Article II — COLLECTION AND TRANSPORTATION

It shall be the duty of every person owning, occupying, or having charge or control of any residential unit or place of business where refuse is accumulated to provide for refuse collection services by the Contractor with whom the City holds an agreement for such services.

(Ord. No. 2021-1506, § 1, 10-26-2021)

All refuse created, produced or accumulated in or about a residential unit or place of business shall be collected at least once each week. The City Manager may, at his discretion, or upon recommendation of the County Health Officer, require more frequent pick ups should the nature of a particular business so require. The Contractor shall arrange collection routes so that pick ups will be made on the same day of each succeeding week, with the following exception: no collection will occur on Thanksgiving, Christmas and New Year's Days, contingent upon advance notice to all those affected, in a manner satisfactory to the City Manager.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Availability and Payment for Services. Any occupant desiring to have refuse collections more frequently than provided by this chapter or who has accumulated refuse of any type exceeding the maximum amount permitted per collection, or who has accumulated miscellaneous and bulky debris or construction or demolition debris shall enter into an agreement with the Contractor for special collection service. Such service shall be rendered on terms mutually agreeable to both parties and payment for service shall be made directly to the Contractor.

(b)

Payment Under Protest. Any occupant billed for special collection services and who desires to contest the extent or reasonableness of the charge billed, may make payment of such charges under protest and, at the same time, shall file a written statement of protest with the City Manager. Within 30 days after date of filing, the City Manager shall notify the protesting party of the decision and adjustment in the matter. The decision of the City Manager may be appealed to the City Council by any party and the determination of the City Council, in regular meeting, shall be final. One-half the appeal fee shall be refunded to the protesting party in those cases where the City Council finds in favor of the protest.

(Ord. No. 2021-1506, § 1, 10-26-2021)

Any occupant may request exemption from the requirement of Section 8.68.060 herein, on condition that proof of regular use of a County authorized solid waste facility for the disposal of refuse accumulated on occupants property is shown. Such proof shall consist of the following:

(a)

Residential occupancies: A minimum of 52 disposal receipts from a County authorized solid waste facility; provided, however, that receipts shall not be required during periods of substantiated vacations in which a residence is not occupied. Receipts shall have been issued during that calendar year for which exemption is requested and at intervals no greater than seven days.

(b)

Business occupancies: Generally, the same requirements as specified for residential occupancies, above, with the following exception: The City Manager may, at his or her discretion or upon recommendation of the County Health Officer, require a greater number of disposal receipts, issued at lesser intervals than specified above, should the nature of the business in question demand more frequent disposal.

(c)

Applications for exemption shall be filed in writing with the City no later than January 1st of each year for approval or disapproval by the City Manager or his or her designee. Subsequent applications by the same occupant shall be accompanied by proof of disposal during the preceding year, as required above.

(d)

Notwithstanding the foregoing, beginning January 1, 2022, Generators may comply with Section 8.68.580 for self hauling of recyclable materials and Organic Waste. Self-hauling of Gray Container Waste shall remain in accordance with this section.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Any occupant of a residential unit in the City may request exemption from payment for mandatory collection services on grounds of economic hardship. For purposes of this section, "economic hardship" shall mean inability to pay, based on a combined family income falling at or below poverty level in the calendar year preceding that in which exemption is requested. Eligibility for exemption shall be determined based on most recent figures for Income at Poverty Level by Family Size published by the U.S. Bureau of Census. All requests for exemption shall be accompanied by such certification of income deemed appropriate by the City Manager and shall be decided by the City Manager or his or her designee. No person contracting for special collection services pursuant to Section 8.68.080 herein, shall be exempt from payment for such services.

(Ord. No. 2021-1506, § 1, 10-26-2021)

It shall be unlawful for any person to collect refuse within the City unless such person is under written contract with the City to perform collection services or is exempted as outlined in subsections (1), (2), (3), (4), (5), (6) and (7) of this section. It is further unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection of refuse with any person not a Contractor as defined herein, except as permitted in subsections (1), (2), (3), (4), (5), (6), and (7) of this section.

(1)

Subcontractors to the Contractor may perform such collection services as are approved in writing by the City Manager or this designee.

