Chapter 8.20 SOLID WASTE MANAGEMENT

Following due investigation and thorough review of the needs of this city with respect to a program of solid waste management by this council, which review and investigation included a review of present practices within the city and those of adjoining communities and the local metropolitan area, staff review and research and input from those professionally involved with the administrative enforcement and development of solid waste management programs, this council does here determine and declare it to be in the public interests of the city of Fairview and does, by this chapter, establish a solid waste management program for the city of Fairview to ensure safe, economical and comprehensive solid waste collection and disposal service for the city, to ensure that rates and charges for such service are just, fair and adequate to provide necessary public service on a uniform and nondiscriminatory basis, to promote technologically and economically feasible resource recovery and recycling, and to provide administrative rules and regulations pertinent thereto to ensure the development and maintenance of such programs to the optimum degree possible. (Ord. 6-2002 § 1)

8.20.030 Definitions.

A. “Agreement” or “collection license agreement” means the current agreement to provide collection of solid waste, recyclable materials and yard debris between the city and a licensee.

B. “Allowable expenses” includes all reasonable costs incurred by licensee(s) associated with the provision of solid waste, recyclable material(s) and yard debris collection services required by the terms of this chapter and all other applicable laws, regulations or orders as now exist or as they hereafter may be amended. Allowable expenses shall be presumed reasonable if, in the context of overall cost for a licensee, such expenses are comparable with the expenses incurred by a preponderance of similarly situated solid waste, recyclable materials and yard debris collection companies in the Portland metropolitan area. Allowable expenses shall include, but not be limited to, the following:

1. Costs associated with the disposal and/or processing of all materials (including recyclables) collected as required by this chapter, including the costs of marketing materials to secondary markets, and all applicable fees;

2. All labor costs, directly or indirectly associated with and necessary to the provision of services required by this chapter, including costs associated with all contracts and collective bargaining agreements, supervisory labor, workers’ compensation and benefits including health care, pension, and payroll taxes;

3. All vehicle, equipment, container, and asset costs (including timely replacement, depreciation and interest expenses), lease costs (of an amount no greater than those that would be charged by an independent third party to provide substantially equivalent equipment), vehicle registration fees, motor fuel, oil, tires, reasonably necessary repairs and maintenance for all such vehicles and equipment to provide the services defined in this chapter;

4. Performance bond(s) and liability insurance premium(s) in the amounts of coverage required by the city;

5. All administrative, management cost(s) and expense(s) allocated to the services required under this chapter including (but not limited to) reasonable compensation, management fee(s), and benefit(s) for officers and employees, payroll taxes, administrative staff, data processing, billing, rent and supplies; provided, that there shall be included in allowable expenses only that portion of management fees and officer and employee compensation and benefits that are comparable to prevailing industry standards at solid waste, recyclable materials and yard debris collection companies in the Portland metropolitan area that are similar in size and operation to licensee(s) and there shall be excluded from allowable expenses only that portion of management fees, compensation and benefits paid by the licensees that are in excess of such levels;

6. Utilities;

7. Training and worker safety;

8. Marketing, promotion and public education costs preapproved by the city;

9. Interest costs on the purchase of equipment or facilities, or loans for working capital but not interest costs which are otherwise an unallowable expense as defined in this section;

10. Property, equipment or facility rental or lease costs; provided, that with respect to any lease entered by a licensee with a “related party,” the lease costs under such lease shall only be included in allowable expenses to the extent that such lease costs do not exceed those that would be charged by an independent third party to provide the substantially equivalent property, equipment or facilities;

11. Costs for collecting and maintaining information directly and specifically required by this chapter, as well as the costs of preparing, producing and printing all reports and information required under this chapter (including the fees and expenses of accountants and other outside advisors), and all costs and expenses of participating in, complying with or otherwise being subject to the accounting and regulatory processes associated with or required by this chapter;

12. Any expense incurred in the collection, handling, processing, storing, transporting, marketing, or sale or other disposition of recyclable materials and any expense incurred in connection with education, promotion and notice of the opportunity to recycle; and

13. Any other expense determined by the city and the licensees to be reasonable and necessary to the provision of the services required under this chapter, and agreed to in advance and in writing.

Allowable expenses as defined above may be provided by affiliates of, or related parties to, a licensee; provided, that they do not exceed the market rate charged by third parties for similar services. If an expense of a licensee is questioned by the city, that licensee must submit proof that the expense is reasonable.

C. “Bulky wastes” means large items of solid waste such as appliances, furniture, large auto parts, trees, branches greater than four inches in diameter and 36 inches in length, stumps and other wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

D. “Business” means any entity of one or more person, corporate or otherwise, engaged in commercial, professional, charitable, political, industrial, educational, or other activity that is nonresidential in nature, including public bodies.

E. “Business recycling service customer” means any person who enters into a service agreement with a waste hauler or recycler for business recycling services.

F. “City” means the city of Fairview, Oregon.

G. “Collection or collection service” means all or any part of the activities involved in collecting and transporting solid waste, recyclable materials or yard debris to an appropriate disposal or recycling facility.

H. “Collection license” means a license granted by the city authorizing a person to provide collection service within the city and to use city streets for such purpose.

I. Collection License Agreement. See “Agreement.”

J. “Collector” means the person or entity who provides collection service.

K. “Compactor” means any power-driven mechanical equipment designed for the containment and compaction of solid waste, recyclable materials or yard debris.

L. “Compensation” means: (1) any type of consideration paid for service, including, but not limited to, rent, membership fees, proceeds from resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants, members or similar persons; or (2) the exchange of service between persons.

M. “Construction and demolition debris” means used or discarded construction materials removed from a premises during construction, demolition or renovation of a structure (where a city permit has been issued).

N. “Curbside” means a location within three feet of the edge of a public street, excluding such area separated from the street by a fence or enclosure. The “street” may be a public alley if the licensee desires to pick up receptacles from the alley. For residences on a flag lot, or other private driveway, or any private street not meeting the above standards, “curbside” shall be the point where the driveway or private street intersects the public street, or at such other location agreed upon between the licensee and customer or as determined by the city.

O. “Customer” means those generators of solid waste, recyclable materials or yard debris to whom a licensee or registration holder provides collection service.

P. “Depot” means a facility for transferring containerized solid waste, recyclable materials or yard debris from one mode of transportation to another, including a place for receiving source-separated recyclable material.

Q. “Drop box” means a single container designed for the storage and collection of large volumes of solid waste, recyclable materials or yard debris materials that is 10 cubic yards or larger in size.

R. “Fair market value” means the cash price (or its equivalent in terms of savings on collection and disposal fees) that is at least equal to the cost of collection and disposal of a recyclable material or group of recyclable materials that would be purchased or exchanged between the collector of said recyclable material or group of recyclable materials and the generator of said recyclable material or group of recyclable material. Collection includes type, frequency, condition and extent of collection service, together with the education and promotion for said service.

S. “Fair market value exemption” means the exemption set forth under ORS 459A.075 wherein a source-separated recyclable material must be purchased from the generator or exchanged between the generator and the licensee with a measurable savings in solid waste collection or disposal cost to the generator resulting, in order to qualify for the exemption.

T. “Force majeure” means acts of God, fire, landslides, lightning, storms, floods, freezing, earthquakes, epidemics, volcanic eruptions, riots, civil disturbances, strikes, lockouts, or other industrial disturbances, acts of the public enemy, wars, blockades, embargoes, or acts of civil or military authority, breakage, explosions or accident to machines or other materials, pipelines or materials, governmental restraint, unavailability of a disposal site and any other event which could not with reasonable diligence be controlled or prevented by the party affected by the event.

U. “Generator” means a person who last uses a material and makes it available for disposal or recycling.

V. “Gross revenue” means the gross receipts derived by a licensee from fees collected from customers for solid waste, recyclable materials and yard debris collection services and other services provided in their service area under their agreement, together with net receipts from the sale of recyclable materials.

W. “Hazardous waste” is the meaning defined in ORS 466.005(7) (or any successor thereto) and/or solid waste that is required to be accompanied by a written manifest or shipping document describing the waste as “hazardous waste” or “dangerous waste,” pursuant to any state or federal law, and regulations promulgated thereunder. Hazardous waste shall not include incidental household hazardous waste or small quantity generator waste which is commingled with solid waste.

X. “Household hazardous waste” means any discarded, useless or unwanted chemical, material, substance, or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households. Household hazardous waste includes, but is not limited to, some cleaners, solvents, pesticides, and automotive and paint products.

Y. “Licensee” means a person granted a collection license by the city in accordance with the terms of this chapter.

Z. “Medical and infectious waste” is the meaning assigned thereto in ORS 439.386 and OAR 340-93-030(42) and (52), and any successor provisions thereto.

AA. “Multifamily” means any multiple building or group of buildings that contains five or more dwelling units on a single tax lot.

BB. “Operating margin” means the before tax net profit which shall be calculated by the method defined as “return on revenues.”

CC. “Other solid waste” means solid waste materials including, but not limited to, white goods, bulky waste, tires, and medical and infectious waste.

DD. “Person” includes a natural person, firm, partnership, association, corporation or any other group or combination acting as a unit.

EE. “Placed for collection” means solid waste, recyclable materials or yard debris that have been placed by the generator for collection by a licensee in accordance with the terms of this chapter.

FF. “Processing” means an operation where collected, source-separated recyclable materials are sorted, graded, cleaned, identified or otherwise prepared for end use markets.

