ARTICLE 10-1: GARBAGE AND TRASH COLLECTION

Chapter 10 06/25/09 ARTICLE 10-1: GARBAGE AND TRASH COLLECTION Section 10-1-1 Definitions 10-1-2 Collection and disposal 10-1-3 Collection hours 10-1-4 Rules, regulations and sanitation fees 10-1-5 Billing; payment; additional fees; termination of services and creation of lien 10-1-6 Application for sanitation service 10-1-7 Discontinuance of sanitation service; suspension of service fee 10-1-1 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BULK GREEN WASTE. Bulk green waste shall consist of tree limbs and branches not more than four feet in length; boxed or contained leaves, shrub clippings, cactus, weeds and grass clippings or other landscape material. Green waste shall not include branches exceeding four feet in length, landscape material such as sod, dirt, gravel, bricks and other hardscape material, household garbage and food waste. BULK REFUSE. Uncontained tree limbs, branches, palm fronds, hedge clippings, cardboard boxes, light metal pipe less than one inch in diameter, with no objects exceeding four feet in length, and uncontained household appliances and household furniture. Large household items that can not be placed inside a residential refuse container. Light metal pipe less than one inch in diameter, with no objects exceeding four feet in length, uncontained household appliances(example: washer, stove refrigerator, water heater), household furniture (example: couches, chairs, patio furniture) and other large items not exceeding four feet in length that will not fit into city provided containers. Bulk refuse does not include bagged household garbage not placed in City provided containers. Bulk refuse does NOT include pipe longer than four feet or greater than one inch in diameter, tires of any type, hazardous waste such as paint, oil, lead acid batteries, infectious and or medical

waste, concrete, cement blocks, bricks, dirt, rocks, pallets, wood fencing, household refuse, large auto and boat parts, and/or food waste. BULK RECYCLING. Large recyclable items too large to fit into recycling containers such as cardboard boxes, plastic toys, etc. Bulk recycling does NOT include nonrecyclable material such as items described in bulk refuse, windows or other large pieces of glass and green waste material. BY-PRODUCTS. Any commercial or manufacturing establishment which by the nature of its operations creates an unusual amount of by-product refuse is required by the City to dispose of its own wastes. By-products shall not be disposed of in City containers. COMMERCIAL. An account for business use; all retail and industrial uses not currently receiving solid waste or recycling service under the city's residential solid waste collection contract. CONSTRUCTION AND BUILDING MATERIALS. Materials from construction, demolition, remodeling and construction site preparation including, but not limited to rocks, trees, debris, bricks, fill plaster and all types of scrap building materials. All owners, contractors and builders of structures shall, upon the completion of any structure, gather up and haul away, at their sole cost and expense, all refuse of every nature, description or kind, which has resulted from the building of such structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, including all packaging from which said materials were removed, and shall restore the lot and all nearby premises utilized in such construction in a sightly condition. Construction and building materials are not picked up by the City. CONTAINER. A durable plastic receptacle of various sizes designed in accordance with city standards for use with an automated solid waste and recyclable materials program. CUSTOMER. Includes accounts for single-family dwellings as referenced in the city's zoning ordinance ("resident") and other than single-family dwelling accounts for the purposes of this chapter. The property owner, person, renter, lessee, occupant, government agency, nonprofit and/or entity responsible for payment of the sanitation service, which includes any account where refuse, recycling, or bulk collection provided by the City. The property owner and renter, lessee, occupant, government entity or other entity utilizing the service are joint and severally responsible for payment as the customer. This provision applies to all property owners whether or not they have signed up for sanitation service. DANGEROUS WASTE REFUSE. Explosives such as small arms ammunition, war souvenirs or explosive black powder of any kind, dynamite and highly inflammable materials or ashes which contain sufficient heat to generate a fire and such other similar

