Chapter 8.05
GARBAGE, REFUSE AND SOLID WASTE
Sections:
Article I. Solid Waste Pickup Service
8.05.010 Mandatory pickup service.
Article II. Refuse
8.05.020 Refuse in buildings or on property.
Article III. Rubbish, Weeds, Trash and Dead Trees
8.05.050 Rubbish, weed, trash and dead tree removal from private property.
8.05.060 Removal by city upon failure of owner – Costs.
Cross-reference: See also DCC 13.10.010.
Article I. Solid Waste Pickup Service
8.05.010 Mandatory pickup service.
This section requires all occupied businesses and residential properties located in the city to have mandatory solid waste pickup service as provided by a solid waste service provider selected by the city. The terms of service, including cost, billing, materials accepted, what constitutes a customer and other matters, shall be governed by agreement with the franchise solid waste service provider. Recycling of materials is encouraged, but is also subject to said franchise agreement. Selection of the franchise holder and approval of the agreement may be made by resolution. [Ord. 176, 2005.]
Article II. Refuse
8.05.020 Refuse in buildings or on property.
No person shall permit or suffer to be in or accumulate in or upon any yard, lot, place or premises or in any building or shed owned or occupied by him or them or for which he or they may be agents within the limits of the city any refuse, trash, rubbish, vegetable decay or decaying substance, garbage or filth of any kind, nor suffer such yard, lot, place, building or premises to be or to remain in such condition as is unsightly or to cause or create a nuisance or offensive smell or to pollute or render unhealthful the atmosphere or the premises or thereby to be, become, cause or create a public nuisance. [Ord. 36 § 1, 1967.]
8.05.030 Failure to comply.
Whenever a situation or condition in or on a premises advances to a state deemed unhealthful or unsanitary by a city official, or determined to be in violation of this article, the city clerk shall notify such occupant or owner to remove the same within 10 days following the date of notice. In default of this being done, the city may remove the same and the cost thereof shall be assessed against the premises or property so cleaned or cleared, such assessment to be certified by the city clerk to the county assessor and tax collector, who shall place the same upon the tax roll for collection as a special tax in addition to the taxes for general revenue purposes, and he shall collect the same in the manner and subject to the same penalties as other city taxes. [Ord. 36 § 2, 1967.]
8.05.040 Violation – Penalty.
Any person convicted of a violation of this article shall be guilty of a misdemeanor and shall be punished by a fine in a sum not to exceed $100.00 or confined in the city or county jail for not more than 30 days or punished by both such fine and imprisonment. [Ord. 36 § 3, 1967.]
Article III. Rubbish, Weeds, Trash and Dead Trees
8.05.050 Rubbish, weed, trash and dead tree removal from private property.
The owners, tenants or occupants of all private property within the corporate limits of Donnelly, Idaho, shall remove all rubbish, weeds, trash and dead trees from such private property and the parking within the curbing abutting the same within 24 hours after the occurrence of any such condition. [Ord. 39 § 1, 1968.]
8.05.060 Removal by city upon failure of owner – Costs.
In the event of the failure of such owner, tenant or occupant to comply with the terms of this article, the city may cause to be removed such rubbish, trash, weeds and dead trees from such private property and parking within the curb abutting the same, and assess the cost thereof against such private property.
In such event the city clerk shall certify such assessment to the tax collector of Valley County, Idaho, and such assessment shall be placed by the tax collector of Valley County, Idaho, on the tax rolls and collected in the same manner as are other municipal taxes collected, pursuant to Idaho Code, Section 50-1008. [Ord. 39 § 2, 1968.]