GG. “Rates” means the amounts of compensation paid by a customer for various levels of collection service of solid waste, recyclable materials and yard debris.

HH. “Receptacle” means a can, cart, container or drop box used by the customer to contain solid waste, recyclable materials or yard debris for collection service in accordance with the terms of this chapter.

II. “Recyclable materials” means newspaper, ferrous scrap metal, nonferrous scrap metal, used motor oil, corrugated cardboard and kraft paper, aluminum, container glass, high-grade office paper, tin/steel cans, yard debris, mixed scrap paper, plastic containers, milk jugs, phone books, magazines, and empty aerosol cans.

JJ. “Recycling” means the process of collecting, sorting, cleansing, treating or reconstituting recyclable materials which would otherwise be disposed of in a landfill and returning them to the economy in the form of raw materials for new, reused, or reconstituted products.

KK. Registration. See FMC 8.20.055, Recycling collection registration required, for definition.

LL. “Residential” means a single-family dwelling or a multifamily dwelling with up to and including four dwelling units on a single tax lot.

MM. “Return on revenues” means:

1. The sum of gross collection revenues from solid waste, recyclable materials and yard debris operations, plus any additional revenues from the sales of recyclable materials shall be added together;

2. The sum of allowable expenses shall be deducted from gross collection revenues;

3. This will give the before tax operating margin;

4. That operating margin shall be divided by the sum of gross revenue in subsection (MM)(1) of this section. This will give the before tax return on revenues. Expressed as a percentage, the return on revenues shall be approximately 10 percent of gross collection revenues, which is consistent with industry averages for solid waste, recyclable materials and yard debris collection companies.

NN. “Service area” means the geographic areas which are granted to each individual licensee by a collection license.

OO. “Service level” means any type of regulated service provided to customers as reflected in the rate schedule.

PP. “Solid waste” means all useless or discarded putrescible and nonputrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial industrial, demolition and construction materials, discarded or abandoned vehicles or parts thereof, discarded home appliances, manure, vegetable or animal solid or semisolid materials, dead animals and infectious waste, as defined in ORS 459.386. Solid waste does not include:

1. Materials defined as principal recyclable materials in OAR 340-90-070, and any others designated by the city, which have been correctly source-separated and placed for collection or taken to a depot by the generator;

2. Hazardous wastes as defined in ORS 466.005; and

3. Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals. (OAR 340-90-010(36))

QQ. “Source-separated recyclable materials” means any recyclable material separated from solid waste prior to collection.

RR. “Term” means the length of the agreement, as provided for in this chapter.

SS. “Unallowable expenses” shall include the following:

1. All charitable and political contributions;

2. Fines and penalties incurred by a licensee;

3. Payments for services provided by related parties to a licensee to the extent that such payments exceed the reasonable cost that would be charged by an independent third party to provide the substantially equivalent service;

4. Accruals for future unknown regulatory changes;

5. Costs associated with purchase of other companies including, but not limited to, employee stock ownership plan payments, goodwill, amortization of goodwill and premiums on key-person life insurance policies;

6. Principal or interest payments on the acquisition of solid waste, recyclable materials and yard debris collection routes; the purchase of equipment and facilities at a price that would be construed to include goodwill or a premium in excess of fair market value at the time of acquisition;

7. State and federal income taxes;

8. Attorney’s fees and related expenses resulting from:

a. Any judicial proceeding in which the city and a licensee are adverse parties, unless the licensee is the prevailing party;

b. Any judicial proceeding in which a licensee is ruled to be liable due to willful misconduct or gross negligence or in violation of law or regulation;

9. Any other expenses defined as “unallowable” and approved by the council.

TT. “Waste evaluation” means an evaluation completed by the city or a licensee of a business entity’s waste management practices, with the purpose of providing guidance to the business entity on effective means to reduce waste, increase recycling, and purchase recycled products.

UU. “White goods” means kitchen or other large appliances which are “bulky wastes” as defined herein.

VV. “Yard debris” means compostable materials including grass clippings, leaves, pruning and similar vegetative materials, but does not include sod, stumps or other similar bulky wood materials, rocks or dirt. (Ord. 1-2009 § 1 (Exh. A); Ord. 6-2002 § 1)

8.20.035 Solid waste license required.

Except as otherwise provided in this chapter, no person may collect or transport solid waste, recyclable materials or yard debris in the city without first obtaining a collection license. This does not apply to persons collecting or transporting their own solid waste, recyclable materials, or yard debris. (Ord. 6-2002 § 1)

8.20.040 Rules and regulations.

The city manager or designee may promulgate rules and regulations pertaining to the administration of this chapter and to the collection of solid waste, recyclable materials and yard debris. Copies of rules and regulations issued hereunder will be filed of record with the city recorder and be available for public inspection at all reasonable times. (Ord. 8-2021 § 1; Ord. 6-2002 § 1)

8.20.045 Current licensees.

A list of the companies currently licensed to collect solid waste, recyclable materials and yard debris within the city of Fairview is maintained by the city recorder. (Ord. 6-2002 § 1)

8.20.055 Recycling collection registration required.

A. Except for licensees operating in their designated service area or residential customers who self-haul their recyclable materials, any person wishing to collect recyclable materials in the city shall obtain a recycling collection license issued by the city recorder. To apply for a recycling collection license, a person must submit a completed application form, along with the application fee in an amount determined by the city and as set by council resolution.

B. A recycling collection license may be issued under the following conditions:

1. If the person is a civic, community, benevolent, charitable, or similar nonprofit organization, a recycling collection license registration will be issued at no charge.

2. If a person other than described in subsection (B)(1) of this section wishes to collect recyclable materials, the fee shall be in an amount determined by the city and set by the council resolution.

3. In order to obtain and maintain a license to collect recyclable materials within the city, a person shall only collect or transport recyclable materials source-separated by the generator for recycling or reuse and purchased or exchanged with the generator at fair market value.

C. Recycling collection licenses are issued for periods of no longer than one year. Approved license holders must abide by the following requirements or face revocation of their license:

1. License holders shall keep the city notified of all collection sites within city limits.

2. License holders shall provide quarterly reports to the city on tonnage collected at all collection sites.

3. Outside collection receptacles shall have a closed top with openings adequate to deposit material, be made of material approved by the city, and be generally maintained in good condition.

4. Outside collection receptacles shall have signage with legible, clean and reasonably sized print that can be read from a distance of at least 10 feet and states:

a. The name of the collection organization and phone number of the hauler; and

b. A list of accepted material along with preparation instructions located near the opening of the receptacle.

5. Registrants shall maintain outside collection site(s) so they are free of trash, and recyclable materials remain inside the collection receptacles.

D. The registrant shall comply with all of the requirements stated in the city’s recycling collection license application. (Ord. 6-2002 § 1)

8.20.060 Exemptions.

Licenses shall not be required of the following:

A. Any person transporting or disposing of solid waste products produced by himself so long as he complies with this chapter, other city ordinances, ORS Chapter 459 and appropriate rules and regulations adopted under any of the foregoing.

B. Federal or state agencies that collect, store, transport or dispose of solid waste, recyclable materials and yard debris or those who contract with such agencies to perform such collection service, but only insofar as the service is performed by or for such agencies. The city manager shall be notified of all such activities.

C. Any person from transporting solid waste, recyclable materials or yard debris through the city that is neither collected nor disposed of within the city.

D. Any person transporting or disposing of resource recovering sewage sludge, septic tank pumpings and cesspool pumpings or like effluents.

E. Dead livestock, vegetable and animal solid and semisolid fats and oils.

F. Hazardous waste.

G. Reusable beverage containers as defined by state statute.

H. Construction and demolition debris.

I. Solid waste, recyclable materials or yard debris that is produced as an incidental part of the regular carrying on of the business of a janitorial, landscaping, gardening, tree or rendering service, but a person shall not provide collection service for any accumulated solid waste generated by a customer.

J. Solid waste, recyclable materials or yard debris that are generated by a person and transported by that person to a disposal site or resource recovery facility. For residential properties of four or fewer living units, the solid waste, recyclable materials and yard debris generated by a tenant, licensee, occupant or any person other than the owner of a property, and transported by the owner of that property, are also exempt.

K. Collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity, including, but without limitation, Salvation Army, Goodwill, St. Vincent De Paul Society and similar groups.

L. Nonprofit charitable, benevolent or civic organizations from recycling wastes; provided, that such collection is not a regular or periodic business of such organization; provided, that license be first obtained for such activity from the city recorder, and that such license be valid for a period of not more than four weeks; and provided, that said organization shall notify, in advance of commencing such recycling collection, the licensee in the area in which such activity is to take place.

M. If a person (other than described above and other than a licensee) desires to collect recyclable material(s), a license may be issued if the city council determines that the material being collected is not material normally or customarily collected as part of the home or business recycling program, solid waste collection program, or that such collection will not be detrimental to the recycling program. A fee may be charged for such license as established by council resolution. All applicable provisions of this chapter shall apply to licenses granted under this subsection.

N. Nothing contained in this chapter shall require a licensee to store, collect or dispose of or deal with “hazardous waste” as defined by ORS Chapter 459. Nothing shall prohibit the city from withdrawing by amendment to this chapter certain solid waste services on the basis of the finding that such services are not necessary for the implementation of or the purposes of this chapter. (Ord. 8-2021 § 1; Ord. 6-2002 § 1)

8.20.065 Penalties.

Collecting or transporting solid waste, recyclable materials or yard debris without a license or registration shall be subject to civil penalty in an amount not to exceed $1,000 per day per violation.

