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• <br /> property or commercial or industrial establishment and self -hauls such material, as provided for in <br /> sections 3- 6- 320(a)(1) and (6). <br /> (b) The City shall notify, in writing, any person who violates this section that the prompt and <br /> permanent removal of an unauthorized container from the place or premises is required. The City <br /> shall deliver such written notice by posting a copy of the notice prominently upon the container. If <br /> the container is identified with the name and telephone number of the enterprise servicing it, the <br /> City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner <br /> telephonically shall not invalidate the notice. The City may impound or cause to be impounded <br /> any such container if the enterprise servicing it does not permanently remove it from the place or <br /> premises within the time set forth in the notice, which time shall be not less than twenty -four <br /> hours after posting of the notice, nor less than six business hours after telephonic notification, if <br /> any. For purposes of this section, "business hours" shall mean the hours of 7 a.m. to 6 p.m., <br /> Monday through Saturday. Any person who violates this section•shall be liable to the City for all <br /> fines and charges levied in connection with the collection, transportation, storage, and handling of <br /> such container by the City. The bin, box, or container impounded by the City shall be retrieved by <br /> the owner or his or her representative immediately after all applicable fines and charges have been <br /> paid. The City Manager may delegate to the City's franchisee or contractor the authority to serve <br /> notice of a violation of this section, to impound unauthorized containers, and to collect the fines <br /> 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 and <br /> recyclable materials therein. <br /> 3 -6 -350 No Encroachment Permits Required for Containers. <br /> Consistent with section 5 -1 -105 of this Code, the City's franchisee shall not be required to obtain <br /> an encroachment permit to place a container for solid waste, recyclables, or green waste in the <br /> public right -of -way. The City's franchisee shall, nevertheless, be required to do all of the <br /> following: <br /> (a) Remove any such container from the public right -of -way at no cost to the City when the <br /> City requires such removal; <br /> (b) Comply with City's administrative guidelines regarding the placement and marking of all <br /> such containers; and <br /> (c) Indemnify, defend, and hold harmless the City from and against any and all damages to <br /> persons or property resulting from the placement of such containers in the public right -of -way. <br /> SECTION 3. The terms of this ordinance shall not apply to those properties located in the Oro <br /> Loma Sanitary District service area, except that all property therein shall have solid waste <br /> collection service. <br /> SECTION 4. This ordinance shall take effect thirty (30) days after adoption and the title thereof <br /> shall be published once prior to adoption. <br /> 8 <br />