a. No person other than the contractor may place a receptacle within the City for the collection of solid waste, recyclables, or green waste, unless such collection is authorized by subsection 11-3.8.

b. The City shall notify, in writing, any person that violates this subsection that the prompt and permanent removal of an unauthorized receptacle from the place or premises is required. The City shall deliver such written notice by posting a copy of the notice prominently upon the receptacle, provided that if the receptacle is not on a public street, in the driveway of a residential property or in an area open to the public of a commercial or industrial property, the written consent of the owner or occupant of any private property where a receptacle is placed shall be obtained prior to going on the property to give notice. If the receptacle is identified with the name and telephone number of the enterprise servicing it, the City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate the notice. If notice is provided by the contractor under a delegation of authority pursuant to paragraph d, the contractor shall promptly provide the City with a copy of the notice, and shall not enter onto private property to provide such notice. Where the notice cannot be physically delivered or placed on the receptacle due to the inability to enter onto private property or the refusal of consent by the owner, the notice may be given to the owner or occupant by nationally-recognized overnight courier (e.g., Federal Express) or by certified mail, return receipt requested.

c. The City may impound or cause to be impounded any receptacle located on a public street, or located on private property with the written consent of the owner or occupant of the property where the receptacle is located, if the enterprise servicing it does not permanently remove it from the place or premises within the time set forth in the notice, which time shall be not less than twenty-four (24) hours after posting or delivery of the notice, nor less than six (6) business hours after telephonic notification, if any. For purposes of this section, “business hours” shall mean the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday. If the receptacle is impounded by the City’s contractor under a delegation of authority pursuant to paragraph d, the contractor may not enter upon private property, and the contractor shall immediately inform the City in writing of the impoundment, promptly dispose of the contents of the receptacle at a permitted disposal facility, and shall store the receptacle in a legally permitted storage area that complies with all applicable local land use regulations. Any person that violates paragraph a. or e. of this subsection shall be liable to the City for all fines and charges levied in connection with the collection, transportation, storage, and handling of such receptacle by the City. A receptacle impounded pursuant to this paragraph shall be retrieved by the owner or his or her representative immediately after all applicable fines and charges have been paid.

d. The Manager may delegate to the City’s contractor the authority to serve notice of a violation of this subsection, to impound unauthorized receptacles, and to collect the fines and charges levied by the City, provided that any such delegation of authority shall require strict compliance by the contractor with this subsection. Where the contractor is unable to deliver the notice due to the inability to enter onto private property, it is authorized to provide the notice to the owner or occupant by nationally-recognized overnight courier (e.g., Federal Express) or by certified mail, return receipt requested. Prior to the contractor’s exercise of any such delegated authority, the contractor shall provide the City with a written agreement in a form reasonably satisfactory to the City indemnifying and holding harmless the City against all claims and causes of action arising out of the contractor’s actions to impound and/or store bins, containers, and waste receptacles, and amending the contractor’s collection agreement to reflect that impoundments performed without full compliance with this subsection, and failures to provide notice as required by this subsection, shall be deemed violations of the collection agreement. The Manager may revoke this delegation of authority at any time in his or her sole discretion, and the agreement provided by the contractor pursuant to this paragraph shall acknowledge that any such revocation shall not be deemed a breach of the collection agreement.

e. Upon posting of a written notice of violation upon an unauthorized receptacle, the customer using the unauthorized receptacle shall immediately cease placing refuse, recyclable materials or green waste therein.

f. Any person who violates or neglects to comply with paragraph a. or e. of this subsection or any resolution or regulation promulgated pursuant thereto, shall be guilty of an infraction, with each and every day or portion thereof during which any such violation is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this subsection. Each such violation shall be punishable by a fine not exceeding one hundred ($100.00) dollars for the first violation; two hundred ($200.00) dollars for the second violation within one (1) year of the first violation; and two hundred fifty ($250.00) dollars for each additional violation within one (1) year of the first violation. The City Council may increase the fines set forth in this paragraph by resolution. (Ord. #2011-153; Ord. #2012-153)