In addition to any citation issued or other fines or penalties imposed, if the city manager reasonably believes that a vehicle or collection equipment, including receptacles, is used by a person to commit the offense of collecting solid waste, recyclable materials or yard debris without a license or registration, the vehicle may be towed or the equipment may be impounded without prior notice pursuant to FMC 10.05.020. (Ord. 8-2021 § 1; Ord. 6-2002 § 1)

8.20.070 Licensing and service areas.

A license to provide collection service for solid waste, recyclable materials and yard debris in any portion of the city shall be granted only after a council determination of need for the service. Normally, if one licensee exists, no other person shall be licensed to provide the same service in the same area; however, the determination of need is in the discretion of the city council that in making that determination shall place primary consideration upon the following objectives:

A. To provide the most effective service for the least cost;

B. To avoid duplication of service areas that will cause inefficiency in operation, excessive costs, unnecessary use of energy resources, increased traffic, and greater wear on streets;

C. To provide service to all properties, including those properties in areas of the city where full development has not yet occurred;

D. To give consideration to the licensee and the charges necessary for its service operation so as to promote an efficient operation providing the optimum level of quality service with modern equipment;

E. Cooperation with other governmental units to encourage the development of a high quality of solid waste management; and

F. To give consideration to the public interest and consideration to the future as well as the present needs of the community. (Ord. 6-2002 § 1)

8.20.080 Licenses.

A. Licenses for each service shall be granted by the council on the basis of:

1. Service record;

2. Financial status;

3. Adequate equipment and personnel capabilities to meet current and anticipated future needs; and

4. Good moral character related to collection.

B. At the time of the review, the council may choose to renew a person’s license. If the council determines consistent with the criteria set out in subsection A of this section a person who holds a license should no longer retain it, that person’s license shall not be renewed and the council may then consider application(s) for a license to serve the affected area from any interested person, and award a license for that area based on the criteria stated in subsection A of this section. The council shall also follow this procedure if a license is terminated prior to a scheduled review. (Ord. 6-2002 § 1)

8.20.090 Term of license.

Licenses in place at the time of council approval of the ordinance codified in this chapter expire on March 19, 2000. Council shall consider renewal of these licenses for a term of not more than 10 years. Licenses shall be reviewed by the city every five years and the city may require that conditions be attached to a license or modifications be enacted by a collection licensee, based upon said review. Any requirement for conditions to be attached to a license or for modification(s) to be enacted by a collection licensee shall be subject to the notification and hearing process set forth in FMC 8.20.155. Upon written application by the licensee at the time of the five-year review, the council shall determine whether to extend the license term for an additional five years and thereby restore the license term to a total of 10 years. The council shall make the determination within 120 days from the date of the written application by the licensee and the determination shall be based on the criteria set forth in FMC 8.20.070. If the council determines not to extend the license term for an additional five years, then the licensee shall continue to have the five years that is remaining on its 10-year license term. The council has the right to suspend, modify, or revoke a license in accordance with FMC 8.20.155. (Ord. 6-2002 § 1)

8.20.100 General provisions, indemnification, bond and insurance.

A. Licensees are subject to the exercise of the city’s police power and to such reasonable regulations as the city may, from time to time, provide by resolution, ordinance or regulation. The issuance of a license shall not be construed as a waiver of any local, state or federal law as now or hereinafter enacted, and such licensee shall be subject thereto, if applicable.

B. Bond. A licensee shall, concurrently with his acceptance of the license, file with the city recorder and maintain in full force and effect for the term of said license (or any renewal thereof), a corporate surety bond in an amount established by the council guaranteeing full and faithful performance by said licensee of the duties and obligations required by this chapter. Licensee’s bond shall be subject to review and approval by the city attorney; licensee shall furnish proof that the bond remains in effect annually to the city recorder or more often, upon request.

C. Indemnification. Licensee, by acceptance of license, agrees to hold harmless and indemnify the city from any loss, damage, penalty or other claim on account of or in connection with any activity of licensee in the operation of his solid waste, recyclable materials and yard debris collection business, including activity by any contract licensee. Licensee agrees further in the event suit shall be filed against the city either independently of or jointly with said licensee or its contract hauler for any loss, damage, penalty or claim, that licensee shall, upon notice to or by the city, accept the defense thereof and defend the city against any such action, and in the event of a final judgment being attained against the city, either independently or jointly with licensee or its contract hauler, that licensee will pay said judgment and all costs incurred, including any legal costs which the city may incur as required to protect its interests hereunder or enforce this provision, and to hold the city harmless therefrom.

D. Insurance. A licensee shall maintain, at all times, insurance in such form and with such companies as shall be approved by the city attorney, to cover licensee’s business operation, including each vehicle operated by it. Such insurance coverage shall provide for protection of not less than $1,000,000 for each person, or less than $500,000 for bodily injury due to each occurrence, and not less than $1,000,000 for property damage due to each occurrence. All insurance coverage shall provide for at least 30-day prior written notice to the city recorder in the event of material alteration or cancellation of any coverage afforded in said policies. The city shall be named as an additional insured on each policy required hereunder. Copies of all policies required hereunder shall be filed with the city recorder prior to the commencement of licensee’s operations or the expiration of prior policies, as the case may be. Licensee shall furnish proof annually or more often if required by the city, that such insurance remains in effect.

E. Nonwaiver. None of the provisions of this chapter including the provisions of this section providing for the posting of surety bond by licensee, for the attainment and maintenance of public liability and property damage insurance coverage by licensee, are to be construed to excuse performance by licensee or any of its obligations or to limit the licensee’s liability under this chapter or otherwise for damages resulting from licensee’s operations within the city. (Ord. 6-2002 § 1)

8.20.110 Subcontracts for service and transfer of licenses.

A. The licensee may subcontract with another person to provide service within its service area upon approval of the city given by council resolution; provided, that the subcontract does not amount in effect to a transfer of the collection license and the subcontracting party agrees to:

1. Abide by the provisions of this chapter.

2. In written application to the city, show how they will meet the four criteria applying to the current licensee as listed in FMC 8.20.080(A)(1) through (4).

B. Licensee shall not sell or exchange service accounts or alter service area boundaries except upon written approval of the city council. The council may consent to the transfer or sale if it determines that the transferee is qualified for a license pursuant to FMC 8.20.070 to 8.20.100, and the proposed transferee submits information addressing the criteria set out in writing in advance of such request. The council may require a transferee to pay a transfer fee established by council resolution. Such sale or transfer granted shall bind transferee to the provisions of this chapter. (Ord. 6-2002 § 1)

8.20.120 License fees.

For the privilege of being granted a license, using city streets and other facilities, and to defray the city’s regulatory and administrative expenses, each licensee shall pay to the city a fee equal to four percent of the gross receipts (less drop box disposal revenues, construction and demolition debris collection service revenues), and revenues from the sale of recyclable materials received by licensee from solid waste services conducted within the city. In addition, each licensee may be required to pay additional fees (or provide additional services) as approved by the council.

A. The fee shall be computed and collected on a quarterly basis – consisting of the three-month period ending each September 30th, December 31st, March 31st and June 30th, in each year the license is in effect. Fees shall be paid within 30 days of the end of each quarter.

B. At the time of payment of said fees, the licensee must file with the city recorder a sworn statement of quarterly gross receipts for the period covered by the tendered fee. Such statements shall be public records. Licensee shall maintain adequate books and records, disclosing the gross receipts resulting from the solid waste services conducted within the city and under the license, which books and records shall be open at reasonable times and places for audit and inspection by authorized city personnel or their representatives. The city may require a uniform system of bookkeeping and record keeping to be used by licensees.

C. Deliberate misrepresentation by licensee of gross receipts or failure to keep proper or appropriate books and records shall constitute cause for revocation of the license.

D. The licensee fee hereinabove set forth is in addition to any other fee or tax now or hereafter imposed by the city or any other governmental unit. (Ord. 6-2002 § 1)

8.20.135 Rates for collection service.

A. The city shall establish a rate schedule for all service levels for solid waste, recyclable materials and yard debris collection service to be provided by licensee(s).

B. Rates shall be adopted by resolution.

C. Rates shall be established to the greatest extent practicable on a cost of service basis.

D. Rates shall be adequate to cover allowable expenses and to provide the return on revenue as defined in this chapter, to allow investment in equipment and to ensure quality collection service.

E. The rates that may be charged by a licensee for collection service shall conform to the latest schedule on file with the city recorder. Any rate not set by resolution but to be charged in the city must be approved by the city council prior to implementation.

F. Rates shall be reviewed by the city every two years. Licensees shall furnish financial and other information the council considers necessary to determine the schedule of charges. Licensees may identify information submitted to the city as confidential. Prior to submitting such information to the city, licensees shall prominently mark any such information with the word “confidential.” The city shall treat any information so marked as confidential and shall not subject confidential information to public disclosure except as required by law. If the city receives such a request, licensees will be notified.

G. All books, records, accounts and data relating to collection service operations conducted within the city by licensees are subject to inspection and audit by the city. (Ord. 6-2002 § 1)

8.20.145 Ownership of solid waste, recyclable materials and yard debris.

Solid waste, recyclable materials and yard debris placed for collection shall be owned by and be the responsibility of the customer up until the time of collection. At the time of collection, the solid waste, recyclable materials and yard debris shall become the property of the licensee or registration holder for that customer. (Ord. 6-2002 § 1)

8.20.155 Suspension, modification or revocation of license.

A. The city manager may suspend, modify or revoke a license if the licensee:

1. Willfully violates this chapter or ORS Chapters 459 and 459A or the rules and regulations promulgated thereunder; or

2. Willfully refuses or is unable to provide adequate service as defined in the license agreement and this chapter, after written notice from the city manager.