refuse which if handled without knowledge thereof would cause bodily harm. Any refuse which may reasonably be expected to cause harm to a person or damage to property, which includes but is not limited to explosives such as ammunition, war souvenirs or explosive black powder of any kind, dynamite and highly inflammable materials or ashes which contain sufficient heat to generate a fire and such other similar refuse which if handled without knowledge thereof would cause bodily harm Dangerous waste shall not be disposed of in City containers and is not picked up by the City. GARBAGE. All putrescible wastes, except sewage and body wastes, including all organic wastes that have been prepared for, or intended to be used as, food or have resulted from the preparation of food, including all such substances from all public and private establishments and residences. GREEN WASTE. All uncontained tree limbs, branches, palm fronds, shrub trimmings, grass clippings and other landscape debris that can be composted that do not exceed four foot in length. Brush, tree branches, palm fronds and the like that are placed for bulk collections shall not exceed four feet in length and be placed in neat order parallel to one another at the appropriate bulk collection points on designated green waste collection days by appointment. Any yard waste less than one foot long and all grass clippings must be boxed or placed in an approved container. Green waste does not include other landscape material such as dirt, sod, or hardscape materials such as gravel and bricks. HAZARDOUS WASTE. Any chemical compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be hazardous, as that term is defined by or pursuant to federal or state law or regulations. Any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of hazardous substances, hazardous waste, hazardous materials or toxic substances now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, compound, mixture, substance or article, asbestos, PCBs and similar compounds and including any different products and materials which are subsequently found to have adverse effects on the environment and health and safety of persons. INSTITUTIONAL. An account for any governmental agency or non-profit organization not receiving solid waste or recycling service under the City's residential solid waste collection contract. LITTER. Any rubbish, trash, weeds, filth or debris which constitutes a hazard to public health and safety and shall include all putrescible and nonputrescible solid wastes, including garbage, trash, ashes, street cleanings, dead animals, abandoned automobiles,

appliances and solid market and industrial waste; any deposit, accumulation, pile or heap of brush, grass, debris, weeds, cans, cloth, paper, wood, rubbish or other unsightly or unsanitary matter of any kind whatsoever; and any growth of weeds, brush, grass or other vegetable growth to a height of over six inches. Any debris created during any construction shall be considered LITTER for purposes of this section. MULTI-FAMILY. An account for a multi-family dwelling such as apartments, condominiums, townhomes, and the like, which receive solid waste collection service from the city's solid waste collection contract using containers designed to service more than one dwelling unit. PRIVATE PREMISES. Any dwelling, house, building or other structure designed or used either wholly or in part for residential, commercial or industrial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to such dwelling, house, building or other structures. PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. RECYCLING. The removal of some materials, such as plastic, paper, glass and aluminum cans, from the waste stream and placing them back in product manufacture. RECYCLING CONTAINER. A container provided by the City for the disposal of items that meet the definition of recycling. REFUSE CONTAINER. A container provided by the City for the disposal of items that meet the definition of refuse. REFUSE. All garbage and trash. RESIDENT. An account for a single-family dwelling as referred to in the city's zoning ordinances. RESIDENTIAL. An account for a single-family detached dwelling which receives solid waste collection service from the city's solid waste collection contract using City provided containers ranging in size from 35 gal. to 95 gal. or multi-family dwellings such as apartments, condominiums, townhomes, and the like, using equipment and containers designed to service more than one dwelling unit. RESIDENTIAL UNCONTAINED REFUSE. Uncontained tree limbs, branches, palm fronds, hedge clippings, cardboard boxes, light metal pipe less than one inch in diameter, with no objects exceeding four feet in length, and uncontained household appliances and household furniture.

