§ 49-25. Responsibility of property owners.

(a)

Generally. All owners of improved property shall use residential or commercial collection service provided by the collector, unless exempted under the provisions of section 49-30. All residential property shall be subject to the imposition of the solid waste assessment for such service. The occupants of all commercial property shall pay the rates and charges within the limits established pursuant to subsection 49-26(b).

(b)

Residential collection service.

(1)

The owner of residential property shall pay to the county the solid waste assessment imposed on such residential property for the benefits received by such dwelling unit for the residential collection service provided or made available.

(2)

The owner shall provide garbage containers adequate to contain all residential solid waste generated from each dwelling unit in accordance with the provisions herein. Receptacles shall be of the design that allows for easy lifting with two handles and of not more than 32-gallon capacity, which shall be free from jagged or sharp edges and shall be watertight and of impervious material. Such garbage container, when filled, shall not exceed 50 pounds per container. These receptacles are to have tight-fitting watertight covers suitable to protect the contents from flies, insects, rats and other animals.

(3)

Any owner which denies a collector access to his property by prohibiting the use of a private road shall be required to transport all residential solid waste generated from his property to the nearest public road for collection in accordance with the provisions of this chapter.

(c)

Commercial collection service.

(1)

All owners of commercial property shall be responsible for entering into an agreement for commercial collection service at each site generating residential solid waste, with a collector which has been granted a franchise contract, unless exempted under the provisions of section 49-30. The occupant, if other than the owner, may contract with the collector; however, the owner shall be responsible for having such a contract with a collector if such residential solid waste collection service at that site is not maintained for any reason.

(2)

The collector shall be responsible for the billing and collection of commercial collection service charges.

(3)

Charges for commercial collection service shall be deemed delinquent if not paid within 30 days of the date due.

(4)

The failure of the owner of commercial property to abide by the mandatory subscription provisions hereof, or to pay for such services which are subscribed to, shall subject the property owner to the penalties in sections 49-33 and 49-34.

(d)

Election of commercial classification.

(1)

A multifamily dwelling unit may elect to be classified as commercial property for the purpose of this chapter, provided that the residential solid waste of all dwelling units within the multifamily dwelling unit complex shall be collected in a uniform manner.

(2)

Such multifamily dwelling unit requesting to be classified as a commercial property shall file an application with the county administrator prior to June 1 of any year in order to receive a commercial classification for the following fiscal year. The application shall be on forms provided by the county and shall contain the following:

a.

The name and address of the applicant;

b.

The number of residential dwelling units within the multifamily dwelling unit requesting commercial classification, as well as the form of ownership and the names and addresses of all titled owners;

c.

Verification that the owners of all residential dwelling units within the multifamily dwelling unit consent to the classification as commercial or that restrictive covenants exist which allow a property or condominium owners association to consent on behalf of the unit owners; and

d.

The proposed method and frequency of removal of residential solid waste for disposal and the collector which shall be providing such service.

(3)

The county administrator shall review the application and, if requirements of this chapter are satisfied, shall grant the election to be classified as commercial property. Any multifamily dwelling unit which has been allowed to be classified as commercial property shall be removed from the annual solid waste assessment roll.

(4)

Each multifamily dwelling unit which has elected to be classified as a commercial property for the purpose of this chapter shall continue to be so classified in subsequent fiscal years without the necessity of filing, provided the requirements of subsection (d)(1) remain satisfied.

(5)

A single-family dwelling unit which is located on commercial property may be classified as part of the commercial property upon showing the existence of a current commercial service agreement with a collector licensed under this chapter. Application shall be in the manner provided for multifamily dwelling units in subsections (1) through (4), above. Failure to maintain the commercial service shall result in the revocation of the election and the charge as provided in section 49-30(f) of this article.

(Ord. No. 98-06, § 25, 8-13-98)