B. In the event the city manager determines that a serious health hazard or danger exists as a result of the act or failure to act on the part of a licensee, the city manager may suspend the license or permit here granted without a hearing, but shall immediately notify licensee and provide an opportunity for hearing before the city council within 10 working days from date of such suspension, setting forth in such notice the reasons therefor.

1. Upon such hearing, the licensee shall have an opportunity to be heard by the council and the council may then affirm, modify or set aside the suspension ordered by the city manager and may by resolution take whatever action it deems appropriate to assure compliance with the terms and provisions of this chapter.

2. If a license granted hereunder is temporarily or permanently suspended, limited or terminated for any reason whatsoever by the city manager or city council, the city may take whatever steps it may deem appropriate to assure that solid waste collection service is provided to the residents and inhabitants and properties of the area served by the licensee so affected, including the right to provide, on a temporary basis, such service by the city itself.

C. In lieu of immediate suspension, modification, or revocation of a license, the city manager may order compliance and make suspension, modification, or revocation contingent upon compliance with the order within a time stated in the order.

D. If a license is terminated and no suitable applicant applies for a license or if a license is suspended, the city may require any licensee of the city to provide service, or the city may provide service.

E. The licensee may appeal the suspension, modification, or revocation of its license in accordance with ORS 34.010 to 34.100 (writ of review). (Ord. 8-2021 § 1; Ord. 6-2002 § 1)

8.20.165 Restraining orders.

In addition to all other council authority, the council may issue temporary restraining order(s) enjoining the violation of any of the provisions of the license, the registration, this chapter, or city rules and regulations, and directing the violator to cease an act or acts described in the order. Before issuing a temporary restraining order, the council shall have reasonable grounds to believe that a violation has occurred. The council will not issue an order under this section without first receiving an affidavit containing allegations of the violation. The affidavit shall specify the alleged violation in language sufficient to apprise the alleged violator of the act or acts to be enjoined. The order shall direct the alleged violator to appear at a time and place stated in the order and show cause why the alleged violator should not be immediately enjoined from doing the act or acts specified. (Ord. 6-2002 § 1)

8.20.175 Uncontrollable event.

An uncontrollable event is one that occurs by change of law or force majeure. Upon such occurrence, and with approval of council, all solid waste collection and disposal costs incurred by any licensee for compliance with the law or mitigation of the force majeure shall be an automatic pass-through to licensee’s customers retroactive to the onset of the uncontrollable event. (Ord. 6-2002 § 1)

8.20.185 General license responsibilities and restrictions.

A. Each licensee shall provide collection service for solid waste, recyclable materials and yard debris for customers in its service area in accordance with the standards and specifications as set forth in this chapter, applicable state laws and regulations. Each licensee shall furnish all necessary skill, labor, equipment, materials, billing facilities, transportation facilities and related services necessary therefor. Each licensee shall make available for subscription all levels of solid waste, recyclable materials and yard debris collection services for which the city sets rates.

B. A licensee shall not discontinue service to its service area or any portion thereof without the prior approval of the city council. Council approval is contingent upon arrangements being made to ensure that there is no interruption of service between licensee’s scheduled date of service termination and the date of service start-up by a replacement licensee. Council approval must be received no less than 90 days before termination of service. Each licensee must give at least 60 days’ notice of the service discontinuation to the affected customers along with information on the new service provider.

C. A licensee may refuse collection service to any customer if that customer refuses to pay for the service in accordance with the rate approved by the city council; provided, however, in no event shall a licensee terminate said service without first giving notice as specified in this chapter.

D. Licensees shall provide for the collection of medical and infectious wastes, as defined by ORS 459.386, and comply with all requirements of ORS Chapter 459 and all rules adopted by the Department of Environmental Quality, the State Health Division, and the Public Utility Commission.

E. Licensees may subcontract with other licensees for the collection of medical and infectious waste with the approval of the public works director.

F. Licensees are not required to collect improperly prepared and separated medical and infectious waste.

G. Unacceptable Solid Waste Materials. A licensee is not responsible for the collection of certain solid waste such as liquid fats, nonpetroleum oils, semisolid wastes, flammable materials, sewage sludge, septic tank and cesspool pumping or other sludge, manure, dead animals, and vehicles.

H. Hazardous Wastes. A licensee is not responsible for the collection of hazardous wastes. The licensees shall comply with all federal, state, local and METRO regulations applicable to the collection and disposal of hazardous wastes. (Ord. 6-2002 § 1)

8.20.195 Customer service requirements.

A. General. The licensee shall respond within 24 hours or by the next business day to customer telephone calls and complaints. Both office and on-route staff shall be knowledgeable and courteous in answering customer information requests and resolving customer complaints regarding solid waste, recyclable materials or yard debris services.

B. Licensee shall provide collection and disposal of solid wastes from all city facilities, city parks, city sidewalk containers and city activity areas within the licensee’s service area at no cost to the city on a regular schedule. This includes an annual city cleanup and city-sponsored special events.

C. Written Complaints. Licensees shall maintain a written log and respond in writing to any written questions or complaints within three working days (weekends and holidays excepted). The city will receive a quarterly log of such complaints.

D. Hours of Availability. The licensee shall provide telephone service so licensee may be reached by customers from 8:00 a.m. to 5:00 p.m. daily (weekends and holidays excepted). In addition, licensee shall provide a message recorder for all other hours.

E. Notification to New Residential Customers. At the time a new customer contacts a licensee to request start-up of collection service, the licensee will inform the customer of:

1. Service level options and rates;

2. Billing procedures;

3. Issuance of recycling bins;

4. Restrictions on the storage of putrid materials for subscribers of monthly garbage collection; and

5. Hazardous waste restrictions and collection locations.

F. Notification to New Multifamily Customers. At the time a new customer contacts a licensee to request start-up of collection service, the licensee will inform the customer of:

1. Service level options and rates;

2. Billing procedures;

3. State of Oregon requirements that all tenants be provided with the opportunity to recycle four or more materials; and

4. The availability of yard debris collection service.

Each licensee shall provide city-approved written information on the proper preparation of recyclable materials to all new multifamily customers within seven days of sign-up.

G. Notification to New Commercial Customers. At the time a new customer contacts a licensee to request start-up of collection service, the licensee will inform the customer of:

1. Service level options and rates;

2. Billing procedures;

3. The availability of collection of recyclable materials;

4. The availability of yard debris collection service; and

5. The availability and benefits of waste evaluations. The licensee will also provide this information to each existing commercial customer when any change is made to the level or type of service provided to that customer.

Each licensee shall provide city-approved written information on the proper preparation of recyclable materials to all new commercial customers within seven days of sign-up. (Ord. 1-2008 § 1; Ord. 6-2002 § 1)

8.20.205 Hours for collection activity.

A. Residential and Multifamily Neighborhoods. Any person collecting solid waste, recyclable materials or yard debris shall limit the hours of collection activity in predominately residential and multifamily neighborhoods to between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday, unless weather or holiday schedules require extended hours of collection.

B. Commercial and Industrial Areas. Excepting commercial and industrial areas abutting industrial areas, there shall be no limit on the hours of collection activity for any solid waste, recycling, and yard debris materials in predominately commercial and industrial areas. (Ord. 6-2002 § 1)

8.20.210 Miscellaneous provisions.

A. Licensees or permittees have the responsibility of disposing of the solid waste materials they collect; disposal shall be made at approved facilities and the licensee or permittee will obey all laws and regulations regarding disposal and will not make or cause a nuisance in so doing.

B. Licensees or permittees have the privilege of using city streets and alleyways for collection of solid waste materials; all such collections will be made with the least possible delay and inconvenience to the public or individuals.

C. Licensees shall collect all solid waste materials from parties availing themselves of the use of the collection system within their areas when such materials are placed in proper receptacles and located in proper places in accordance with this chapter or the rules and regulations adopted hereunder. The city shall not be responsible in any way for the collection of charges by a licensee, but the licensee shall collect for his/her services in an ordinary and customary business manner.

D. The licensees shall do all things necessary to give the city a good and efficient system of collection and disposal of solid waste materials and shall operate for the common good, benefit, and the health, welfare and needs of the citizens and inhabitants of the city. (Ord. 6-2002 § 1)

8.20.215 Collection of solid waste, recyclable materials and yard debris.

Licensees shall collect solid waste, recyclable materials and yard debris, provided the materials comply with the preparation requirements and other requirements set forth in this chapter. (Ord. 6-2002 § 1)

8.20.220 Recycling service.

A. General. The licensees shall provide the opportunity for recycling collection for all persons within their licensed area. Licensees shall collect recyclable materials listed in FMC 8.20.440, provided the materials comply with the preparation and other requirements set forth in this chapter.

B. General Education Service Standard. Applies to all customers, including single-family, multifamily and business customers.

1. Comprehensive education and assistance for waste, recycling and reuse services must be provided annually to all customers. Comprehensive education and assistance includes:

a. Information about waste prevention, reuse, recycling, yard debris and food waste;

b. Instructions about the proper preparation of materials for recycling, composting and disposal;

c. Contact information for customers to receive additional information or assistance.