TRASH. All nonputrescible wastes. UNCONTAINED REFUSE. Items that cannot be bagged or otherwise placed inside a refuse or recycling container due to size or content that meet requirements set forth in the definitions provided in the chapter. Includes residential uncontained refuse as defined above. (Ord. 08-1151, passed 12-15-2008) 10-1-2 COLLECTION AND DISPOSAL. All refuse in the city, unless otherwise provided for in this chapter, shall be hauled for disposal by the city or those authorized or licensed by the city, and only in containers provided by the city. No person or entity, unless otherwise provided for in this chapter, shall collect, gather, haul or dispose of refuse within the city, and no resident shall receive refuse and recycling collection services except those with city-provided containers. Only accounts that have paid all outstanding sanitation and utility fees in accordance with Chapters 10, 12, and 14 of the Goodyear City Code will receive cityprovided containers for refuse and recycling collection. (Ord. 08-1151, passed 12-15-2008) 10-1-3 COLLECTION HOURS. The hours of collection of refuse, recycling and bulk collection shall be designated by the Sanitation Division of the Public Works Department. (Ord. 08-1151, passed 12-15-2008) 10-1-4 RULES, REGULATIONS AND SANITATION FEES. The Mayor and Council by way of resolution shall set the rates for refuse collection within the city and shall make such rules and regulations as may from time to time be necessary to properly administer and enforce this chapter and for making the services of the city available for the collection of refuse to all single-family residences, multi-family dwellings, certain commercial and institutional buildings, businesses and property occupied or used by a person or entity upon which refuse is found or upon which an activity creates waste. The sanitation fees shall be set by resolution of Council, with differing rates for single-family residential, multi-family residential, commercial and institutional contained refuse and recycling and for single-family residential uncontained trash. Council is authorized to adjust rates annually effective July 1 of each year by the May-to-May Consumer Price Index for All Urban Consumers (CPI-U). All new accounts will pay a nonrefundable application fee in an amount to be set by resolution of Council. (A) Payment of sanitation fee. The rate which constitutes the sanitation fee hereafter set forth in divisions (B), (C) and (D) of this section shall be payable to the city

by every person or entity for each single-family home, multi-family dwelling, building, business or property occupied or used from which an activity is carried on which generates refuse or upon which refuse is found or which is connected to a water source of any type. The sanitation fee provided for in divisions (B), (C) and (D) of this section as applicable to single-family residential shall be billed to and payable by any person or entity connected to any water source, irrespective of whether or not refuse is collected or picked up at such location. When a residential disconnection is made from such water sources and exists in one or more full calendar months, the sanitation fee shall abate for each full calendar month during the period of disconnection. When a disconnection is made from such water sources, as applied to other than residential, the sanitation fee provided for in division (C) of this section shall be charged only for the number of pickups scheduled prior to the period of disconnection. The sanitation fee herein established shall not include hazardous waste pickup or disposal or any other pickups or transportation of refuse accepted from any exclusiveness provided for in any contracts for commercial and/or residential waste collection and disposal entered into by the city and a contractor. (B) Single-family residential refuse and recycling. The fee for single-family residential trash collection will be a monthly sanitation fee, which amount will be set by resolution of Council. Each new address to receive sanitation services after July 1, 2007, shall receive such services only utilizing city-owned, -maintained, and -issued containers. (C) Single-family residential uncontained trash. The monthly fee for single-family residential uncontained trash will be in an amount set by resolution of Council. (D) Container choice. Residents may select the size of refuse and recycling containers for use in the city's automated trash collection services at the time the account is activated, and one change in each container size will be permitted each fiscal year without incurring any additional fee. Two or more changes for each refuse or recycling container will result in the assessment of a nonrefundable administrative fee in an amount set by resolution of Council. (E) Additional refuse containers. Residents may request an additional container for refuse provided the resident is utilizing the largest container size. Residents shall be responsible for the initial cost of the additional container based on the current cost to the city for the service of this container, and residents shall be billed an additional monthly fee, in an amount set by Council by way of resolution, for the collection of this additional refuse container. Any resident with physical or storage limitations that require multiple, smaller containers may be accommodated upon request. (F) Additional recycling containers. Residents may request an additional container for recycling provided the resident is utilizing the largest container size. Any resident with physical or storage limitations that require multiple, smaller containers may be accommodated upon request. Residents will not be billed an additional monthly fee for the collection of the additional recycling container.

