§ 27-471. Time of container placement.

(a)

Prohibited hours. Approved bulk garbage or bulk recycling containers placed near the curb or alley shall be placed there no earlier than 7:00 p.m. of the evening preceding the collection day and must be removed to a point at the side or rear of the structure not later than the later of 7:00 p.m. of the day of collection or when the container has been emptied.

(b)

Collection time. All approved bulk garbage or bulk recycling containers that must be placed near the curb or alley for collection must be so placed prior to 7:00 a.m. on the day of collection. If the container is not so placed by 7:00 a.m., it will not be collected once the truck has completed that area.

(c)

City initiated backyard service. Any customer, owner or occupant, who is in violation of subsection (a) of this section is subject to the City taking corrective action by removing the container used by that customer from near the curb or alley and placing it at the side or rear of the structure. If a violation of subsection (a) of this section is observed by the City and the City takes such corrective action, the City shall send to the customer, by U.S. mail, a notice alerting the customer to the fact of the violation, the corrective action taken by the City and the fact that if three such violations occur within a six-month period the customer shall be subject to and be charged for City initiated backyard service. A summary copy of the provisions of this notice shall also be affixed to the container at the time it is removed from near the curb or alley.

If three or more violations of subsection (a) of this section occur with the City taking corrective action as provided this subsection (c), within a six-month period, the City may at the time of the third or later violation amend the required notice to indicate that backyard service is being initiated for that customer and the customer will be charged for that service beginning with that customer's next regular billing cycle. Once initiated by the City in this manner, the customer shall be required to continue the backyard service unless and until the customer can demonstrate an ability to ensure compliance with subsection (a) of this section.

(d)

Appeal process. Any customer can appeal, to the POD, the City initiated imposition of backyard service. If the customer can show good cause why the customer should not be held accountable for violations of subsection (a) of this section that have occurred and why violations are unlikely to occur again, the POD may relieve the customer of the requirement for backyard service. The POD may require the customer to demonstrate an ability to ensure compliance with subsection (a) of this section in the future.

(e)

Deposit may be required. In subsections (c) and (d) of this section where a customer is required to show an ability to ensure compliance with subsection (a) of this section, the City may require a sufficient deposit which can summarily be applied to the City's costs of removing the container from the curb and placing it near the residence in the event of a future violation of subsection (a) of this section.

(f)

Supplemental. The procedures contained in subsections (c), (d), and (e) of this section are supplemental to any other remedies the City may have with respect to a violation of subsection (a) of this section.

(Code 1973, § 17-49; Code 1992, § 27-283; Ord. No. 248-G, § 7, 10-3-1996; Ord. No. 142-H, § 6, 11-24-2014)