(2)

The occupant of any premises may remove garbage and combustible or noncombustible rubbish accumulated on premises owned, occupied or controlled by the person and may dispose of the same in a lawful manner in accordance with Section 8.68.090 and, beginning on January 1, 2022, with Municipal Code Section 8.68.580. Except as provided in Section 8.68.090 herein, exercise of this right shall not exempt such person from payment of the mandatory refuse collection fee due the contractor as provided for under terms of this chapter.

(3)

The collection and removal of lawn clippings, shrub and tree trimmings and other vegetative matter by individual residents and by persons doing business as professional landscapers, when such activity is directly related to their work, shall be exempt from provisions of this section.

(4)

The Contractor shall not be required to collect hazardous wastes as part of regular collection activity. Liquid and dry caustics, acids, biohazards, flammable or explosive materials, insecticides and similar hazardous wastes shall be handled and disposed of under separate agreement between customer and contractor or a designated subcontractor approved by the City, under arrangements made with the City and in accord with provisions of the California Health and Safety Code and all other applicable laws and regulations. Such agreements shall be exempt from the provisions of this section.

(5)

The Contractor shall not be required to collect infectious medical waste, as defined in Section 25117.5 of the California Health and Safety Code. Institutions producing and storing such wastes and any person handling or disposing of such material shall do so only in the manner approved by the County Health Officer or their designee and in accord with provisions of the California Health and Safety Code. Such activity shall be exempt from the provision of this section.

(6)

Individual residents and City recognized nonprofit organizations may collect recyclable materials such as, but not limited to, glass, newspaper, aluminum, and cardboard or transport to a City approved or City recognized recycling center, subject to the following restrictions:

(a)

Collection of recyclables by residents shall be limited to premises owned, occupied or controlled by such persons.

(b)

This provision shall not apply to recyclable building materials generated by the repair, demolition or construction of buildings, the rights to collection of which shall remain with the Contractor or designated subcontractor.

(7)

Residential and Commercial generators in compliance with Sections 8.68.090 and/or 8.68.580.

(Ord. No. 2021-1506, § 1, 10-26-2021)

When there is in force a franchise granted by the City pursuant to this chapter, any refuse container placed within the boundaries of the City in violation of Section 8.68.110 shall be deemed a nuisance. The City Manager or his or her designee shall have the authority to cause the abatement thereof in accordance with the procedure prescribed in this section. When the City Council has granted a franchise pursuant to this chapter, such franchisee shall be the City Manager's designee for purposes of causing the abatement of such nuisance and shall be authorized to enter upon private property or public property, in a manner consistent with the United States and California Constitutions, to cause the abatement of such nuisance. Upon notification to the City Manager of a violation of this section, franchisee may, at franchisee's option, remove any refuse container placed within the boundaries of the City in violation of this section, dispose of the contents thereof, and store the refuse container at franchisee's place of business. Franchisee shall promptly mail written notice of its actions to the owner of the refuse container and advise how the owner may recover the refuse container. Franchisee may bill the owner of the refuse container for transportation and disposal costs, and daily impound fees, as prescribed in the rate schedule established from time to time by resolution of the City Council. All amounts due to the franchisee for transportation, disposal, and storage shall be paid in full before the owner may recover the refuse container. If the owner does not recover the refuse container within 60 days of the date of the notice of abatement, the refuse container shall be determined to be abandoned, at which time it shall become property of the franchisee. The action abating the nuisance may be appealed by the filing of a written notice of appeal in the office of the City Manager within ten days of the date of written notice thereof. The City Manager shall set the time and place for the hearing of the appeal that shall be within 20 days of the notice of appeal. The decision of the City Manager or his or her designee shall be final. The remedies provided in this Section 8.68.115 for breach of the prohibition against unauthorized refuse containers are cumulative and non-exclusive in nature, and may be exercised in addition to those set forth in Section 8.68.480, below. The indemnification provisions of Section 8.68.260 shall extend to the abatement process.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Residential Occupancies.

(1)

Residential Solid Waste. Contractor shall provide at least one (1) gray container for the storage of solid waste, excluding recyclable materials, green waste, and beginning January 1, 2022, organic waste. Contractor may provide up to three (3) additional containers and will charge a service fee each additional cart.

