waste, the following procedures shall be followed:
      (1)   The Contractor shall notify the City Manager, or his or her designee, of the address and volume where such excess solid waste is located. The City Manager, or his or her designee, shall inspect said address and shall, in his or her sole discretion, make the determination as to whether the volume of solid waste is excessive. If the City Manager, or his or her designee, determines the volume of solid waste is not excessive, the Contractor shall remove the solid waste at no additional cost to the customer or the City.
      (2)   If the City Manager, or his or her designee, in his or her sole discretion finds that the volume of solid waste is excessive, the City shall notify the property owner of the same and shall give the property owner forty-eight (48) hours to remove the excess waste. If the property owner contacts the Contractor, the Contractor shall have the right to charge the property owner an additional fee for this service. Said fee shall not exceed the per hopper rate set forth in the City's Fee Schedule, Appendix A to the City Government Code. The property owner and Contractor shall arrange for the direct payment of said additional fees directly to the Contractor. If said fee is not paid within thirty (30) days, the Contractor shall forward the necessary paperwork to the City, who shall collect the fee as other solid waste collection fees are collected, in accordance with Chapter 1030. In addition, an administrative fee, as set forth in the City's Fee Schedule, Appendix A of the City Government Code, shall be added to the fee.
   (c)   Failure of Property Owner to Remove Excess Waste. If the property owner fails to remove the excess waste, as required under division (b) of this section, the City shall authorize the Contractor to do so, and shall bill the property owner for all costs associated therewith. The Contractor shall forward the necessary paperwork to the City, who shall collect the fee as other solid waste collection costs are collected, in accordance with Chapter 1030. In addition, an administrative fee, as set forth in the City's Fee Schedule, Appendix A of the City Government Code, shall be added to the fee.
   (d)   Exception. This section shall not apply during any City-announced "clean-up" period.
(Ord. 89-86. Adopted 12/28/89; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)