Fowler Municipal Code Art. 6 Improper Collection of Solid Waste

The improper collection of solid waste and the disposal of recyclable materials in landfills is detrimental to the City's diversion efforts and quality of life in the City. Therefore, anyone who is not a contract agent of the City, as defined by Section 6-2.101, subdivision (a) of this Code (hereinafter referred to in this article as a "non-contract agent"), that provides solid waste collection services in violation of Section 6-2.310 of this Code, constitutes a public nuisance to the City.

(Ord. No. 2023-07, § 1, 5-2-2023)

(a) It shall be a violation of this section for any person or business to utilize a trash container or containers determined to be used in a solid waste collection and transportation operation by a non-contract agent within the City, except as provided by Sections 6-2.205, 6-2.206, 6-2.310 of this Code.

(b) The City shall identify the responsible party who owns the unlawful trash container or containers and shall issue them a written notice of violation via First-Class Mail. The notice of violation shall include all the following:

(1) A description of the nature of the Municipal Code violation, including identifying the Municipal Code section(s) violated, and the date and location within the City where the violation was discovered.

(2) A statement providing that the responsible party must remove any and all trash containers used in violation of this section within ten (10) calendar days from the date the notice of violation is issued.

(3) A statement informing the responsible party that failure to remove said trash containers within the time described above may result in the City causing the trash containers to be impounded at the responsible party's expense.

(4) An explanation that failing to correct the violations within the time described above may result in the City issuing the responsible party an administrative citation pursuant to Section 1-8.04 of this Code.

(5) An explanation of the responsible party's right to appeal the City's determination of said violation by filing a written notice of appeal with the City within ten (10) calendar days of the date the notice of violation was issued, pursuant to the procedures provided by Article 2, of Chapter 22, of Title 5 of this Code.

(Ord. No. 2023-07, § 1, 5-2-2023)

(a) Absent an appeal of a notice of violation or an appeal of an administrative citation that is issued for a violation of this article, any responsible party who fails to correct a previous violation or commits any subsequent violations of this article is subject to having any and all trash containers used in violation of Section 6-2.602, that are found within the public right-of-way, immediately impounded upon discovery by the City.

(b) Whenever a trash container utilized by a non-contract agent is impounded in accordance with this Section, the City shall issue an administrative citation pursuant to Section 1-8.04 of this Code, accompanied by a notice of impoundment consistent with Section 6-3.603 of this article.

(c) Containers not reclaimed within thirty (30) days from the mailing of the written notice of impoundment shall become property of the City and disposed of as determined by the City.

(d) For the purposes of this article, a "subsequent violation" refers to any violation of the same code section occurring within a twelve (12) month period, even if the violation occurs at a different location.

(Ord. No. 2023-07, § 1, 5-2-2023)

Whenever the City impounds a trash container utilized by a non-contract agent in accordance with the provisions of this Article, the City shall provide the owner of the trash container a written notice of impoundment which shall include all of the following:

(a) The date and address where the container(s) were discovered.

(b) A photograph of the container(s) as discovered by City staff.

(c) A statement that the responsible party failed to remove the subject trash container(s) within the time period set forth in the previously issued notice of violation, or, a previously issued administrative citation.

(d) A statement informing the responsible party that any container(s) not reclaimed within thirty (30) days shall become the property of the City and disposed of as determined by the City.

(e) An explanation of the fines and fees required to reclaim the container(s), the location of where the fines and fees can be paid, and the means of payment.

(f) A description of the location where the container(s) are impounded.

(g) A statement that if the impounded container(s) are not reclaimed within seventy-two (72) hours from the time the responsible party makes payment to reclaim the container(s), additional fees will accrue and must be paid prior to reclaiming the container(s).

(Ord. No. 2023-07, § 1, 5-2-2023)

Anyone who violates any provision of this article is guilty of a misdemeanor and shall be subject to the issuance of an administrative citation pursuant to Title 1, Chapter 8 of this Code. Appeals and administrative hearings related to this article shall be governed pursuant to Title 5, Chapter 22, Article 2 of this Code.

(Ord. No. 2023-07, § 1, 5-2-2023)

The City's fees related to the removal, emptying, and storage of an impounded trash container utilized by a non-contract agent for solid waste collection and transportation shall be set by City Council Resolution.

(Ord. No. 2023-07, § 1, 5-2-2023)