Chapter 8.12 SOLID WASTE

"Abatement cost" means any and all expenses, costs and fees expended by the City or its designee in removing, enjoining or terminating a public nuisance or violation, as well as any damage to persons or property caused by the public nuisance or violation.

"Alley" means any public space or thoroughfare twenty (20) feet or less in width which has been dedicated or granted for public use.

"City" means the City of Winslow.

"City Manager" means the manager appointed by the Winslow City Council.

"Commercial container" means any solid waste or recycling container used by a commercial establishment.

"Commercial establishment" means any public or private place, building or enterprise utilized for the conduct of business or industrial enterprise, but not to include any residential establishments.

"Commercial heavy waste" means dirt, rock, concrete, carpet, tile, glass, wet or heavy green waste from landscapers, plaster, asphalt, roofing materials, large panes of glass/mirrors, heavy metals, and any other heavy waste material produced by a commercial establishment.

"Commercial noncollectible items" means tires, paint, motor oil, gasoline, car parts and batteries, propane tanks, computer parts, medical waste, liquid waste, and any other dangerous or hazardous waste.

"Commercial solid waste" means all acceptable garbage and trash generated by commercial establishments except hazardous wastes and commercial noncollectible items.

"Community Environmental Services Manager" means the City employee appointed by the City Manager to supervise City environmental services under the Director of Utilities and Environmental Services.

"Construction waste and demolition debris" means dirt, rock, concrete, construction and demolition debris, lumber, railroad ties, rolls of carpeting, large panes of glass/mirrors, plaster, asphalt, and roofing materials.

"Contain" means to place refuse in a puncture resistant bag or box, or bundle and stack uncontained items in an appropriate manner so as to aid in the collection process.

"Container" means any receptacles used for the collection of refuse or recyclable materials and as approved by the Public Works Director. This shall include thirty-eight (38), sixty-five (65), seventy (70), ninety-six (96) and three hundred (300) gallon containers; four (4), six (6) and eight (8) cubic-yard front loaders; ten (10), fifteen (15), twenty-five (25) and forty (40) cubic-yard roll-offs; and cubic yard compactors less than thirty-one (31), thirty-one (31) to forty (40), and more than forty (40) cubic yards.

"Contamination" means materials that are placed in a solid waste container, including but not limited to, hazardous waste and residential/commercial noncollectibles, or other materials that are not designated as recyclables.

"Contractor" means a person, persons or corporate establishment engaged in the business of collecting, hauling or transporting commercial solid waste or special material in the City for disposal or any other purpose.

"Director of Utilities and Environmental Services" means the director appointed by the City Manager to supervise the Department of Utilities and Environmental Services.

"Domestic animal waste" means feces or discarded bedding or flooring materials such as straw, sawdust, or other materials from yards, pens, corrals, stables or other containment from domestic animals or permitted wild animals weighing less than one hundred fifty (150) pounds.

"Fence" means any barrier erected, installed or planted to mark the boundaries of any lot or parcel of land and made of posts and wire, boards or similar materials or formed by a dense row of shrubs or trees.

"Freestanding wall" means any masonry barrier erected or constructed to mark the boundaries of any lot or parcel of land and made of masonry, concrete or similar materials and standing alone on its own foundation free of supporting frame or attachment.

"Garbage" means all putrescible solid wastes, except sewage and body wastes, including all organic wastes that have been prepared for or intended to be used as food or have resulted from the preparation of food, including all such substances from all public and private establishments and residences.

"Green waste" means brush, tree trimmings, grass, leaves or similar landscaping or plant material of an organic nature.

"Hazardous wastes" means all wastes that are hazardous by reason of their pathological, explosive, flammable, radiological or toxic nature, including, but not limited to, all wastes defined as hazardous by ARS 49-921.

"Imminent health or safety hazard" means any condition of real property, refuse or recycling container that places life, health, safety or property in high risk of peril when such condition is immediate, impending or menacing.

"Industrial solid waste" means any solid waste as defined in this section produced as a result of any industrial operations.

"Injunctive relief" means a court order temporarily or permanently enjoining any person or establishment from committing any act in violation of this chapter. Injunctive relief is in addition to all penalties and other remedies prescribed in this section.

"Landscaper" means any person or establishment who is in the business or profession of gardening or improving the appearance of land by planting or trimming trees, shrubs, grass, or other vegetation, or altering the contours of the ground.