All information provided by collections service providers must be accurate. Service provider will incorporate culturally responsive information to reflect local conditions as regionally developed materials are provided and made available for use. “Culturally responsive” means adapted to maximize the respect and relevance to the beliefs, practices, culture and linguistic needs of diverse consumer populations and communities.

2. Direct performance feedback must be given to individual customers regarding any contamination of acceptable recyclable materials. Timely inclement weather notifications must be provided to customers through a variety of media. Provider will make a reasonable attempt to distribute in multiple languages.

C. Opportunity to Recycle.

1. Residential Customers. Each licensee shall provide residential customers with at least one receptacle, with capacity of at least 60 gallons, for weekly curbside collection of all properly prepared recyclable materials except glass and motor oil. The receptacle for glass must have a capacity of at least five gallons.

2. Multifamily Customers. For all multifamily residential customers, minimum per-unit service volumes must be provided according to the table below.

Garbage	Acceptable Recyclable Materials	Source-Separated Glass
20 gallons per unit per week	20 gallons per unit per week	1 gallon per unit per week

Licensees will provide at least weekly collection of these recyclable materials. On-call services are exempt from collection frequency and minimum per unit service volume requirements. Used motor oil is exempt from collection.

a. For all multifamily residential customers, collection receptacles must comply with the regional standards for collection receptacles by the following dates:

i. All receptacles ordered after July 1, 2022, must comply with the color standard below and must be labeled with the correct Metro-approved regional signage.

ii. All plastic receptacles for garbage, acceptable recyclable materials, and yard debris and/or food scraps ordered after July 1, 2022, must contain at least 30 percent post-consumer recycled content.

iii. Garbage receptacles must be gray or black, acceptable recyclable materials receptacles must be blue, yard debris and/or food scraps receptacles must be green and source-separated glass receptacles must be orange by July 1, 2028.

iv. Color standards do not apply to compactors and drop boxes.

b. Regularly occurring bulky waste collection service shall be provided by July 1, 2025.

3. Business Recycling Requirement.

a. Intent. The purpose of this subsection is to comply with the business recycling requirement set forth in Metro Code Chapter 5.10. A significant increase in business recycling will assist the Metro region in achieving waste reduction goals, conserving natural resources, and reducing greenhouse gas emissions.

b. Applicability. This subsection applies to all businesses and business recycling service customers. This subsection does not apply to businesses whose primary office is located in a residence. A residence is the place where a person lives.

c. Business Recycling Requirement. Businesses shall source separate all recyclable paper, cardboard, glass and plastic bottles and jars, and aluminum and tin cans for reuse or recycling. Businesses and business recycling service customers shall ensure the provision of recycling containers for internal maintenance or work areas where recyclable materials may be collected, stored, or both. Businesses and business recycling service customers shall post accurate signs where recyclable materials are collected, stored, or both that identify the materials that the business must source separate for reuse or recycling and that provide recycling instructions.

d. Exemption From Business Recycling Requirement. A business may seek exemption from the business recycling requirement by providing access to a recycling specialist for a site visit and establishing that it cannot comply with the business recycling requirement.

e. Franchised Hauler Certification. By June 30th of each fiscal year, the franchised hauler will provide certification to the city of Fairview that all businesses within Fairview are in compliance with these requirements. Any business that does not appear to comply with these requirements will be subject to educational and enforcement actions by the city.

f. Compliance With Business Recycling Requirement. A business or business recycling service customer that does not comply with the business recycling requirement may receive a written notice of noncompliance. The notice of noncompliance shall describe the violation, provide the business or business recycling service customer an opportunity to cure the violation within the time specified in the notice, and offer assistance with compliance. A business or business recycling service customer that does not cure a violation within the time specified in the notice of noncompliance may receive a written citation. The citation shall provide an additional opportunity to cure the violation within the time specified in the citation and shall notify the business or business recycling service customer that it may be subject to a fine.

A business or business recycling service customer that does not cure a violation within the time frame specified in the citation may be subject to a fine as set forth in FMC 8.20.600.

D. Collection of Additional Recyclable Materials. Upon approval by the public works director, licensees may collect additional recyclable materials not defined in this chapter as recyclable materials.

E. Processing of Collected Recyclable Materials. The licensees shall transport and market collected recyclable materials. The licensees shall deliver all properly prepared and collected recyclable materials to a processor or broker of recyclable materials, or to an end-use market. Licensees shall not deliver (or cause to be delivered) any collected recyclable materials for disposal unless the recyclable materials are improperly prepared. The licensee should not collect recyclable materials that are visibly improperly prepared at the time of collection. Improper disposal of properly prepared recyclable materials is considered cause for revocation of a license. (Ord. 2-2023 § 1 (Exh. A); Ord. 1-2009 § 1 (Exh. A); Ord. 6-2002 § 1)

8.20.225 Yard debris service.

A. General. The licensees shall collect yard debris materials on the same day of the week as garbage collection, provided the materials have been prepared in accordance with the requirements set forth in this chapter.

B. Yard debris is exempted from collection if no yard debris is generated on site, or the customer meets one of the following conditions:

1. Uses a landscape maintenance firm that transports yard debris to a Metro-authorized facility;

2. Manages its yard debris on site such as composting or mulching;

3. Self-hauls its yard debris to a Metro-authorized facility;

4. Uses another preapproved method.

C. Processing of Collected Yard Debris Materials. The licensees shall transport all properly prepared and collected yard debris materials to a regional processor. The licensees shall not deliver (or cause the delivery of) any collected yard debris materials for disposal as garbage unless the yard debris materials are improperly prepared. The licensees should not collect yard debris materials that are visibly improperly prepared at the time of collection. Disposal of improperly prepared yard debris materials is considered cause for revocation of a license. Customers that have improperly prepared yard debris will be educated through personal contact or flyer as to the proper procedures for preparing of yard debris for collection. (Ord. 2-2023 § 1 (Exh. A); Ord. 1-2008 § 1; Ord. 6-2002 § 1)

8.20.230 Collection of other materials.

A. Other Solid Waste. The licensee shall provide the opportunity for collection of other solid waste materials as defined and provided for in this chapter for all persons within their geographic area licensed by the city. Other solid waste materials include white goods, bulky waste, tires, and medical and infectious waste.

B. Tires. The licensee shall acquire all necessary permits from the Department of Environmental Quality for the storage or transportation of tires.

C. Medical and Infectious Wastes. The licensees shall provide for the collection of medical and infectious wastes or may subcontract with other licensees for this service. In either case, the licensee and its subcontractor(s) shall conform to all rules and laws including, but not limited to, those of the state of Oregon regarding the collection, transportation, storage, treatment and disposal of medical and infectious wastes.

D. Collection Frequency. The collection frequency for other materials shall be as agreed upon by a licensee and their customer and within seven working days of the customer request. (Ord. 2-2023 § 1 (Exh. A); Ord. 6-2002 § 1)

8.20.235 Billing procedures.

A. Billing Period. The licensees may bill customers either once per month or once every two months but shall not bill more than 60 days in advance of the service. Customer payments shall not be due more than 31 days prior to the end of the service period being billed, nor less than 14 days after the date of the postmark on the billing. Licensees may require payment at time of service for services requested by customers that are less frequent than monthly. Licensees may also require payment at time of service from customers whose accounts are overdue or who have demonstrated a pattern of late or nonpayment.

B. Vacation Credit.

1. The licensees shall give a partial vacation credit to customers who stop service for a minimum period of two consecutive weeks and up to three consecutive weeks, and a full vacation credit to customers who stop service for a minimum period of four consecutive weeks.

2. The licensees will calculate and give vacation credits according to a formula established by the city.

C. Billing Policy. Each licensee shall provide new customers with a copy of billing procedures and shall give the procedures to any customer upon request. If a licensee or customer determines that an error in billing has occurred, the customer’s account shall be debited or credited for the underbilled or overbilled amount if the billing error occurred one year or less prior to the date the error was discovered. (Ord. 2-2023 § 1 (Exh. A); Ord. 6-2002 § 1)

8.20.240 Termination of service.

A. Billing Past Due. A licensee may terminate solid waste, recyclable materials and yard debris collection service to any customer if the customer has not paid a bill within 30 days of the billing due date.

B. Notice of Termination of Service. A licensee shall not terminate said service without first notifying the customer in writing of the intention to terminate service, postmarked not less than seven days prior to the date of intended termination of service.

C. Disputed Billings. The licensees shall not take any action to collect any portion of a bill subject to a dispute until there is a resolution of the dispute. (Ord. 2-2023 § 1 (Exh. A); Ord. 6-2002 § 1)

8.20.245 Receptacles.

A. General. The customer may provide the receptacle for 20-gallon can and 32-gallon can service levels. The licensees shall provide all receptacles that are mechanically collected, except that a customer may arrange with their licensee to provide a compactor. A commercial or multifamily customer may provide its own mechanically collected receptacles subject to compatibility with the licensee’s equipment and the receptacle requirements of this chapter. All compactors shall comply with applicable federal and state safety regulations and shall be compatible with the licensee’s equipment.

B. Recycling Bins. The licensees shall provide at least one recycling receptacle with a capacity of at least 60 gallons to each residential customer and other customers as agreed between the customer and the licensees. A second recycling bin shall be provided for free to each customer, upon request. Additional or replacement bins shall be provided to the customer for an amount equal to the cost incurred by the licensee to purchase such bins. In the case of bins missing when a customer has moved out, the licensee may bill the old customer for the replacement cost or require that the bins be returned to the service address.