(G) Refuse only fee. If a resident fails to accept a recycling container or the recycling container had to be removed due to excessive contamination, the resident must pay an additional monthly fee, which amount shall be set by resolution of Council. (H) Manual collection fees. The Council may establish by way of resolution special rates or charges when manual collection of refuse is required by unusual, unique or special needs. The rates and charges for such services will be based upon the cost of the services provided and added to the monthly bill. (I) Replacement container fee. The Council may establish by way of resolution replacement costs for containers lost or damaged by the negligence of residents, or for containers that are not returned by resident upon closing an account. The cost of 35-, 65- and 95-gallon containers will be based on the most current container prices applied from container resin price adjustments. Removing containers from closed accounts and applying replacement costs for containers that are not recovered from residents upon closing an account will be at the discretion of the city, or whenever the city deems it necessary. (J) Multi-family residential refuse and recycling. The fee for multi-family residential refuse and recycling collection will be a monthly sanitation fee, which amount will be set by resolution of Council. Each address shall receive sanitation services only utilizing city provided and maintained containers. Participation in the city's solid waste program is mandatory for all multi-family residential dwelling units. Various sizes of containers will be available for refuse and recycling. The frequency of collection service will vary according to the number of units served and the volume of trash and recycling generated. (K) Commercial refuse and recycling. The fee for commercial refuse and/or recycling collection will be a monthly sanitation fee, which amount will be set by resolution of Council. Participation in the city's solid waste collection program is optional for commercial entities. Each address receiving sanitation services shall receive such services only utilizing city provided and maintained containers. Various sizes of containers will be available for refuse and recycling. The frequency of collection service will vary according to the volume of trash and recycling generated and the size of containers selected. (L) Institutional refuse and recycling. The fee for institutional refuse and/or recycling collection will be a monthly sanitation fee, which amount will be set by resolution of Council. Participation in the city's solid waste collection program is optional for institutional entities. Each address receiving sanitation services shall receive such services only utilizing city provided and maintained containers. Various sizes of containers will be available for refuse and recycling. The frequency of collection service will vary according to the volume of trash generated and the size of containers selected.

(M) Unscheduled or excessive bulk collections. The fees for unscheduled or excessive volume pick up and disposal of uncontained green waste or bulk will be set by resolution of Council. (N) Bulk roll-off collections. The fees for drop-off pick up and disposal for various sizes of roll-off dumpsters utilized for short term collection periods to be used for collecting a variety of trash will be set by resolution of Council. (Ord. 08-1151, passed 12-15-2008) 10-1-5 BILLING; PAYMENT; ADDITIONAL FEES; TERMINATION OF SERVICES AND CREATION OF LIEN. (A) Billing, payment, delinquency and discontinuance of service. At the time of applying for services provided pursuant to this chapter, the applicant shall provide the name, current mailing address and telephone number of the property owner. The residential property owner, commercial tenant or institutional property owner will be responsible for paying any unpaid amounts upon terminating service. Service for a time period of seven days or less shall be charged a minimum rate; service greater than seven days shall be charged at a prorated monthly rate. All rates and service charges are due and payable when rendered. Payment must be received by the due date printed on the bill. If the total amount of such bill is not paid by the due date, a notice of delinquency and intent to terminate service will be mailed to the property owner indicating the scheduled termination date. If the total amount due on such bill shall not be paid prior to the scheduled termination date, the notice of delinquency and intent to disconnect having been given, service will be terminated. Any account that is deemed delinquent and has been terminated, the contractor, on behalf of the city, shall remove the containers. Failure of the property owner to leave containers in an accessible area for removal at termination due to account delinquency shall result in the assessment to the property owner of the replacement cost of the containers, which amount shall be added to the bill. (B) Delinquent account fee. Commencing with billings mailed on September 28, 1990, there is imposed and added to each billing a fee of 1.5% of the unpaid balance of any account which is not paid timely as required in division (A) of this section. In the event a payment plan has been agreed upon by the City Manager or his or her designee for the payment of any delinquent amount, the billing fee herein provided for shall not apply unless the customer fails to comply with the payment agreement. (C) Administrative fee for notice of intent to terminate service. There is imposed and added to each billing an administrative fee against any account with respect to which the city has sent a notice of intent to terminate service for nonpayment. If such an account includes billings for services other than garbage and trash collection, only one fee shall be charged with respect to a notice pertaining to such a consolidated billing. The amount of this fee shall be set by resolution of Council.