"Liquid waste" means any waste material in the form of a liquid or that produces a liquid at any time, including but not limited to, grease, oil or food. This shall not include domestic sewage or hazardous waste materials.

"Livestock waste" means feces or discarded bedding or flooring materials such as straw, sawdust, or other materials from yards, pens, corrals, stables or other containment from livestock and fowl, including cattle, horses, pigs, chickens or other domestic or permitted wild animals weighing over one hundred fifty (150) pounds.

"Material recovery facility (MRF)" means any location designated as a drop-off location for recyclables.

"Medical waste" means any solid or liquid waste generated in the diagnosis, treatment, testing or immunization of a human being or animal, or in any research relating to the diagnosis, treatment or immunization, or in the production or testing of biologicals, including but not limited to, medical sharps and biohazardous medical waste.

"Nonparticipant" means a residential or commercial customer within any area of the City where the City recycling program is in effect who is not participating in the recycling program, either by choice or by action of the City.

"Notice of violation (NOV)" means a form notifying a responsible party of a violation of this chapter with reasonable specificity, the date and time of the violation, a deadline for compliance if applicable, and the right to a hearing to contest said violation.

"Public nuisance" means anything which is injurious or obnoxious to health or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons, or which obstructs the free passage or use, in the customary manner, of any street, alley, sidewalk or public property.

"Public Works Director" means the Director of the Public Works Department or designee.

"Putrescible solid waste" means solid waste which is capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors or gases and capable of providing food for or attracting birds, insects, snakes, rodents or other animals capable of transferring a diseased bacterium or virus from one organism to another.

"Recyclables" means any solid waste as designated by the City from time to time, that has been separated from other solid waste for the purpose of being collected and recycled.

"Recycling container" means any container, whether operated for profit or not, where the public is asked to bring any materials to be donated or left to be recycled, reclaimed, processed or reused, including, but not limited to, newspapers, bottles, metal cans, and used clothing and furniture.

"Refuse" means any garbage, trash and collectible contained items.

"Residential container" means any solid waste and recycling container used by a residential establishment.

"Residential contractor" means the contractor contracted by City to perform residential refuse collection.

"Residential establishment" means any structure or premises used as a domicile, dwelling, or habitation, including residential single-unit dwellings, residential multi-unit dwellings, duplexes, patio homes, mobile home parks, trailer courts, rooming houses, boarding houses, assisted living facilities, apartments, condominiums, townhouses, combination residential and commercial structures, or any complex of the foregoing.

"Residential multi-unit dwelling" means a domicile, dwelling or habitation, including a rental dwelling, that contains more than one (1) complete living space, duplex, mobile home park, trailer court, rooming house, boarding house, assisted living facility, apartment, condominium, townhouse, combination residential and commercial structure or any combination of the foregoing. However, this shall not include a residential facility pursuant to ARS 36-582.

"Residential noncollectible items" means dirt, rock, concrete, bricks, asphalt, roofing material, plaster, construction and demolition debris, lumber, railroad ties, rolls of carpeting, tires, paint, car parts, motor oil, gasoline, household/hazardous chemicals, car batteries, propane tanks, computer parts, large panes of glass/mirrors or any other dangerous or hazardous materials.

"Residential single-unit dwelling" means a building or structure or any parts thereof, used as a residence by one (1) or more persons, including a domicile or habitation that contains only one (1) complete living space. It also includes a residential rental dwelling unit and residential facility, pursuant to ARS 9-1301(10) and 36-582B.

"Responsible party" means an occupant, lessor, lessee, manager, licensee, owner or other person having control over a structure or parcel of land. Also, in the event that remediation of property is required, any lien holder whose lien interest is recorded in the official records of the Navajo County Recorder’s office relating to said property.

"Sanitary container" means a container that does not have uncontained putrescible waste, an odor detectible within ten (10) feet with lid closed emanating from it, or vectors populating within it.

"Scavenge" means to collect by searching and removing solid waste items, including any items inside or around a container, public right-of-way or solid waste facility.

"Sharps" means objects such as syringes, needles and lancets that are used for insulin intake, blood samples or for other medical purposes.

"Solid waste" means any refuse, green waste, liquid waste, medical waste, domestic animal waste, and other discarded material, including solid, liquid, semisolid or contained gaseous material or sludge, but not including domestic sewage or hazardous wastes.

"Solid waste containers" means any refuse or recycling container, for either residential or commercial use.

