Madera County Municipal Code Art. III Impounding Unauthorized Containers

Footnotes:

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Editor's note— Ord. No. 665B, § 3, adopted October 6, 2015, amended Article III in its entirety to read as herein set out. Former Article II, §§ 7.24.300—7.24.304, pertained to service fees; billing and accounts, and derived from Ord. No. 665A, adopted December 2, 2014 and Ord. No. 677, adopted June 2, 2015.

The public works director or his or her designee shall have the authority to enforce the provisions of this chapter.

(Ord. No. 665B, § 3, 10-6-15).

Companies that haul solid waste in the county without a county approved franchise agreement, or as otherwise authorized by Section 7.24.106 of this chapter, are operating illegally. If a container is identified as belonging to a company operating in the county illegally, or the container is not properly identified as belonging to a franchisee or other county-approved solid waste collector, or anyone operating as authorized in Section 7.24.106 of this chapter, then the container shall be deemed unauthorized and subject to removal and impound pursuant to this article.

(Ord. No. 665B, § 3, 10-6-15).

Nothing in this chapter shall be deemed to limit the right of a franchisee or the county to bring a civil action against any person or company who violates this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by a franchisee or the county.

(Ord. No. 665B, § 3, 10-6-15).

No person shall place or leave standing a container on any public or private property within the county except a container provided by authorized county franchisees or as otherwise specifically authorized in Section 7.24.106 of this chapter.

(Ord. No. 665B, § 3, 10-6-15).

The public works director or his or her designee may cause the posting of a notice to remove, in a conspicuous place, on any container placed on any public or private property within the county in violation of this chapter.

A. Notices to remove posted pursuant to the provisions of this chapter shall specify the nature of the violation and shall state that the solid waste container must be removed within forty-eight hours or it may be removed and stored by the franchisee or the county, and the contents disposed of, at the expense of the owner of the container. The posting of a notice to remove shall constitute constructive notice to the owner and user of the container of the requirement to remove the container.

B. If the solid waste container is not removed within forty-eight hours after the notice to remove is posted, the public works director or his or her designee may direct the removal and storage of the container and the disposal of its contents.

C. If the identity of the owner of a solid waste container that has been removed by the franchisee or the county is known to the public works director or his or her designee, the public works director or his or her designee shall promptly cause notice to be mailed to the owner to claim the stored property. If the container is not claimed within ten business days after removal and notice to the owner, or ten business days after removal if the identity of the owner is unknown, the container and its contents shall be deemed abandoned property and may be disposed of accordingly.

D. After a container has once been removed by the franchisee or the county pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including the prohibition of collecting solid waste by any person other than an authorized county franchisee or those exempted by Section 7.24.106 of this chapter. In the event of a subsequent placement of a container owned by the same owner who has previously had a container impounded and been provided notice in accordance with this article, the public works director or his or her designee may immediately, without the posting of a notice to remove, direct the immediate removal and storage of the unlawful container and shall, in such case, give notice to the owner to claim the impounded container.

E. Prior to releasing or returning any impounded container to the owner of the container, the owner of the container shall pay to the county the applicable impound fees (covering the cost of removal, storage, and disposal of contents) as established and amended from time to time by county resolution. Whether or not the owner claims the container, the owner of the container shall be responsible for the payment of the applicable impound fees, which impound fees shall constitute a debt owed to the county by the owner of the impounded container, who shall be liable therefore in an action by the county for the recovery of such amounts.

(Ord. No. 665B, § 3, 10-6-15).