(D) Account activation fee. Any customer applying to the city for the services described in 10-1-4, and not having paid a fee to activate an account in the customer's name for any utility services under this chapter or Chapter 12 or 14 at the site for which the application is made, shall pay a fee, in an amount established by resolution of Council, to activate the account for the service; the fee shall be nonrefundable and shall be referred to as the account activation fee. (E) Not sufficient funds check fee. In addition to all other fees and charges, in the event a customer's payment check for any fee or deposit due the city from a customer under the provisions of this chapter is returned to the city by the customer's bank for insufficient funds, no account or by reason of a stop payment order, customer shall pay a fee to the city in an amount established by resolution of Council. The fee shall be referred to as a not sufficient funds check fee. (F) Collection efforts. In the event a customer fails to pay any sum due the city under the provisions of this chapter, the city shall have the right to pursue collection efforts which may include the utilization of collection agencies and reporting of the delinquency to the national credit bureaus. (G) Lien. In the event a customer thereafter fails to pay any sum due the city under the provisions of this chapter and after reasonable collection efforts have been made on the part of the city or its authorized collection agent, the city shall have a lien on the real property to which the service is provided for the amount of any such unpaid sums. The lien shall exist for a period of five years from and after a claim for lien is filed in the public records of Maricopa County, Arizona. Such lien must be filed within one year after the due date of the "final request for payment" included therein and any action to foreclose such lien shall be filed in the Superior Court of Arizona, Maricopa County, within five years from the date such lien is filed in such county and shall be foreclosed in the same manner as a judicial foreclosure of a mortgage on real estate and in accordance with the rules applicable thereto. Where the property owner of the property subject to this lien is other than the customer, the city shall give to the owner of record of the property to which service was provided written notice of intent to file the lien herein at least 30 days prior to the filing thereof and, if the sum due for which said lien is claimed is paid prior to the expiration of said 30-day period, no such lien shall be filed for the amount paid. Such notice shall be given through the United States mail, postage prepaid, addressed to the address of the owner of such property as appears on the Assessor's records for such property. Upon payment of any such lien, the City Manager or his or her designee is authorized to release said lien for and on behalf of the city. (H) Hearing. Prior to terminating service for nonpayment of amounts due, if there is any dispute concerning the monies owed, an opportunity will be provided for a hearing for the consumer or owner of the property with the City Manager or his or her designee. (I) Payment of all charges. Provided the city sends any notice to the owner (assuming the city has been given the name and address of the owner), if other than the customer, the owner shall be responsible for payment of all charges, including interest

and penalties to the same extent as the consumer, whether or not such notice is actually received. Services shall not be reinstated until all past due amounts, interest and penalties have been paid in full. The designee of the City Manager shall have authority to compromise disputed billings. (I) Payment of all charges. (1) Residential. The owner shall be responsible for payment of all charges, including interest and penalties. Services shall not be reinstated until all past due amounts, interest and penalties have been paid in full. The designee of the City Manager shall have authority to compromise disputed billings. (2) Commercial. The owner or the corporation establishing the account shall be responsible for the payment of all charges including interest and penalties for all agreed-to containers and services provided. (3) Institutional. The governmental agency shall be responsible for the payment of all charges including interest and penalties for all agreed-to containers and services provided. (J) Penalty Fee. "Failure to sign up for sanitation service with the City within thirty (30) days of application for water service may result in the imposition of a financial penalty of up to $250 at the time of application. The City Manager or designee at their discretion may waive the penalty fee." (Ord. 08-1151, passed 12-15-2008) 10-1-6 APPLICATION FOR SANITATION SERVICE. (A) A person or entity who is responsible for payment of sanitation fees as described in 10-1-4 shall provide the city with the following information with respect to each service address, whether new service or transfer of service: (B) Residential. (1) Name of responsible party (must be an individual). (2) Social security number or driver's license number. (3) Service address. (4) Mailing address. (5) If property owner, escrow number and title company name. (6) If agent, proof of agency.