"Solid waste fee" means any fee associated with solid waste services provided by the City as established by City Council ordinance.

"Special collection" means solid waste collection service provided by the City for collectible items only, over and above the usual level, including Freon-containing white goods. Associated fees are established by the City Council.

"Tare weight" means empty weight of vehicle with driver.

"Transfer station" means the City-owned transfer station located adjacent to the City waste water treatment plant.

"Trash" means combustibles such as paper, wood, yard trimmings or brush and noncombustibles, including metal and glass.

"Uncontained items" means all large trimmings from trees and shrubbery, furniture, major appliances (excluding white goods), mattresses and other acceptable materials that are too large to be deposited into containers, that are generated by a residential single-unit dwelling within the City.

"Waste" means material of any kind that constitutes solid waste, refuse, animal or livestock waste, or medical waste. Waste includes abandoned or unidentified personal property left unattended on public sidewalks and rights-of-way or other public areas.

"Waste transport vehicle" means a motorized vehicle used by a contractor to transport solid waste.

"Weight-based service" means a fee charged for collection or disposal services based on weight of the load, less the tare weight, as established by City Council resolution (see Appendix A attached to the ordinance codified in this chapter).

"White goods" means manufactured appliance items containing or previously containing Freon such as refrigerators, air conditioners or freezers.

"Wildcat dumping" means the illegal dumping of solid waste. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.020 Residential Solid Waste Collection and Disposal

The collection and disposal of residential solid waste within the City shall be subject to the exclusive control of the City. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.021 Commercial Solid Waste Collection and Disposal

The collection of commercial solid waste shall be through a licensed commercial hauler. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.025 Solid Waste Collection Generally

A. All residential solid waste accumulated in the City shall be collected, conveyed and disposed of by the City or its designated contractor except as herein provided. Every residential user shall arrange with the City for sufficient refuse collection to accommodate refuse being produced at any residential establishment.

B. No person shall collect, convey over any of the streets or alleys of the City, or dispose of any solid waste accumulated in the City except as herein provided.

C. The City Manager will have the authority to make regulations concerning the days of collection, type and location of pickup, and conveyance and disposal of refuse, and to change and revoke the same, subject to review and approval of the City Council.

D. Commercial solid waste shall be collected and disposed of by contract between the commercial user and a licensed contractor. Every commercial user shall contract with a licensed contractor for sufficient collection and disposal services to accommodate refuse being produced at any commercial establishment in the City.

E. This chapter shall not prohibit the actual producers of solid waste or the owners of premises upon which solid waste has accumulated from personally collecting, conveying and disposing of such solid waste, provided such solid waste is not routinely generated, and provided such producers or owners comply with the provisions of this chapter and with any other governing law or ordinance; and provided further, that such actual producers shall not be exempt from the payment of solid waste collection and disposal fees unless otherwise specifically provided herein.

F. All solid waste except heavy objects or prohibited solid waste, as defined in this chapter, must be containerized in the appropriate container provided by the contractor for the use of the residential user or commercial user in question.

G. All solid waste containers for residential and commercial users shall be provided by the contractor and no other receptacles may be used other than by specific agreement with the City.

H. All residential and commercial users shall comply with the rules and regulations established by the City for the use, care and location of solid waste containers and shall keep the lids and covers furnished for such containers closed at all times except when they are being filled or emptied. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.026 Solid Waste Collection and Regulation

A. All commercial and residential users shall be required to ensure access to all solid waste containers and to place such solid waste containers as directed by the City wherever reasonably possible. All roll-out solid waste containers shall be placed as indicated above on the days designated for collection of such solid waste and shall be removed from such location following the collection.

B. On a quarterly basis, the contractor will collect any solid waste that cannot be containerized, but can be removed by two (2) men, for residential customers only.

C. Size and Dimension. All solid waste including grass and tree clippings, leaves and cut weeds shall be placed in the container provided by the City or contractor and shall be reduced in size to no more than four (4) inches in diameter and no more than four (4) feet in length. No items in excess of these dimensions or weighing more than fifty (50) pounds shall be placed in the containers provided by the contractor. Heavy items will be picked up by the contractor on a quarterly basis so long as they are in compliance with all other provisions of this code.