C. Condition of Receptacles. Receptacles provided by licensees or customers shall be designed for safe handling, nonabsorbent, vector-resistant, durable, leak-proof, and except for drop boxes and recycling bins, provided with tight-fitting watertight lids or covers that can be readily removed or opened. Receptacles must remain watertight and free of holes throughout their period of use. Customer-provided cans should be equipped with a handhold on the bottom and two handles in good working condition.

D. Repair or Replacement of Customer-Supplied Receptacles. The licensees shall take care not to damage receptacles owned by the customer. A licensee shall reimburse the customer for the cost of repair or replacement of a licensee-approved receptacle when the licensee causes damage to a customer’s receptacle, provided the damage is not caused by normal wear and tear and provided the receptacle satisfied the standards for receptacles described in this chapter.

E. Repair or Replacement of Licensee-Supplied Receptacles. The customer shall take appropriate actions to ensure that hazardous materials, chemicals, paint, corrosive materials, medical and infectious waste, or hot ashes are not put into a can, cart, container, or drop box. A licensee may bill a customer for the cost to repair or replace a receptacle owned by the licensee when the customer does not take reasonable care to prevent abuse, fire damage, vandalism, excessive wear, or other damage to the receptacle.

F. Location of Receptacles. Licensees shall leave emptied receptacles in a location that does not obstruct mailboxes, the sidewalk, a fire hydrant, or impede traffic flow or on-street parking. Licensees are responsible for closing receptacles as securely as possible to prevent lids from blowing away or rain from getting into the receptacles. When possible, the licensees and registration holders shall place drop boxes on private property locations.

G. In-Ground Cans. Licensees are not required to remove a receptacle from an in-ground or “sunken” location.

H. Placement and Removal of Receptacle from Set-Out Location. Receptacles and materials shall be placed at the set-out location no sooner than 2:00 p.m. on the day prior to regularly scheduled collection. The customer shall remove each emptied receptacle from the set-out location and return the receptacle to the customer’s yard or permanent storage area within 24 hours of collection.

I. Ownership of Receptacles. Receptacles provided by a licensee are the property of the licensee. The customer shall leave licensee’s receptacles at the service address when the customer moves. Receptacles provided by a customer are the property of the customer. (Ord. 2-2023 § 1 (Exh. A); Ord. 4-2017 § 1 (Exh. A); Ord. 6-2002 § 1)

8.20.250 Missed collection.

A. The licensees shall respond promptly to reports of missed collections. A complaint of missed collection received by a licensee from a customer (or the city) that is not due to the late or improper set-out by the customer shall be remedied by collecting the material at no extra charge:

1. By 5:00 p.m. of the same day if the report is received prior to 12:00 noon on the normal collection day; or

2. Within 24 hours (excluding Saturdays, Sundays, and holidays) if notification is received after 12:00 noon on the normal day of collection; or

3. At another time if mutually agreed upon by a licensee and customer.

B. The licensees shall pick up collections missed due to hazardous weather conditions as weather and road conditions permit, or the customer may set out the missed collection, at no additional charge, on the subsequent regular collection day. (Ord. 6-2002 § 1)

8.20.255 Refusal of collection service.

A. Hazardous Conditions. A licensee may temporarily refuse to perform collection services where there is a temporary hazardous condition that creates an undue risk to the person providing service, licensee’s collection vehicle(s) or equipment, private property, or the public. Hazardous conditions include overhanging branches, steep slopes, unusual topography, wet or icy ground or pavement, vicious animals, low-hanging wires or basketball nets, poor access to the point of collection, or locations where the weight of the collection vehicle or equipment would damage private roads, driveways, or bridges. The licensee must make a reasonable effort to notify the customer of the reason for refusal of service on the same day such refusal occurs. If the licensee is unable to notify the customer on the same day, the licensee shall send written notice of the reason for refusal of service to the customer. If a hazardous condition exist(s), and the licensee determines that collection service shall not occur that day, the licensee shall:

1. Notify the public works director of refusal of service.

2. Provide a person to receive customer inquiries on the day of canceled service or, at a minimum, leave a recorded message stating the revised collection schedule. If more than one collection day is affected, the above procedures will be repeated.

B. Improperly Prepared Solid Waste, Recyclable Materials or Yard Debris. A licensee may refuse collection service when the preparation of solid waste, recyclable materials or yard debris does not satisfy the requirements of this chapter.

C. Overweight Receptacles. A licensee may refuse collection service for a receptacle that is over the weight limits listed in this chapter. When a receptacle is overweight, it is the customer’s responsibility to separate materials into additional receptacles to comply with weight requirements. If the customer requests, the licensee will provide the actual weight of the overweight receptacle by 5:00 p.m. on the business day following the request.

D. Improper Location of Receptacles. A licensee may refuse collection service when a receptacle is in a location that does not satisfy the requirements of this chapter.

E. Notice for Refusal of Collection Service. The licensee shall leave a written notice at the time of noncollection when it refuses collection service consistent with this chapter. The written notice shall describe the specific reason for refusing service, the actions needed to resume service, and the pickup options for the materials not collected. The licensee shall leave the notice securely attached to the customer’s receptacle or to the customer’s front door at the time of the refused service. The licensee shall document the date, time and reason for refusal of any collection service.

F. Collection Options for Refusal of Service. When there is a refusal to collect materials, the licensee will provide collection of double the customer’s subscribed service level volume of properly prepared materials, at no additional cost, on the subsequent regular collection day. (Ord. 6-2002 § 1)

8.20.260 Cleanup on route – Prevention of leaking and spilling loads.

A. Licensees and registration holders shall make a reasonable effort to pick up all material blown, littered, broken, or leaked during the course of collection subsequent to being set out by the customer.

B. All solid waste, recyclable materials and yard debris collection vehicles shall be constructed, loaded, operated and maintained in a manner to reduce to the greatest extent practicable, the dropping, leaking, blowing, sifting or escaping of solid waste, recyclable materials or yard debris, vehicle fuel, hydraulic fluid or lubricants from the vehicle onto private property and public streets while stationary or in transit. Licensees and registration holders shall make a reasonable effort to clean up all dropped, leaked, blown, or escaped solid waste, recyclable materials or yard debris, spilled vehicle fuel, hydraulic fluid or lubricants as soon as practicable. Licensees and registration holders will immediately notify the public works director and the Department of Environmental Quality of all significant vehicle fluid spills. (Ord. 6-2002 § 1)

8.20.265 Covers for open body vehicles.

All open body collection vehicles shall have a cover that shall be either an integral part of the vehicle or a separate cover. This cover shall be used while the vehicle is in transit, except while carrying only bulky wastes, such as stoves, refrigerators and similar white goods. (Ord. 6-2002 § 1)

8.20.270 Vehicle and receptacle identification.

A. Vehicle Identification. The licensee shall ensure that all solid waste, recyclable materials and yard debris collection vehicles bear a METRO identification tag and clearly identify the licensee’s name, telephone number, and vehicle number prominently and conspicuously on both sides of the vehicle.

B. Receptacle Identification. The licensee shall ensure that all of its containers, drop boxes and compactors are clearly identified by displaying the licensee’s name and telephone number prominently and conspicuously. (Ord. 6-2002 § 1)

8.20.275 Compliance with federal, state and local regulations.

Licensees and registration holders shall comply with all applicable federal, state and local laws and regulations relating to driving, transportation, collection, disposal and processing of solid waste, recyclable materials and yard debris. (Ord. 6-2002 § 1)

8.20.280 Safety and maintenance.

All collection equipment must be maintained and operated in compliance with all local, federal and state statutes, ordinances, and regulations including compliance with regulations related to the safety of the collection crew and the public. (Ord. 6-2002 § 1)

8.20.285 Compliance with zoning ordinances.

Facilities for storage, maintenance, and parking of any vehicles or other equipment shall comply with all applicable zoning ordinances and all other applicable local, federal and state statutes, ordinances and regulations. (Ord. 6-2002 § 1)

8.20.290 Promotion and education.

The licensees shall participate in city-directed promotion and education efforts. (Ord. 6-2002 § 1)

8.20.295 Reporting.

In addition to the financial reports required by FMC 8.20.135(F), the licensees shall provide to the public works director:

A. A quarterly report listing the quantities of recyclable materials collected from Fairview customers during the previous period; the locations to which these materials were delivered for processing or remanufacturing; number of customer accounts; and other information as requested. The report shall be submitted on a form provided or approved by the city.

B. A quarterly report listing the names and addresses of commercial customers that were offered waste evaluations during the reported period and that received waste evaluations from the licensee during the reported month. The report shall be submitted on a form provided or approved by the city.

C. A quarterly report on recycling activities. The report shall contain detailed information on education and promotion activities, worksheets on collection and disposal, and other information as required by the city. (Ord. 6-2002 § 1)

8.20.300 Spring cleanup.

Each spring, the city hosts spring cleanup events; each licensee shall provide support for these events and assist in these activities to the maximum extent possible. Support and assistance shall include, but are not limited to, one-time collection and disposal of as many as five extra bags of garbage from each residential customer at no extra charge; providing staffing, equipment and/or services for special collection events; and promoting events at no cost to the city. (Ord. 6-2002 § 1)

8.20.305 Collection frequency.

A. General. The licensees shall be responsible for the scheduling of all solid waste, recyclable materials and yard debris collection services.

B. Residential Customers. The regular collection frequency for residential solid waste, recyclable materials and yard debris collection service shall be weekly except for materials defined as bulky wastes, unless a customer subscribes to monthly service.

