A. All persons shall be entitled and required to utilize the services of a solid waste hauler licensed by the city, or services of the city in the event it elects to be the collector, using such schedule and routes as shall be determined and approved by the city and filed with the city clerk, public works director or designee.
B. The city may contact the city-contracted collector to confirm service.
C. For any violation of this section, the code compliance officer may issue a civil infraction with the applicable fine, as described herein.
D. If service is not maintained by a required customer, the following fines apply:
1. Twenty-five dollars per day per container for a required residential customer.
2. Two hundred fifty dollars per day per container for a required commercial and/or multifamily customer.
E. Subsequent Violations. If the same violator has been found to have previously committed an infraction violation for the same or similar conduct under this chapter or other similar code or statute or regulation two or more separate times, any further violations shall constitute misdemeanors, punishable as provided in Chapter 1.24 BMC. For the purposes herein, it shall be prima facie evidence that the same violator has previously been found to have committed any infraction if a certified copy of the judgment, docket, or other court document showing that such violation was found committed is filed with the court.
F. If a property owner is found to have committed any infraction under this chapter, the property owner shall be responsible for costs associated with nonprosecutorial city staff involvement in court proceedings, provided such costs are not prohibited by state law. Such costs may be billed to the property owner or may be requested as restitution in court proceedings. (Ord. 2260 § 3, 2018; Ord. 2172 § 1, 2015; Ord. 2118 § 1, 2013; Ord. 1826 § 1, 2000; Ord. 1686 § 11, 1997; Ord. 575 § 14, 1970).