D. Prohibited Solid Waste. The following items of solid waste shall not be placed in the containers provided by the contractor, and the producers of such solid waste will be required to individually contract with the contractor for the disposal of such solid waste: poisons, acids, caustics, chemicals, explosives, waste contaminated by infectious diseases, radioactive waste, dead animals, rocks, sand, dirt, bricks and building materials. The Humane Services Manager will remove dead animals. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.030 Construction Sites and Transportation of Materials

A. All persons having secured a building permit from the City shall, prior to the start of any construction activity, furnish or place on those premises a container or fenced area of suitable size and design to contain all refuse which may be disturbed or removed from the premises by the wind or elements.

B. No person shall allow solid waste of any kind to be blown or be carried from the premises for which the building permit was secured.

C. Persons or entities in subsection A of this section who obtained a proper building permit for new commercial construction must contract for collection of the construction solid waste with a licensed contractor.

D. The City shall not be responsible for the collecting or hauling of building material solid waste originating from the private residential property preliminary to, during or subsequent to the construction of new buildings, alterations or additions to existing buildings of whatsoever type or from demolition of existing structures. Such solid waste materials shall be removed by the residential owner as set out above or by the construction contractor. No new certificate of occupancy shall be issued until such solid waste has been completely removed by the owner or construction contractor. Such material shall be removed and disposed of in the designated landfill as provided herein. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.035 Transportation of Solid Waste

Any vehicle used to transport solid waste of any type must have suitable covers to prevent the loss of contents on property or roadways and shall be subject to inspection by the City. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.040 Ownership of Solid Waste

Ownership of residential solid waste set out for collection shall be vested in the City. Solid waste is owned by contractor beginning at time of collection. The City may designate the use of disposal facility for residential solid waste disposal. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.045 Responsibility of Owner or Occupant of Premises

The owner of any premises as well as the occupant or occupants thereof shall be subject to the terms of this chapter and liable for violations hereof. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.050 Residential/Commercial Services

A. Residential Services. All residential users as defined herein shall be billed on a monthly basis by the City. Residential collection shall be twice a week unless otherwise agreed to by the user and the City. Fees are on file with the City Clerk.

B. Commercial Service. Commercial users, as defined herein, shall be required to contract with a licensed commercial refuse contractor.

C. Special Services. Any commercial user seeking additional services for construction solid waste, for remodeling solid waste, for solid waste not routinely generated, or for solid waste which is otherwise prohibited to be disposed of under this code, shall contract with a licensed contractor for the hauling of solid waste at a rate mutually negotiated for the hauling of such solid waste.

D. All owners or occupants of residential or commercial premises in the City are required to receive solid waste collection, removal, and disposal service and to pay the fee for such services whether utilized by such owner or occupant or not.

E. The fees for residential services are assessed against the properties within the City receiving or benefiting from such solid waste collection service; and if such fees are not paid, then such amount assessed shall be a lien upon the property receiving or benefiting from such service and shall be collectible as provided by law.

F. Solid waste waivers may be granted when water service is disconnected. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.052 Transportation System Use License and Fees

A. All companies/persons conducting a solid waste or recycling collection or transportation business within the Winslow City limits, which places collection containers within the City streets or alleys, or uses the City streets or alleys to access collection containers for the relevant business activity, shall, before beginning operations, secure a transportation system use license from the Director of Utilities and Environmental Services.

B. The Director of Utilities and Environmental Services shall provide application forms for the transportation system use license and maintain all information provided in said applications for public use.

C. The Council shall establish a fee for the issuance of a transportation system use license by separate ordinance.

D. The transportation system use license shall be issued annually. The annual reissuance of the license shall require compliance with all provisions of this chapter.

E. Each license holder shall provide to the City Director of Utilities and Environmental Services a monthly report of total cash receipts collected for services provided within the City of Winslow in a form approved by the City Finance Director. The license fee set by Council shall be established monthly and is due and payable by the last day of the month following the report.

F. All licensed companies/persons conducting a solid waste/recycling collection or transportation business within the City shall make available to the City, upon request, all basic records, or other documents necessary for determination of accuracy of reports provided pursuant to this section.

G. The contractor’s application shall include the name, business and residence addresses of all owners, partners, general managers and principal officers, as well as business references and such other information as deemed necessary.