(2)

Residential Recyclables. Contractor shall provide one (1) blue container per dwelling unit for the storage and disposal of recyclable materials. Contractor may provide up to three (3) cats for no additional charges.

(3)

Residential Green Waste. Contractor shall provide one (1) green waste container per dwelling unit for the storage of green waste or organic material waste.

(b)

Commercial and Multi-Family Dwelling Occupancies. Contractor shall provide carts, bins, or containers adequate to accommodate the waste generated at each location and comply with all relevant state and federal rules and regulations for solid and organic waste, recyclables, and green waste.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The following volume/weight restrictions shall apply to refuse and refuse containers placed for collection by the Contractor:

(a)

Residential occupancies:

(1)

Volume and weight of refuse generated from within a residential unit: No limit;

(2)

Volume of refuse generated outside a residential unit: One 96 gallon gray refuse cart, one to three 64 gallon recycling carts, and one to three 96 gallon organic waste carts.

(b)

Business Occupancies and Residential Occupancies Involving Use of Common Receptacles: Refuse set out, and containers used by all such occupancies shall conform to the maximum volume/weight limitations established by the Contractor.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

The removal of wearing apparel, bedding or other refuse from homes, hospitals or other places where highly infectious or contagious diseases have prevailed, shall be performed at the occupants expense under the supervision and direction of the County Health Officer and such refuse shall neither be placed in refuse containers nor left for regular collection and disposal.

(b)

Highly flammable or explosive or radioactive refuse shall not be placed in containers or receptacles for regular collection and disposal, but shall be removed under the supervision of the Fire Protection District at the expense of the owner or possessor of the material.

(c)

Hazardous wastes as defined herein, shall neither be placed in refuse containers nor left for regular collection and disposal. Such items shall be removed at the occupant's expense only after arrangements have been made with the City or its agent for such removal.

(d)

Garbage or other refuse containing water or other liquids shall be drained before being place in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or receptacle.

(e)

Animal wastes, as herein defined, shall not be placed in containers, or receptacles for regular collection and disposal, but shall be removed at the occupant's expense.

(f)

Brush, tree trimmings, cardboard boxes and similar combustible materials placed for collection shall be tied securely in bundles weighing not more than 50 pounds each and not over four feet in length and 18 inches in diameter. Uncontainerized yard trimmings will not be collected.

(Ord. No. 2021-1506, § 1, 10-26-2021)

It shall be the duty of all occupants to set out gray, blue, and green containers as follows:

(a)

Location. Residential occupancies: All refuse containers shall be placed at the curb on the nearest public street fronting the premises occupied by the person depositing the same, there to be collected by the Contractor; provided that the Contractor may designate some other location for the placement of containers when such placement will expedite collection; provided that placement of containers at such alternative location shall not result in a hindrance to vehicle movement nor constitute a visual nuisance.

(b)

Restrictions on Time of Placement. It shall be unlawful to place or permit to remain any refuse containers on the curbings, parkways or sidewalks of any public street before 6:00 p.m. on the day prior to collection, or after 6:00 p.m. on the day of collection, after materials have been removed or collected.

(c)

Generally. All occupants shall maintain supervision and surveillance over refuse containers on their premises and shall maintain the same in a sanitary manner. Should containers be placed for collection as required above and not be emptied on the date scheduled by the Contractor, the occupant should immediately notify the contractor, whose duty it shall be to arrange for the collection and disposal of such refuse forthwith.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Residential Occupancies: When not placed at the curb or another Contractor-designated location for collection, all waste containers shall be stored, with lids securely closed, in one or more of the following locations:

(1)

Within a covered carport or enclosed garage; or

(2)

Within a required side or rear yard setback screened from surrounding view by a solid, view-obscuring fence meeting all applicable requirements of the Zoning Ordinance.

(b)

Business Occupancies: When not being serviced by the Contractor, all waste containers shall be stored, with lids securely closed, as follows:

(1)

Bins and Dumpsters: Within a gated, masonry enclosure conforming to all applicable requirements of the Zoning Ordinance.