C. Commercial and Multifamily Customers. The collection frequency for commercial and multifamily solid waste collection service shall be not less than weekly and as agreed upon by a licensee and customer. The collection frequency for compactors may be up to, but not exceeding, every 14 days. Collection of recyclable materials may occur less frequently than weekly if agreed upon by a licensee and customer.

D. Special Collection of Solid Waste, Recyclable Materials or Yard Debris. Each licensee shall provide occasional or special collection of solid waste, recyclable materials or yard debris on request by the customer at a fee approved by the city for such collections. (Ord. 6-2002 § 1)

8.20.310 Collection of extra receptacles.

Licensee(s) shall collect from residential customers occasional extra receptacles of solid waste set at the curb as an “extra” beyond a customer’s subscribed service level. The licensees may charge the fee established by the city for such “extras,” except in cases of missed collections that are the fault of a licensee. The licensees may require the customer to give 24 hours’ prior notification of an extra set-out that would require extraordinary time, labor, or equipment, or if the customer has a record of nonpayment of charges for extras. (Ord. 6-2002 § 1)

8.20.315 Disposal of collected solid waste, recyclable materials and yard debris.

Each licensee shall dispose of solid waste, recyclable materials and yard debris collected within their franchised geographic area at city or METRO facilities. The licensee shall not mix solid waste for disposal with any properly prepared, source-separated recyclable materials or yard debris. The licensees shall not dispose of any materials that have been source separated pursuant to state law. (Ord. 6-2002 § 1)

8.20.320 Access for inspections and delivery of notices.

The licensee shall make all company premises, facilities and records related to their solid waste, recyclable materials and yard debris collection services (including, but not limited to, offices, storage areas, nonfinancial records, records pertaining to the origin of any solid waste collected by the licensee, receipts for sale or delivery of collected recyclable materials, customer lists, and all records related to vehicle maintenance and safety which are required under PUC motor carrier requirements and regulations and Chapter 767 of the Oregon Statutes) available for inspection by city employees within 24 hours of notice by telephone. Such inspections are only for purposes of enforcing this chapter, and are limited to normal business hours. During normal business hours, licensee(s) shall make all company premises and facilities accessible to city employees for delivery of written notices. Collection vehicles must be accessible for inspections during the normal operating hours, in addition to normal business hours. Where receptacles are stored in the public right-of-way or when the city is inspecting a situation where the licensee is allegedly disposing recyclables or yard debris with solid waste, the need for 24-hour notice does not apply to inspection of receptacles or vehicles. (Ord. 6-2002 § 1)

8.20.400 General customer requirements.

A. All residential, multifamily and commercial properties in the city shall provide for collection of solid waste, recyclable materials and yard debris in accordance with this chapter.

B. The owner of any residential or multifamily dwelling complex who rents, leases or lets dwelling units for human habitation shall:

1. Subscribe to and pay for collection service with the licensee on behalf of his/her tenants or, if the dwelling complex contains four or fewer units, self-haul solid waste from tenants to a METRO-approved disposal facility;

2. Provide a sufficient number of receptacles of adequate size to prevent the overflow of solid waste, recyclable materials and yard debris from occurring. Receptacles shall be placed in a location accessible to all dwelling units;

3. Provide for sufficiently frequent, but at least weekly, collection of solid waste and recyclable materials, except for compactors, which shall be collected at least every 14 days; and

4. If the dwelling complex has four or fewer units and the owner is self-hauling tenants’ solid waste, provide for the same level and frequency of collection of source-separated recyclable materials and yard debris as are required of licensees serving residential customers. Upon request by the city, the owner shall provide proof of compliance with this requirement. (Ord. 6-2002 § 1)

8.20.405 Payment responsibility (customer).

A. Responsible Party. Any person who receives service shall be responsible for payment of said service. Special rules for tenant occupied residential dwellings are provided in FMC 8.20.400.

B. Missed Collections. A customer may not deduct the cost of past unreported missed collections from the customer’s service bills.

C. Vacation Credit. The customer is responsible for requesting a vacation credit from the licensee. The customer may request a vacation credit to stop service for a minimum period of two consecutive weeks and must give at least 48 hours’ advance notice to the licensee of the request for service suspension.

1. A customer shall receive a partial vacation credit if service is stopped for a minimum period of two consecutive weeks and up to three consecutive weeks, and a full vacation credit if service is stopped for a minimum period of four consecutive weeks.

2. The licensees will calculate and give vacation credits according to a formula approved by the city. (Ord. 6-2002 § 1)

8.20.410 Notification of missed collection or billing errors (customer).

The customer shall promptly notify the licensee about a missed collection or billing error. (Ord. 6-2002 § 1)

8.20.415 Location of receptacles (customer).

A. General. The customer shall place receptacles in a location that does not obstruct mailboxes, water meters, the sidewalk, fire hydrants, driveways, or impede traffic flow or on-street parking. The customer shall provide for reasonable vertical clearance for receptacle(s) picked up away from the curbside or roadside.

B. Residential Service. Receptacles must be placed at the curbside. Special placement arrangements for mobility-impaired customers, or those whose lots are not physically configured to allow curbside placement, may be made by agreement between a customer and licensee.

C. Multifamily Customers.

1. General. The customer shall set solid waste, recyclable materials and yard debris receptacles at a location that is readily accessible and safe to empty or load, that does not require a licensee to go up and down stairs, and that is agreed upon by the licensee and the customer.

2. Opportunity to Recycle. The owner of any multifamily complex with five or more dwelling units shall provide tenants with separate location(s) for receptacles or depots for the collection of four or more types of source-separated recyclable materials. Color separated glass bottles and jars are considered to be one recyclable material.

3. Number of Collection Areas. In order to ensure that tenants are provided with a convenient opportunity to recycle, the owner of any multifamily complex with five or more dwelling units will establish collection areas at a ratio of one area for recyclable materials for every three areas for solid waste, or at a level established or approved by the city.

D. Commercial. The customer shall set solid waste, recyclable materials and yard debris receptacles at a location that is readily accessible and safe to empty or load, that does not require a licensee to go up and down stairs, and that is agreed upon by the licensee and the customer.

E. Location of Roll Carts. The customer shall place roll carts at the curbside, or roadside, or at such other location agreed upon by the customer and their licensee.

F. Drop Boxes. When possible, the customer should arrange for the licensee to place drop boxes on private property locations.

G. Location of Compactors. The customer shall place compactors at a location that protects the privacy, safety, and security of customers, that provides access needed to prevent unnecessary physical and legal risk to the licensee, and that is agreed upon by the customer and their licensee. (Ord. 6-2002 § 1)

8.20.420 Set-out time for receptacles (customer).

The customer is responsible for proper placement of solid waste, recyclable materials and yard debris receptacles by 6:00 a.m. on the customer’s designated collection day. (Ord. 6-2002 § 1)

8.20.425 General preparation of materials (customer).

The customer shall place solid waste, recyclable materials and yard debris safely and securely in the receptacles to prevent lightweight materials from blowing away prior to and while being placed into the collection vehicle or receptacle. The customer shall load the contents of a receptacle in such a manner that they fall freely from the receptacle when emptied by a licensee. A licensee shall not be responsible for digging the contents out of a receptacle. The customer shall not overfill a can, cart, or container so that the lid cannot be securely closed. The customer is responsible for closing the receptacle as securely as possible to prevent the lid or materials from blowing away or rain from getting into the receptacle. The customer shall bag cold ashes, animal wastes, kitty litter and other fine materials separately from other solid waste. The customer may dispose of these materials in the solid waste receptacle. (Ord. 6-2002 § 1)

8.20.430 Weight of receptacles (customer).

A. Cans and Carts. The customer shall limit the weight of a receptacle and its contents to the maximum weights listed as follows:

Receptacle Type/Capacity	Maximum Weight
20-gallon can	35 lbs.
32-gallon can	60 lbs.
35-gallon/40-gallon roll cart	60 lbs.
60-gallon roll cart	120 lbs.
90-gallon roll cart	145 lbs.

B. Containers and Drop Boxes. The weight of material put into a container or drop box, whether compacted or not, shall not exceed the lifting capacity of that licensee’s equipment nor shall the weight put the licensee over the weight limit for the loaded vehicle. The licensees shall furnish their customers with information concerning limitations on their equipment, upon request. A licensee is not required to collect containers exceeding 300 pounds gross loaded contents per loose cubic yard; but if an overweight container is collected, the licensee may charge the customer for disposal costs on the excess over 300 pounds. If drop boxes are overloaded to exceed the weight limit for a loaded vehicle, the customer shall be charged for any fine resulting from an overweight ticket. (Ord. 6-2002 § 1)

8.20.435 Putrescible waste storage (customer).

The customer shall not store putrescible materials in a receptacle in excess of seven days. The customer shall ensure that said materials are removed from the premises at regular intervals not to exceed the seven days. An exemption may be made to this rule for the storage of putrescible materials in a compactor that is totally sealed, nonleaking and nonodorous. Putrescibles stored in such a compactor may be stored for no more than 14 days. (Ord. 6-2002 § 1)

8.20.440 Preparation of recyclable materials (customer).

A. Commercial and Multifamily Customers. Recyclables from commercial and multifamily customers shall be prepared in accordance with city-approved instructions provided by the licensees.