H. Any license granted for solid waste services shall be nontransferable and may be suspended or cancelled upon failure or refusal of a licensee to comply with the provisions of this chapter and after notice and hearing respecting the same. The term of the license shall be for the calendar year commencing January 1st and ending December 31st. Application for renewal shall be made at least thirty (30) days prior to expiration of a valid license. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.053 Insurance and Performance Bond Required of Contractors

In order to obtain a license for collection and disposal of recycled materials or solid waste within the City, contractors shall obtain, keep in force and maintain public liability and property damage insurance in the sum of one million dollars ($1,000,000) for personal injury to any one (1) person, one million dollars ($1,000,000) for personal injuries sustained by all persons in any one (1) accident and five hundred thousand dollars ($500,000) with respect to property damage arising from any single occurrence, to indemnify the contractor for loss by virtue of any disability arising from his collection, hauling and disposal activities within the City. The City will be named as co-insured. Evidence of such insurance shall be furnished to the City at the time of license application and at the time of any renewal. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.054 Vehicle Requirements

All vehicles used for solid waste or recycled materials collection within the City must be inspected and approved by the City and meet the following requirements:

A. All vehicles must be in good condition and repair. The bodies shall be of readily cleanable construction, watertight and metal-lined to the full width and height of the body, with all seams welded;

B. Vehicles shall be maintained and operated in a clean and neat manner so as to prevent solid waste from spilling, leaking and blowing. All vehicles shall have enclosed bodies;

C. The outside of each vehicle must be clearly identified by the name and telephone number of the contractor operating the vehicle; and

D. Any open-top roll-off container must have a cover which prevents solid waste or contents from spilling or flowing onto the roadway. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.060 Residential Solid Waste Regulations

A. Residential solid waste is owned and controlled by the City of Winslow at the point of collection. Residential and commercial solid waste producers are responsible for trash spillage prior to pickup by the solid waste contractor.

B. If your residential collection day falls on New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, solid waste will be picked up on the day following the holiday.

C. Solid waste left outside contractor-provided containers will not be picked up.

D. Heavy construction debris is not permitted in residential containers.

E. Residential Transfer Station Operation. Residential solid waste producers may use the City transfer station for the following: general residential trash, yard debris, tree and shrub clippings, spring and fall cleanups, disposal of appliances, disposal of old furniture and mattress disposal, and are not to be used for major remodeling, tree removal, roof replacement, concrete or asphalt disposal, home construction, dirt removal, fence replacement and hazardous waste.

F. Residential bulky waste picked up quarterly means large and small household appliances, furniture, tires, carpet, mattresses and similar large items of solid waste which cannot be contained within a standard container. All gases must be removed from refrigerators.

G. Construction waste, as defined, when appropriate, will be picked up by the commercial licensed contractor. "Construction and demolition waste" means solid waste generated, produced or discarded in connection with construction, demolition, landscaping or general clean-up activities within the City, including, without limitation, concrete, plaster, drywall, wood scraps, metals, dirt, rock and rubble.

H. Medical waste is not allowed in residential containers provided by the City contractor. "Medical waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens, including, without limitation, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs and any waste which includes animal wastes or parts from slaughterhouses or rendering plants.

I. Christmas trees are to be taken to the transfer station for disposal if they cannot be placed in container.

J. Hours of Service. No collections from any residential premises before six a.m. or later than six p.m.

K. Solid waste containers are owned by the contractor. Residential container maintenance is the responsibility of residential users. Commercial container maintenance conditions are the responsibility of the commercial user. Damaged residential containers will be replaced by the City contractor unless damage is caused by negligence of user.

L. The City shall designate the type, size and other specific physical requirements for residential and commercial containers. Solid waste will not be collected from containers which do not conform to City requirements. The City contractor and all other commercial licensed contractors, after emptying any container, will replace the container in an upright position at the place where such container was placed for collection. All contractors will handle containers in a manner so as to prevent damage or spillage. All contractors are responsible for the general maintenance and repair of bulk containers provided by them and shall institute and maintain an effective program to repair, steam clean and repaint all such containers (metal only) once each year. All contractors, within fifteen (15) working days of notice to do so from the City, shall repair or replace any damaged or dilapidated container provided by the contractor. The City will establish the collection location for all containers. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.065 Community Containers

Solid waste bins placed on private property for commercial and private use are for the sole use of persons contracting for that service with the City or another licensed contractor. Wildcat dumping is prohibited. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.080 Property Maintenance

A. It is unlawful for any person to fail to maintain residential or commercial real property under his/her control, in a clean manner, free from garbage, trash and waste, including but not limited to solid waste, contamination, garbage, remodeling and demolition debris, hazardous materials and recyclables.