(7) Employer's name, address and phone number. (8) Requested turn-on date. (C) Commercial. (1) Name of responsible party (corporate name and individual name of corporate officer or store manager). (2) Corporation taxpayer identification number. (3) Service address. (4) Mailing address. (5) If property owner, escrow number and title company name. (6) If tenant, copy of lease or rental agreement. (7) If agent, proof of agency. (D) Institutional. (1) Name of responsible party. (2) Corporation taxpayer identification number. (3) Service address. (4) Mailing address. (5) Requested turn-on date. (E) Multi-family. (1) Name of responsible party (management company). (2) Corporation taxpayer identification number. (3) Service address. (4) Mailing address. (5) Requested turn-on date. (Ord. 08-1151, passed 12-15-2008)

10-1-7 DISCONTINUANCE OF SANITATION SERVICE; SUSPENSION OF SERVICE FEE. (A) All requests for discontinuance of sanitation service must be made by the responsible party or his or her authorized agent. When discontinuance of sanitation service is requested from any premises all charges for services supplied to the premises shall be calculated and due on the date specified on the bill. The customer requesting discontinuance of service must furnish a change of address. Proof of request to discontinue service is required on all accounts where an agent other than the city provides water service. (B) Until notice shall have been made, the premises shall be deemed occupied and all charges relating to the amount will be paid by the responsible party. (C) Any account that is discontinued and reactivated within a year will be subject to a service suspension fee, the amount to be set by resolution of Council. (D) When the former customer has been notified of the amount of the billing remaining due after deduction of customer's deposit, any amounts remaining due may be assigned to a collection agency. (Ord. 08-1151, passed 12-15-2008) ARTICLE 10-2: PREPARATION OF REFUSE FOR COLLECTION Section 10-2-1 Preparation of refuse 10-2-2 Location for pick up 10-2-3 Lids and covers 10-2-4 Use of containers 10-2-5 Bulk refuse collection services 10-2-1 PREPARATION OF REFUSE. All refuse shall be prepared for collection or disposed of as follows, according to the nature and type of refuse as further set forth in the definitions provided in the chapter, using the appropriate designated City container or placed appropriately for bulk collection. The following additional information is provided for clarification and direction.

(A) Refuse. The city shall furnish containers for the accumulation, storage and collection of all garbage and recycling. The weight of each container, when loaded for collection, shall not exceed 122 pounds for 35-gallon containers, 150 pounds for 65- gallon containers, or 332 pounds for 95-gallon containers. (1) Single-family residential. The city shall provide single-family residential accounts with their choice of three sizes of containers for refuse and recycling. (2) Commercial, multi-family and institutional. The city shall provide a variety of commercial size containers ranging from 300-gallon to eight-yard containers. The size of the container supplied shall be determined by anticipated volume and service frequency. (B) Recycling materials. Collection of single-family residential recycling materials will be available only by the use of city-issued recycling containers. The refusal of a residential account to accept a recycling container for use shall result in an additional fee as set forth in 10-1-4(G). (C) Yard waste, sharp objects. Green waste. Brush, tree branches, palm fronds and the like that are placed for bulk collections shall not exceed four inches feet in length and be placed in neat order parallel to one another at the appropriate bulk collection points as set forth in 10-2-5. Any yard waste less than one foot long and all grass clippings must be bagged and preferably placed in the refuse container. Bagged grass may be placed out for bulk collection. Materials with a cutting edge or point, such as glass or cacti, must be securely contained so as to prevent the exposure of any sharp points or edges. Any small, bulk debris remaining after collection shall be the property owner's responsibility to collect and place the small debris in the refuse container. (D) Sharp objects. Materials with a cutting edge or point, such as glass or cacti, must be securely contained so as to prevent the exposure of any sharp points or edges. Any small, bulk debris remaining after collection shall be the property owner's responsibility to collect and place the small debris in the refuse container. (D)(E) Dog and cat refuse. All dog and cat refuse must be bagged and placed in city-issued refuse containers. (E)(F) Appliances and vehicles. The city will collect discarded appliances from dwelling premises that two persons can readily lift into a truck. The customer shall remove or cause to be removed all other appliances, vehicles or equipment classed as refuse from their premises or the public right-of-way. For reasons of safety, all doors to appliances shall be removed, or latches or closing devices removed, in such a manner to allow an individual or animal to escape from the interior of the appliance. Boats, motorcycles, motorized vehicles or large vehicle parts will not be collected. (F)(G) Building materials. All owners, contractors and builders of structures shall, upon the completion of any structure, gather up and haul away, at their sole cost and

