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Ord 2005-012
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Ord 2005-012
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11/5/2007 10:54:08 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
8/1/2005
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conviction for a violation of this section shall be an infraction or misdemeanor pursuant <br />to Chapter 1-12 of this Code. <br />3-6-340 NO UNAUTHORIZED CONTAINERS. <br />(a) Except as expressly authorized by this Chapter, no person other than the City or <br />its franchisee or contractor may place a container within the City for the collection of <br />solid waste, recyclables, or green waste, unless the person is the owner, operator, or <br />manager of a residential property or commercial or industrial establishment and self- <br />hauls such material, as provided for in Sections 3-6-320(a)(1) and (6). <br />(b) The City shall notify, in writing, any person that violates this section that the <br />prompt and permanent removal of an unauthorized container from the place or premises <br />is required. The City shall deliver such written notice by posting a copy of the notice <br />prominently upon the container. If flee container is identified with the name and <br />telephone number of the enterprise servicing it, the City shall also endeavor to contact <br />the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate <br />the notice. The City may impound or cause to be impounded any such container if the <br />enterprise servicing it does not permanently remove it from the place or premises within <br />the time set forth in the notice, which time shall be not less than twenty-four (24) hours <br />after posting of the notice, nor less than six business hours after telephonic notification, <br />if any. For purposes of this section, "business hours" shall mean the hours of seven (7) <br />a.m. to six (6) p.m., Monday through Saturday. Any person that violates this section shall <br />be liable to the City for all fines and charges levied in connection with the collection, <br />transportation, storage, and handling of such container by the City. The bin, box, or <br />container impounded by the City shall be retrieved by the owner or his or her <br />representative immediately after all applicable fines and charges have been paid. The <br />City Manager may delegate to the City's franchisee or contractar the authority to serve <br />notice of a violation of this section, to impound unauthorized containers, and to collect <br />the fines and charges levied by the City. <br />(c) Upon posting of a written notice of violation upon an unauthorized container, the <br />customer using the unauthorized container shall immediately cease placing solid waste <br />and recyclable materials therein. <br />3-~-350 NO ENCROACHMENT PERMITS REQUIRED FOR <br />CONTAINERS. <br />Consistent with Section 5-1-105 of this Code, the City's franchisee shall not be <br />required to obtain an encroachment permit to place a container for solid waste, <br />recyclables, or green waste in the public right-of--way. The City's franchisee shall, <br />nevertheless, be required to do all of the following: <br />(a) Remove any such container from the public right-of--way at no cost to the City <br />when the City requires such removal; <br />(b) Comply with City's administrative guidelines regarding the placement and <br />marking of all such containers; and <br />(c) Indemnify, defend, and hold harmless the City from and against any and all <br />damages to persons or property resulting from the placement of such containers in the <br />public right-of--way. <br />OfZI~INAI~CE NO. 2005-012 9 <br />
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