B. It is unlawful for any person to fail to maintain areas adjacent or abutting to property under his control, including alleys, public walkways, public streets and rights-of-way, free from garbage, trash and waste, including but not limited to, solid waste, contamination, garbage, hazardous materials, recyclables and commercial and residential noncollectible items.

C. It is unlawful for any person to interfere with the Director of Utilities and Environmental Services, or agents thereof, while the City is administering or enforcing this chapter. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

Article II. Administration and Enforcement

8.12.100 Administration and Enforcement

A. The Director of Utilities and Environmental Services is assigned the primary responsibility for administering and enforcing this chapter and is granted the authority expressly and impliedly needed and necessary for enforcement. The Director of Utilities and Environmental Services may designate agents to exercise administrative and enforcement powers as provided in this chapter.

B. Nothing in this chapter shall preclude City employees from seeking voluntary compliance with the provisions of this chapter through notices to comply, warnings, or other informal devices designed to achieve compliance in the most efficient and effective manner under the circumstances.

C. The authority of the City to enforce provisions of this chapter is independent of and in addition to the authority of City officials to enforce the provisions of any other ordinances of the City.

D. It is unlawful and constitutes a Class 3 misdemeanor to violate any provision of this chapter unless otherwise provided herein. The failure to comply with any requirement of this chapter constitutes a violation of this chapter. Each instance of a violation of this chapter may be considered a separate offense and enforced and prosecuted accordingly. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.110 Violations and Penalties

A. If a violation under this chapter occurs, the Director of Utilities and Environmental Services or designee thereof has the authority to issue a notice of violation ("NOV"). The NOV may be issued in any of the following ways:

1. Hand-delivered to any person at the address where the violation occurred or by personal service upon the owner, resident, occupant, tenant or other responsible person;

2. Posted in a conspicuous location upon the real property where the violation occurred, or property adjacent to or abutting the location of the violation; or

3. Mailed to the address where the violation occurred via certified mail with return receipt requested.

B. The NOV shall contain the date and location of the violation, reference to the City code provision or ordinance violated, and notice that the violation must be remedied within a specified time.

C. Upon receipt of NOV, the violation must be remedied within the following time frame:

1. As directed in writing in the NOV by the Director of Utilities and Environmental Services or designee thereof depending on the severity of the violation, but in no event shall such time exceed thirty (30) days; or

2. Immediately if the violation poses an imminent health or safety hazard.

D. The City may correct or abate the condition constituting a violation at any time on or following the date stated in the NOV. In addition, should the violation constitute or escalate to an imminent health or safety hazard as determined by the City, or in the event of repeated violations as set forth herein, the City may immediately abate the condition.

E. Any person in violation of any of the provisions of this chapter will be charged for all abatement costs incurred, whether performed by the City or its designee. Such abatement costs shall be paid to the City within thirty (30) days of notice of the cost. Failure to pay for the costs of abatement shall constitute a Class 3 misdemeanor. Such unpaid amount shall also constitute a lien against the property in question. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.140 Penalties for Leaving Uncontained Items at Curb or Alley More Than Forty-Eight (48) Hours after Notice to Remove

A. Upon notification by the Director of Utilities and Environmental Services or designee, a resident, owner or occupant shall have forty-eight (48) hours after the date of the notice to remove items placed for collection that do not conform to the requirements of this chapter. Failure to remove items as required herein shall be a criminal violation, punishable as set forth in this chapter. In lieu of proceeding under this chapter, the City may correct or abate the condition described in the notice. The responsible party will be charged for all costs incurred in correcting the condition. These costs will include personnel, equipment and disposal.

B. If in the opinion of the Director of Utilities and Environmental Services the items placed for collection constitute an imminent health or safety hazard, the City may immediately abate the hazard without notice. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

Article III. Containers

8.12.160 Containers–Use Required–Capacity–Exception For Certain Trash

No owner, tenant, lessee or occupant of any public or private establishment or residence shall permit to accumulate upon his/her premises any garbage except in tightly covered, portable containers of rust-resistant metal, rubber, plastic or other similar material meeting the approval of the Director of Utilities and Environmental Services. These containers may be privately owned but are not for use by a commercial waste hauler. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.165 Containers–To Be Kept Sanitary and in Repair–Replacement

A. Residential and commercial garbage and recycling containers shall be kept in good repair by the contractor and shall be steam washed inside and out as required but not less than one (1) time per year. Containers will be replaced when found to be no longer serviceable through disrepair.