expense, all refuse of every nature, description or kind, which has resulted from the building of such structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, including all packaging from which said materials were removed, and shall restore the lot and all nearby premises utilized in such construction in a sightly condition. Residential customers may dispose of small amounts of building materials from time to time, providing it is placed in a container as described above and contains no concrete, masonry or soil. (G)(H) By-products. Any commercial or manufacturing establishment which by the nature of its operations creates an unusual amount of by-product refuse may be required by the city to dispose of its own wastes as opposed to having the city provide the service. (HI) Dangerous waste. Dangerous wastes shall be placed in a proper container, plainly marked DANGER. The city reserves the right to deny service for certain dangerous wastes and to require the customer to properly dispose of it by other means. For purposes of this division, DANGEROUS WASTE shall mean any waste which may be reasonably expected to cause harm to a person or damage to property and a PROPER CONTAINER shall be deemed to be such container as can be reasonably expected to prevent the dangerous waste from harming any person or damaging any property. (I) (J) Soil, concrete and pallets. Waste soil, concrete, masonry blocks, pallets, sod and rocks shall be disposed of by the owner, tenant or occupant of the premises by means other than city issued containers. (J)(K) Hazardous waste. No hazardous waste is to be disposed of through this system. As used in this division, the term HAZARDOUS WASTE means any flammable items, explosives, radio active materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of hazardous substances, hazardous waste, hazardous materials or toxic substances now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds and including any different products and materials which are subsequently found to have adverse effects on the environment and health and safety of persons. (K)(L) Illegal dumping of bulk refuse. Debris that is visible from the street, and that is not left for disposal as described herein and considered illegal dumping by the Public Works Director, may be removed by the city within two weeks after proper notice to the property owner or tenant. Cost of removal shall be included in the next monthly bill. (L)(M) Spillage. The property owner or tenant is responsible for the cleanup of spillage and/or residual refuse and/or recycling that is caused by container overflows, inclement weather, foraging or bulk collections.

(Ord. 08-1151, passed 12-15-2008) 10-2-2 LOCATION FOR PICK UP. Containers used for single-family residential automated refuse collection shall be placed for collection in an unobstructed passage, street or alley as follows. (A) Where there is an alley in the rear of the premises, the refuse container shall be placed immediately adjacent to the alley or in the alley in such a manner as not to impede vehicular access. The recycling container shall be placed at the curb in front of the premises as not to be hazardous to pedestrians or vehicles. (B) Where there is no alley, and if approved by the Public Works & Water Resources Director or designee, containers shall be placed at the curb in front of the premises except at a corner lot where containers may be placed at the curb of the side street. Refuse and recycling containers may not be placed on sidewalks or curbing in any manner as to interfere with or be hazardous to pedestrians or vehicles. If more than one container is placed out for collection, the containers must have at least three feet of separation in order to accommodate automated collection. Containers should not be located closely to a parked vehicle, mailbox, fence, fire hydrant, plant materials, or other such restrictive objects in order to facilitate safe and efficient automated collection. (C) When necessary to set containers at the front curb, they may be set out after 6:00 p.m. of the day preceding regular collection and shall be removed from the curb by 6:00 a.m. of the day after collection. Containers shall be stored between collections in such a manner that they are not readily visible from the street. (D) All containers in multi-family, commercial and institutional zoning districts shall have containers larger than 95-gallon screened as required by the zoning ordinance. (Ord. 08-1151, passed 12-15-2008) Penalty, see Art. 1-8 10-2-3 CONTAINER LIDS. The lids or covers of all containers shall at all times be kept closed so that flies and other insects may not have access to the contents and shall only be opened while the containers and receptacles are being filled, emptied or cleaned. Residents shall report any damaged container lids or container lids that do not fit securely on the container. (Ord. 08-1151, passed 12-15-2008) Penalty, see Art. 1-8 10-2-4 USE OF CONTAINERS. (A) Unauthorized use. It is unlawful for any person to deposit, or cause to be deposited, any refuse or recycling in any container that they are not authorized to use as a tenant or as the account holder.

