§ 16-6. Authority, costs, notice to remove solid waste.

(a)

The director of public service is hereby authorized and empowered to notify, in writing, the owner of any premises to remove solid waste found to be not in compliance with this ordinance on such premises (unless the same is on the abutting public right-of-way in which case no notice is required). Such notice shall be by hand delivery or certified mail, addressed to the said owner at the last known address.

(b)

If solid wastes are not removed from the premises within six (6) days after the date of mailing such notice, or if the solid waste is on abutting public right-of-way, the owner and/or tenant(s) of the premises shall be subject to penalties as set forth in section 16-10(b) of this ordinance. The director of public service is also hereby authorized and empowered to pay for the removal of the solid waste or to order the removal by the city.

(c)

When the city has effected the removal of such solid waste or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of one (1) percent per month from the date of removal, shall be charged to the owner of the premises on the next regular tax bill forwarded to such owner by the city, and said charge shall be due and payable at the time of payment of such tax bill.

(d)

Where cost of removal is not paid by the owner within sixty (60) days after the removal of such solid waste as set forth in parts (b) and (c) of this section, then the director of public service shall cause to be recorded in the treasurer's office the date and premises on which removal was done. The recording of such statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made and shall be collected in the manner provided by law for collection of taxes; further, the total amount shall be subject to a delinquent penalty of one (1) percent per month in the event same is not paid in full on or before the date of the tax bill upon which said charge appears becomes delinquent; said sworn statements recorded in accordance with the provisions hereof shall be notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the premises described in the statement that the same is due.

(e)

Any owner (as indicated in the current assessment roll of the city) of a condominium complex which does not meet city specification may request curbside solid waste, compost and recyclable material pick up by the city. The request and waiver of city liability must be made in writing with the director of public service. Upon said request the city will perform curbside pick up and the city will not be held liable for damage or alterations to any and all surface areas, subsurface areas or subsurface structures of any street not meeting city specification. The signed waiver of liability must be approved by the director of public service and filed with the city clerk's office.

(f)

Commercial waste of any kind will not be collected by the department of public service. Commercial enterprises include industrial, office, medical and commercial businesses.

(Ord. No. 80-449, § 1, 2-22-94)