B. Containers found to be no longer serviceable through disrepair or maintained in an unsanitary condition shall be condemned for further use. Legal notice of such condemnation shall consist of a label or tag affixed to the unsatisfactory container. Containers not repaired or cleaned within ten (10) days shall be removed by the contractor. All customers shall maintain the area surrounding the garbage containers free from garbage and other health hazards. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.170 Containers–Placement for Collection–Removal after Collection

A. All residential solid waste containers (garbage and recycling) shall be placed in the street immediately adjoined to the front curb, unless otherwise designated by the Director of Utilities and Environmental Services, in an easily accessible manner. No container may be placed on the public sidewalk.

B. All containers must be placed in such a manner that the lids open toward the street in order to facilitate proper dumping of the container by the waste transport vehicles.

C. Containers shall be placed for collection no earlier than six p.m. on the day preceding the scheduled collection day. Containers must be removed from the curb no later than eight p.m. on the day of collection. This subsection shall not apply to containers placed permanently at the front curb with permission of the City. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.175 Containers–Tampering with, Removing Prohibited

A. No person shall uncover or cause to be uncovered, tip over or cause to be tipped over or damage or deface in any manner any container or garbage legally placed for removal.

B. Each garbage and recycling container shall be assigned to the property and not to the occupant of the property. No person who occupies any property to which the container has been assigned may remove the container from the assigned property for any reason. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.180 Containers for Establishments Shall Be Supplied by the Contractor

A. Garbage containers, roll-offs and compactors shall be supplied by the contractor. All containers, roll-offs and compactors shall be painted and maintained in a clean, neat and sanitary manner at all times and shall have the name and phone number of the contractor identified legibly thereon.

B. Both residential and commercial establishments shall maintain enough containers to accommodate the solid waste disposal needs of the establishment as determined by the Director of Utilities and Environmental Services.

C. All commercial solid waste shall be placed in standard garbage containers or compactors which shall be placed in inconspicuous places determined by the Director of Utilities and Environmental Services. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

Article IV. Commercial Collection

8.12.190 Hours of Commercial Collection–Failure of Contractor to Collect Solid Waste–Notice of Violation of Chapter

A. Commercial solid waste shall not be removed from commercial or industrial property that is within five hundred (500) feet of residential development between the hours of six p.m. and six a.m.

B. Solid waste shall not be allowed to collect on any property except in containers as set out in this chapter. The contractor shall, within eight (8) working hours of a telephoned request by the City, service containers at specified locations. Should the contractor fail to respond to the above request and the City elects to empty the containers and otherwise collect the solid waste, the contractor shall reimburse the City at double the rates established by the contractor for commercial collection and disposal. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.195 Notice of Intent to Commence or Terminate Service to Commercial Establishments

The contractor shall provide the City with written notice of intent to service any new or existing commercial establishment prior to commencing service, including the name and address of the commercial establishment, the ownership, number and size of standard garbage containers and the days of collection. The contractor shall provide the City and the commercial establishment with thirty (30) days’ written notice before discontinuance of service. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

Article V. Solid Waste Disposal

8.12.200 Prohibited Disposal

A. Any solid waste which does not comply with the provisions of this chapter will not be collected and will subject the owner or occupant of the property, or the owner or occupant of abutting property in the case of noncomplying solid waste in the right-of-way, to penalties for violation of the City code.

B. The following shall not be placed in a residential or commercial container or in any right-of-way, or curbside:

1. Hazardous wastes;

2. Septic tank or cesspool pumpings and similar liquid waste with the exception of semi-liquid waste from City sewer cleaning equipment; or

3. Dirt, rock, construction or demolition material, or similar materials.

C. Any person who is in the business of trimming trees, shrubs or brush for compensation shall be solely responsible for disposal of all brush, tree trimmings, grass, leaves or similar landscaping or plant material generated in connection with such activity and shall not place such items for collection on any right-of-way or on curbside or in residential container.

D. Residents shall not place uncontained items at curb or alley more than twenty-four (24) hours prior to the scheduled collection day. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.205 Containment and Disposal Requirements

A. Collection of Garbage. All garbage must be placed in the designated container unless otherwise properly handled as uncontained items as provided in this chapter.

B. Garbage, etc., to Be Placed in Bags. All garbage, grass clippings, leaves, and similar material shall be placed in plastic bags or other watertight containers and securely sealed prior to placement in a container or prior to being placed for collection.

