§ 4-4-25. Collection of refuse; franchise.

(a)

Generally. All trash and garbage generated and accumulated in the unit shall, except as otherwise provided in this article, be collected, conveyed and disposed of by a collector holding a valid franchise for such activity. The unit shall pay the franchise holder the fee established by the governing body as provided in this article to be paid from the proceeds of the special assessment for each residential unit appearing on the special assessment roll, in consideration of which the franchisee shall provide once-weekly residential pickup service of garbage, refuse, trash, recycling, or yard waste generated by each residential unit upon which an assessment has been levied.

The county building department shall not authorize a certificate of occupancy to be activated for residential real property whether new construction or a change in the use of property from another category to residential real property, until the following circumstances have been met:

(1)

The subject property is listed on the then current special assessment roll for solid waste collection; or

(2)

If the property is not on the then current special assessment roll, upon payment in full to the county administrator or his designee of an amount equal to the appropriate charge including disposal and regulatory fees for that period of time between the date of the request for county authorization to commence electrical service and the date the unit will first appear in the special assessment roll.

The occupants of residential units generating more than the established level of service and the occupants of any other premises generating trash or garbage shall contract directly with the franchisee for the collection and disposal of such trash and garage. The occupant of premises occupied by a residential unit as defined in this article and used for nonresidential purposes shall contract directly with the franchisee for the provision of the additional service required by the additional activity.

(b)

Accumulation of trash, garbage, refuse, or waste. Any accumulation of trash, garbage, refuse, or waste for more than seven (7) days is hereby declared to be a public nuisance and a violation of this Code. The franchise collector shall from time to time notify the county administrator, as manager of the unit, of residential premises and other premises not utilizing the services of the franchise collector. The county administrator, as manager of the unit, shall promptly investigate each such report, make a determination as to whether the terms of this article are being violated and, if a violation is found, notify the occupant of the nature and extent of such violation, action to be taken for the correction thereof, and the time allowed for the taking of such action. If such violation is not corrected within the time allowed, the county administrator, as manager of the unit, shall forthwith take such legal action as may be necessary to enforce the terms of this article without further authorization or instruction.

(c)

Private removal generally. Any person desiring to remove and dispose of trash collected on his own premises or created by his own operation through the use of his own personnel and equipment shall dispose of his wastes at permitted solid waste disposal facilities or make use of county franchised haulers to transport these wastes to permitted solid waste facilities. Persons found to be in violation of this disposal requirement are subject to penalties imposed by the county code enforcement board and the county citation ordinance. Such waste shall not include household trash or garbage or other putrescible waste matter.

(Ord. No. 2004-006, § 1, 2-10-04; Ord. No. 2008-061, § 1, 9-9-08)