(2)

Commercial Cans: Behind a solid, view-obscuring fence or another Contractor-approved location screened from surrounding view and meeting fire code requirements.

(c)

Alternative Storage Arrangements: In the case of a space constraint or physical obstruction which precludes storage of waste receptacles in the manner prescribed by subsection (a) or (b), above, the City Manager or his or her designee may, in consultation with the Contractor and building occupant, approve an alternative arrangement which achieves, to the maximum extent feasible, the goal of this section that waste receptacles be screened from view when not being serviced. Such alternatives may include, but are not limited to, the use of a smaller waste receptacle provided by Contractor, landscape screens and other measures.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

No person shall collect, remove, transport, or carry refuse over the public streets of the City except in vehicles having a metallic-lined, watertight body.

(b)

Generators self-hauling organic waste in accordance with Section 8.68.580 shall not be in violation of this section.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

When not actually collecting refuse, the body of the vehicle used to collect such material shall be covered with a tight-fitting tarpaulin or other suitable covering to eliminate offensive odors, flies, leakage or loss of refuse.

(b)

Generators self-hauling organic waste in accordance with Section 8.68.580 shall not be in violation of this section.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

It shall be unlawful for anyone other than the Contractor pursuant to this article or those persons as specifically permitted herein to carry or transport refuse in any manner or amount within the City or on or through any public street in the City.

(b)

Generators self-hauling organic waste in accordance with Section 8.68.580 shall not be in violation of this section.

(Ord. No. 2021-1506, § 1, 10-26-2021)

It shall be unlawful for any person to place in any refuse container for collection, operable hypodermic needles, drugs, poisons or any infectious waste material, liquid or dry caustics or acids, biohazardous, radioactive, flammable, or explosive materials, insecticides or any other hazardous wastes as defined herein. Such materials may be collected only by the Contractor, their subcontractor or as provided in Section 8.68.110 herein, and in the manner specified in Section 8.68.140 herein.

(Ord. No. 2021-1506, § 1, 10-26-2021)

It shall be unlawful for any person to permit the accumulation or refuse to become or remain offensive, unsightly, unsafe to the public health or hazardous from fire.

(Ord. No. 2021-1506, § 1, 10-26-2021)

No person shall interfere with or disturb any refuse container, or remove the same from where it has been placed for collection by its owner without having a written contract with the City to collect and dispose of refuse.

(Ord. No. 2021-1506, § 1, 10-26-2021)

It shall be unlawful for any person, other than the owner thereof, the owner's agent, the City, the Contractor or such other person or firm as the City may authorize, by permit or contract, to remove or tamper with containers, or the contents of containers, set out for the collection of recyclable materials.

(Ord. No. 2021-1506, § 1, 10-26-2021)

No person, including the Contractor, shall place, sweep, spill or permit refuse to fall upon any private grounds or public streets within the City.

(Ord. No. 2021-1506, § 1, 10-26-2021)

No person shall leave trucks or other transport loaded with refuse parked for over a 24-hour period on City streets.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

Contracts or franchise agreements executed to provide for garbage and refuse disposal shall conform with the terms of this chapter.

(b)

Provisions of this chapter shall not preempt or negate terms of the franchise agreement for refuse collection and disposal services currently existing between the City and the contractor, unless such provisions of this chapter specifically conflict with terms of said agreement. All terms of the franchise agreement not in specific conflict with this chapter are saved from repeal and are continued in full force and effect.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The City Council shall have the power to let contracts for the removal, transportation and disposal of refuse as provided herein, and may, as a condition of granting said contracts, require a bond from any contractor, the amount of which shall be determined by the City Attorney and set forth in the franchise agreement.

(Ord. No. 2021-1506, § 1, 10-26-2021)

Any Contractor shall indemnify the City, its officers and its employees against all claims, demands, actions, suits and proceedings resulting from the actions or operations of the Contractor under terms of the franchise agreement. The Contractor shall file with the City Clerk, certificates of liability insurance, property damage insurance, workers compensation insurance, or other instrument(s) acceptable to the City Attorney and required by the franchise agreement.