C. Special Collections of Uncontained Items. Residents desiring collection on a schedule other than the contractor’s regular schedule, or residents desiring collection which is over and above the level of service provided in this chapter, shall call the contractor for commercial service. The resident shall pay for the additional service at the rate set by the City Council.

D. Animal Waste. Waste from animals or pets shall be placed in a bag, securely sealed and placed in the regular garbage containers for disposal. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.210 Disposal of Refuse on Public or Private Property

No person shall place or cause to be placed any solid waste or other materials upon any public or private property within the City except as specifically permitted in this chapter or at sites designated by the Director of Utilities and Environmental Services. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.215 Burning Garbage

No person may burn or attempt to burn garbage within the City limits without prior written permission from the Winslow Fire Chief. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.220 Building Contractors to Leave Areas Clean

All building owners and contractors shall, upon the completion of construction (including remodeling), remove at their sole cost and expense all trash of every nature, description or kind which has resulted from the building or remodeling of such structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.225 Accumulating Combustible Rubbish–Haystacks

No person shall place upon or permit to remain upon any roof or in any court, yard, vacant lot, alleyway or open space any accumulation of wastepaper, waste hay, grass, straw, weeds, litter or combustible or inflammable waste or rubbish of any kind. All weeds, grass, vines and other growth which endanger property or are flammable shall be cut down and removed by the owner or occupant of the property. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.230 Dead Animals

Dead dogs, cats and other animals weighing less than seventy-five (75) pounds shall be placed in plastic bags or other plastic containers and will be picked up and disposed of upon call to the Humane Services Manager, subject to the relevant fee. Dead animals shall not be placed in garbage containers. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

Article VI. Fees

8.12.240 Collection Fees Generally

A. Whenever residential garbage and trash collection services are needed, the charges for such service shall be established by City Council ordinance and payable monthly.

B. In the event that any customer shall fail to pay for garbage and trash services as provided in this chapter, the City is authorized to discontinue water service or other City services to the property until such time as payment is made.

C. Charges for garbage and trash service to newly constructed structures shall commence upon final inspection and approval of such structures by the City Building Inspector or once the property requires service, whichever first occurs. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.245 Collection and Fees for Areas Outside City

A. Residential solid waste services may be rendered to areas outside the City at the option of the City and subject to termination at any time.

B. The fee for collection in such areas shall be two (2) times the fee for similar service rendered within the City. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

Article VII. Recycling Containers

8.12.250 Permits Required

It shall be unlawful for any person, firm or corporation to maintain a recycling container within the City without having first obtained a City permit. Recycling containers placed by licensed waste collection contractors are exempt from this section. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.255 Application

A. Applications for recycling container permits shall be made to the Director of Utilities and Environmental Services on a form provided by the Director. The application shall include the following information:

1. The name and address of the owner or operator and a telephone number where the owner or operator or an agent of the owner or operator can be reached;

2. The location, size and type of proposed recycling container; and

3. A copy of an insurance certificate for not less than one million dollars ($1,000,000) property and liability coverage naming the City as a co-insured.

B. The application shall be accompanied by a written statement from the owner of the property describing where the container is to be placed and granting permission for the container placement. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.260 Recycling Containers

A. Each recycling container shall have a firmly closing lid and have a capacity of not less than three (3) cubic yards and not greater than six (6) cubic yards. The container shall be constructed of painted metal, rubber, plastic or alternate material with written approval of the Director of Utilities and Environmental Services.

B. Containers shall be clearly marked to identify the materials requested to be left for recycling, the name of the operator or owner of the recycling container, and a telephone number where the owner, operator or agent of the owner or operator may be reached at any time. The size of the sign or markings on any side of the container shall not exceed twenty-five (25) percent of the total area of the same side of the container.

C. The exterior color of the container shall be a solid color approved by the Director of Utilities and Environmental Services.

D. No container shall identify a religious or nonprofit corporation without the written permission of such religious or nonprofit corporation; said permission must be submitted at the time application is made for a recycling container permit. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.265 Litter and Trash Prohibited

No person shall place any materials in any recycling container except the materials named on the outside of the container. No person shall leave any materials outside of a container. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)

8.12.270 Violations

Any violation of this chapter shall constitute a Class 3 misdemeanor unless otherwise indicated. Each day of such violation shall constitute a separate violation. (Ord. 1224 (part), 2014: Ord. 1138 (part), 2010)