(B) Container maintenance. Residents are required to properly bag all refuse before placing in a container, and to keep containers sanitary and secure. Residents shall not place any hot ashes, hazardous materials, or any objects that could result in damage to the container. Any container that is damaged due to the negligence of the resident shall be replaced at the expense of the resident. (C) The contractor, as the city's agent, shall be responsible for all other maintenance, including replacement of wheels, lids, or container replacement for reasons other than resident's negligence. (Ord. 08-1151, passed 12-15-2008) Penalty, see Art. 1-8 10-2-5 BULK REFUSE COLLECTION SERVICES. All bulk refuse shall be prepared for collection or disposed of, according to the nature and type of refuse as further set forth in the definitions provided in the chapter. The following additional information is provided for clarification and direction. (A) Bulk refuse. (1) Items that cannot be placed inside a container due to size or content. Residential bulk refuse should not exceed two cubic yards per each collection date in a one week period. (2) Items of bulk refuse which are not accepted for residential collection are: (a) (b) (c) (d) Tree limbs and branches more than four feet in length; Uncontained leaves, cactus, weeds, and grass; Pipe more than one inch in diameter or more than four feet in length; Motor vehicle tires or tires of any other type; (e) Hazardous waste such as paint, oil, lead acid batteries, infectious and or medical waste; and/or (f) (g) Concrete, cement blocks, bricks, dirt, rocks, pallets and household refuse; Large auto and boat parts. (A) Bulk. Bulk service shall only be provided to residential accounts that have an active sanitation account. This service is provided and included in the monthly rate. Bulk service shall provide collection for bulk waste, green waste and bulk

recycling. These collections shall include items that can not be placed inside a container due to size or content. Material placed out for bulk collection shall not exceed two cubic yards per each collection. Commercial, multi-family and institutional accounts being served by larger commercial containers (300-gallon to eight-yard containers) shall only receive bulk collection by requesting roll-off container service. (B) Placement of bulk materials. Bulk material may be set out after 6:00 p.m. of the day preceding collection and no later than 6:00 a.m. of the scheduled collection day. Bulk material placed out after 6:00 a.m. of the scheduled collection day may not be serviced. Bulk collection piles must be placed, in neat stacks no farther than four feet from the sidewalk or curb edge; or on the street parallel to the curb line in such a manner that does not obstruct vehicle or pedestrian traffic. All piles shall be a minimum of five feet away from fences, cable junction boxes, electrical junction boxes, gas meters, water meter boxes, fire hydrants, mailboxes or any structure that may lead to property damage or injury. The city shall not responsible for any property damage caused by improper bulk collection placement, including damage from bulk placed on or near existing landscaping. If bulk material cannot be placed for collection as set forth in this section, the city, at the discretion of the Public Works and Water Resources Director, may allow collection of bulk material only after a waiver is signed by the responsible party, which releases the city from any and all damages or liabilities associated with the bulk material point of collection as agreed by the responsible party. (C) Collection Abuse. Material placed out for collection shall not exceed two (2) cubic yards of material per collection. Accumulative collection quantities within a one (1) month period shall not exceed four (4) cubic yards and accumulative collection quantities within a one (1) year period shall not exceed twelve (12) cubic yards. Excessive amounts of green waste which exceeds the amount of landscaping that can be reasonably produced on the site, green waste produced by a landscape contractor for the residence or large amounts of any type of material that are atypical of a residential address shall be considered excessive and will be collected at the discretion of the City. Excessive amounts of material, if collected, will be billed at a rate set by Council in addition to the normal residential monthly rate. More than six (6) collections within a month shall be considered excessive if the quantities of material placed out for collection are also excessive. In addition to being billed for excessive material, the ability to schedule further collections will be restricted or prohibited until the bill for excessive collections is paid. Scheduling more than six (6) collections within a year that were not canceled within the cancelation period and were unused by a resident will be considered collection abuse and will result in the account having restricted access to further collection requests. Placing material out for collection that is less than the equivalent of one 60 gal plastic bag or one cardboard box with dimensions of 15 x 18 x 15 shall be considered abusive as such material can reasonably fit into a refuse or recycling container supplied by the City to handle this minimal quantity of material. Repetitive placement of a similar type of material that exceeds the reasonable expectation of what would be found in a residential home shall be considered collection abuse. Repetitive placement of a

similar material will be indicative of a commercial operation taking place within a residential unit and will not be collected.