(Ord. No. 2021-1506, § 1, 10-26-2021)

In letting contracts authorized by this article, the City Council shall not be required to let contracts to the lowest bidder, but shall be free to let such contracts to the person deemed best fitted to comply with the terms of this chapter and the contract.

(Ord. No. 2021-1506, § 1, 10-26-2021)

Should a Contractor fail or refuse to comply with the conditions of this chapter and of his contract to remove, transport and dispose of refuse after the Contractor has been given written notice of such non-compliance but the City Manager and the Contractor has further been given 30 days to correct such deficiencies, the City Council may, at its option and after a hearing, of which said Contractor shall have ten days' written notice, terminate the contract and let the contract to another person.

(Ord. No. 2021-1506, § 1, 10-26-2021)

No assignment or transfer of any right conferred by contract shall be made in whole or in part by the contractor without the express written consent of the City. Should any assignment or transfer be authorized by the City Council, the assignee shall assume the liability and such other obligations of the contractor as may be related to the service performed.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The Contractor shall exercise all reasonable care and diligence in collecting refuse to prevent spilling, scattering or dropping or refuse, and shall at the time of occurrence, clean up any spillage.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The Contractor shall dispose of collected refuse, at Contractor's expense, at a County authorized solid waste facility in a manner satisfactory to the City and in accord with all State and local laws and regulations.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The contractor shall without charge, collect refuse from City controlled public parks, playgrounds and City government buildings from the receptacles in which the same is confined, on a service frequency and day(s) of collection to be determined by the City Manager.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The contractor shall participate with the City in any annual clean-up activity upon request of the City Manager as may be necessary to supplement the City's available manpower and equipment resources, and shall otherwise cooperate with the City Manager in resolving special disposal-related problems.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The contractor's trucks shall comply with the regulations as set forth in the California Motor Vehicle Code, all other applicable California codes, and this chapter.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The Contractor shall operate in such a manner as to comply with all applicable local and State laws and regulations pertaining to the collection, storage, and transportation of refuse. The Contractor shall also comply with all other ordinances and regulations of the City and applicable laws and regulations of the City and applicable laws and regulations of the County of San Diego and State of California, and shall obtain and keep in force all required permits and business licenses.

(Ord. No. 2021-1506, § 1, 10-26-2021)

In the event of nonpayment for collection service rendered to any person, the contractor shall continue to provide such service, subject to reimbursement as provided in Section 8.68.410(e) herein. This section shall not apply to special collection services.

(Ord. No. 2021-1506, § 1, 10-26-2021)

For the refuse collection services described in this chapter, and for the making available of such services, there shall be charged to each residential unit and place of business, the sums necessary to cover the costs of such services, as such sums may be established by Franchisee and approved by City Council from time to time by written resolution. Resolutions approving charges shall be placed on file with the City Clerk's Office.

(Ord. No. 2021-1506, § 1, 10-26-2021)

All charges provided for in this article shall be fair, reasonable and consistent with the scope of services rendered by the Contractor, as described and required by this chapter.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The obligation to pay the charges provided in this article shall be upon the legal owner or owners of the residential unit or business so served. Nothing in this section however, shall prevent an arrangement or the continuance of an arrangement under which payments for refuse collection services are made by a tenant or tenants, or any agent, on behalf of the owner; provided, any such arrangement shall not affect the legal owner's obligation for payment of said charges for services rendered.

(Ord. No. 2021-1506, § 1, 10-26-2021)

All charges billed for refuse collection services, shall be paid directly to the Contractor.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

An account shall be deemed delinquent if payment for collection services has not been received within 15 days after the last day of the normal billing period for which service was rendered. Upon determination of delinquency, the Contractor shall give written notice to the delinquent account holder that the bill is now overdue and payable in full and shall attempt to collect payment through all available means, within 30 days of the date of such notice.

(b)

Provided adequate arrangements for payment have not been made between the contractor and delinquent account holder within 60 days of the end of the earliest unpaid billing period the Contractor may assign the total unpaid bill amount to the City Manager for collection. The assignment shall provide all pertinent data including the name and address of the legal owner billed, address and parcel number of the property billed, dates of the period of service unpaid, amount due, and certification that the billing procedures pursuant to subsection (a) above, have been fulfilled.