B. Residential Customers. The customer may include the following recyclable materials in recycling receptacles and shall separate and prepare these materials as outlined below:

1. Aerosol Cans. Cans must be completely empty. Do not crush or flatten. Remove all paper labels and plastic lids. Leave nozzle buttons in place. Cans may be placed with steel (tin) cans or in a separate brown paper bag.

2. Aluminum. Include aluminum cans, food trays, and foil. Remove all organic material, flatten, and place in a brown paper bag.

3. Corrugated Cardboard and Brown Paper Bags. Flatten and securely tie into bundles with string or twine. Limit the size of any single piece or bundle to 36 inches in any direction.

4. Glass Bottles and Jars. Remove lids and rinse containers. Sort by color (brown, clear and green) and place in separate brown paper bags. Do not include broken glass, drinking glasses, cooking ware, plate glass, safety glass, light bulbs, ceramics, and nonglass materials. (Metal lids may be included with steel cans.)

5. Magazines. Place in brown paper bag or securely tie into bundles with string or twine. Include magazines and catalogs. Do not contaminate with other materials or other types of paper.

6. Motor Oil. Place in a clear leak-proof, unbreakable plastic container of not more than one gallon each, with a screw-on cap. Do not include other fluids.

7. Newspapers. Place in brown paper bags or securely tie into bundles with string or twine. Include anything that came with the newspaper except for product samples or plastic bags or wrapping. Do not include other types of paper.

8. Plastic Bottles and Jugs. Include any type of plastic bottle with a neck smaller than the base. Remove lids, caps and pumps, rinse out, flatten, and place in a brown paper bag. Do not include motor oil, pesticide, or other hazardous material bottles. No tubs, bags, toys or other types of plastic.

9. Scrap Metal. Remove all nonmetal parts from the scrap metal and place the scrap metal in a brown paper bag or bundle. Limit any single piece or bundle to 30 inches in any direction and 30 pounds. Do not include appliances, car parts, bicycles or lead batteries.

10. Scrap Paper. Place in brown paper bags. Includes opened unwanted mail, envelopes, paper egg cartons, cereal and shoe boxes, and wrapping paper. Do not include foil, waxy or plastic paper, food contaminated paper or any paper type listed above.

11. Steel (Tin) Cans. Remove labels, rinse, remove both ends if possible, flatten and place in a brown paper bag. May include steel can ends and jar/bottle lids. (Ord. 6-2002 § 1)

8.20.445 Preparation of yard debris materials (customer).

A. Receptacles. The customer may place yard debris in 32-gallon cans or carts, in “kraft” type paper bags, or in bundles. The customer must securely tie bundles with string or twine to support the bundle when lifted. Bundles may be no greater than 48 inches in length and 18 inches in diameter. The customer shall not use plastic bags to contain yard debris. The customer may contract with the licensee for use of a 60-gallon roll cart for the collection of yard debris.

B. Acceptable Materials. The customer is responsible for including only those materials that meet the definition of yard debris provided in this chapter. “Yard debris” means materials that include clippings, leaves, prunings of no greater than four inches in diameter and 48 inches in length and other similar vegetative waste generated from landscaping activities, but does not include sod, stumps, or similar bulky wood materials, rock, or dirt.

C. Weight of Receptacles. The customer shall limit the weight of a receptacle and its contents to the maximum weights listed as follows:

Receptacle Type/Capacity	Maximum Weight
Bundled yard debris	60 lbs.
“Kraft” paper bag (30-gallon)	45 lbs.
32-gallon can	60 lbs.
60-gallon roll cart	120 lbs.

D. Labeling of Receptacles. The customer is responsible to mark all rigid yard debris receptacles with a “yard debris only” sticker provided by the licensee. The “yard debris only” sticker needs to be clearly visible from the street. Bags containing yard debris must be clearly identifiable as such from the street. (Ord. 6-2002 § 1)

8.20.450 Food waste requirement.

A. Applicability. This section applies to all covered businesses.

B. A “covered business” is a business that cooks, assembles, processes, serves, or sells food or does so as service providers for other enterprises.

Covered businesses subject to the business food waste requirement include but are not limited to:

Cafeterias and buffets;

Caterers;

Colleges and universities*;

Correctional facilities;

Drinking places*;

Elementary and secondary schools*;

Food product manufacturing;

Food service contractors;

Full service restaurants;

Grocery retail;

Grocery wholesale;

Hospitals*;

Hotels*;

Limited service restaurants;

Nursing and residential care*;

Retirement and assisted living*;

Specialty food markets;

Warehouse clubs.

*Only those with full-service restaurants or on-site food preparation or service are subject to this requirement.

C. Business Food Waste Requirement.

1. Covered businesses must separate food waste from all other solid waste for collection. “Food waste” means waste from fruits, vegetables, meats, dairy products, fish, shellfish, nuts, seeds, grains, coffee grounds, and other food that results from the distribution, storage, preparation, cooking, handling, selling or serving of food for human consumption. “Food waste” includes but is not limited to excess, spoiled or unusable food and includes inedible parts commonly associated with food preparation such as pits, shells, bones, and peels. “Food waste” does not include liquids or large amounts of oils and meats which are collected for rendering, fuel production or other non-disposal applications, or any food fit for human consumption that has been set aside, stored properly and is accepted for donation by a charitable organization and any food collected to feed animals in compliance with applicable regulations.

2. Covered businesses must collect food waste that is controlled by the business, agents, and employees. This requirement does not apply to food wastes controlled by customers or the public. At its discretion, a business may also collect food waste from customers or the public but must ensure that food wastes are free of nonfood items. K-12 schools may also include student-generated food waste from school cafeteria meals but must ensure that food wastes are free of nonfood items.

3. Covered businesses must have correctly labeled and easily identifiable receptacles for internal maintenance or work areas where food waste may be collected, stored, or both.

4. Covered businesses must post accurate signs where food waste is collected, stored, or both that identify the materials that the covered business must source separate.

5. Owners or managers of single- or multi-tenant buildings containing covered businesses must allow or otherwise enable the provision of food waste collection service to lessees or occupants subject to the business food waste requirement.

D. Compliance Timeline. Covered businesses must comply with the food waste requirement as determined by the quantity of food waste they generate per week, on average. Implementation will begin with business group 1 and progress to groups 2 and 3 as set forth in the Metro Solid Waste Administrative Rules. Covered businesses that demonstrate they generate less than 250 pounds per week of food waste are not subject to this requirement:

1.	Business Group 1
≥ 0.5 ton (1,000 pounds) per week food waste generated.
2.	Business Group 2
≥ 0.25 ton (500 pounds) per week food waste generated.
3.	Business Group 3
≥ 0.125 ton (250 pounds) per week food waste generated.

E. Temporary Compliance Waivers to Covered Businesses. A covered business may seek a temporary (12-month) waiver from the business food waste requirement by providing access to a recycling specialist for a site visit and demonstrating that the covered business cannot comply with the business food waste requirement. Businesses must agree to periodic waiver verification site visits to determine if conditions that warrant the waiver are still in place and cannot be remedied in accordance with waiver criteria.

F. Enforcement of the Business Food Waste Requirement.

1. A covered business that does not comply with the business food waste requirement may receive a written notice of noncompliance. The notice of noncompliance will describe the violation, provide the covered business an opportunity to cure the violation within the time specified in the notice, and offer assistance with compliance.

2. A covered business that does not cure a violation within the time specified in the notice of noncompliance may receive a written citation. The citation will provide an additional opportunity to cure the violation within the time specified in the citation and will notify the covered business that it may be subject to a fine.

3. A covered business that does not cure a violation within the time specified in the citation may be subject to a fine per FMC 1.01.090. (Ord. 6-2022 § 1 (Exh. A); Ord. 7-2019 § 1 (Exh. A); Ord. 1-2008 § 1; Ord. 6-2002 § 1)

8.20.455 Other solid waste (customer).

A. Set Out. The customer shall set other solid waste materials out at the time and location agreed upon with their licensee.

B. Preparation of Materials.

1. Medical and Infectious Wastes. The customer shall place medical and infectious wastes in appropriate receptacles. The customer shall not place medical and infectious waste materials into a receptacle for collection with solid waste, recycling, or yard debris materials. The customer should contact their licensee for information on proper disposal options.

2. Other Wastes. The customer is responsible to prepare other wastes as agreed upon with their licensee. (Ord. 6-2002 § 1)

8.20.460 Disposal of unacceptable solid waste materials (customer).

The customer shall not place unacceptable materials in solid waste receptacles. Unacceptable materials include: oils, fats and other liquids generated by commercial entities; semisolid wastes; hazardous wastes; and flammable materials. The customer should contact their licensee or METRO for information on proper disposal options. (Ord. 6-2002 § 1)

8.20.500 Dispute resolution.

The licensees shall have a written policy for resolving disputed billings. The licensees shall provide a copy of disputed billing policies to the city for review and approval. (Ord. 6-2002 § 1)

8.20.600 Penalties and remedies.

A. Any person who violates this chapter or fails to comply with any of its requirements shall be subject to a civil penalty of not more than $500.00 for each offense. Each day or portion of a day such violation shall continue shall be deemed a separate offense and violation and is punishable accordingly.

B. In addition to the penalties described above, any condition caused or permitted to exist in violation of this chapter shall be deemed a public nuisance and the city may, in addition to other remedies provided by law, institute injunction, abatement or other appropriate legal relief to temporarily or permanently enjoin or abate such violation.

C. The remedies provided in this chapter are not exclusive and are in addition to any other penalties and remedies available to the city under any other ordinance or law. (Ord. 6-2002 § 1)