(c)

The delinquent bill presented by the contractor to the owner pursuant to subsection (a) above, shall include a written notice warning that nonpayment within 60 days of the end of the earliest unpaid period may result in assignment of the debt to the City for collection, may include collection charges and may result in the recordation of a lien against the property to which service was rendered.

(d)

Upon receipt of assignment of the debt, the City Manager shall advise the debtor in writing of the assignment that a minimum fee of ten percent of the bill amount is imposed in all collection cases filed with the City, that an additional $25.00 lien fee will be charged in all cases where the filing of a lien with the County Auditor is necessitated, and that 30 days notice is given to permit payment of the debt to the City to avoid payment of the lien fee and to avoid a special assessment against said property in the amount of all aforesaid fees and charges.

(e)

Originally billed amounts which are collected by the City shall be paid to the Contractor on a quarterly basis. All fees and lien charges collected shall be retained by the City.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

The City Manager may initiate proceedings to make delinquent refuse collection service fees and collection charges a special assessment against properties for which such debts were assigned to the City for collection.

(b)

Once a year, a report of delinquent charges, i.e., charges which remain unpaid 60 or more days after the date upon which they were billed, shall be transmitted to the City Council, which shall fix a time, date and place for hearing the report and any protests or objections thereto.

(c)

The City Council shall cause notice of hearing to be mailed to the owner of real property to which service was rendered not less than ten days prior to the date of hearing. At the time fixed for said hearing, the City Council shall hear any objections of the owner liable to be assessed for delinquent accounts. The City Council may make such revisions to the report as it may deem just and if satisfied with the correctness of the report as submitted or revised shall confirm or reject it by resolution. The decision of the City Council on the report and on all protests or objections thereto shall be final and conclusive.

(d)

Upon confirmation of the report by the City Council the delinquent charges contained therein shall constitute a special assessment against the property and are a lien on the property for the amount of such delinquent charges. A certified copy of the report as confirmed by resolution of the City Council shall be filed with the County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the Office of the County Recorder, of a certified copy of the City Council Resolution confirming the reports. The assessment shall be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and procedure of sale as provided for delinquent, ordinary real property taxes.

(e)

There is hereby created in the general fund an account entitled "Property Owners Delinquencies for Refuse Collection Service." This account shall be funded from refuse services franchise fees and shall be credited with such delinquencies as are collected by the County Tax Collector or otherwise collected for release of lien remitted to the City. The City will in turn, debit the account for payment to the contractor of delinquencies collected exclusive of fees and charges imposed by the City. Collection fees and charges imposed by the City shall be cleared to the general revenue account.

(Ord. No. 2021-1506, § 1, 10-26-2021)

(a)

The City Manager shall have authority to administer the contract which provides for the collection and removal of refuse and shall approve routes and days for such activities, as proposed by the Contractor in accord with provisions of this chapter.

(b)

The City Manager shall have the authority to act on behalf of the City to effect changes in routes and days of collection in cooperation with the Contractor, contingent upon notice to all affected thereby, in a manner deemed most appropriate by the Manager.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The City Manager is hereby authorized and empowered to negotiate and settle any charge required or made under this chapter or out of contract between the City and any contractor or any other person.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The type and construction of vehicles transporting or carrying refuse over public streets and the method of hauling refuse in vehicles shall be subject to the regulation and approval of the City Manager.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The City Manager or his or her designee shall have the authority to make other reasonable rules and regulations concerning individual collection, transportation and disposal of refuse over City streets by the refuse contractor and private persons, as shall be found necessary, subject in each instance, to the right of appeal from any order of the City Manager to the City Council whose determination and judgment shall be final.

(Ord. No. 2021-1506, § 1, 10-26-2021)

The City Manager or his other designee is hereby authorized and empowered to notify the owner, their authorized representative or the lawful occupant of any premises described herein, of violations of this chapter, and of the corrective steps necessary to conform to this chapter. Notice shall be given in writing and may be made to any person held responsible under this section by certified mail or hand delivery.

(Ord. No. 2021-1506, § 1, 10-26-2021)