§ 200. Residential solid waste collection.

A.

All residential solid waste shall be removed, transported and/or disposed of under the exclusive control and regulation of the authority subject to the provisions of this title and to such rules and regulations adopted pursuant to the provisions of this title.

B.

Residential solid waste shall be collected, removed, transported, and disposed of only by the authority, its agents, employees, or persons with whom it shall contract. All other persons are prohibited from all such activities except as may be provided in the rules and regulations adopted pursuant to the provisions of this title. Every person occupying or having control of the occupancy of any residential service unit shall be deemed to have entered into an implied contract with the authority providing for the payment by such person for residential solid waste collection, recycling, processing and disposal service at the rate and manner specified in this title. The charges for the first and last billing for such service shall be prorated according to the number of calendar days within the billing periods, based on a thirty (30) day billing period for one month's service. The contract shall give the name and the official address of the person to whom the service is to be rendered and shall reserve to the authority the rate to be charged and collected for the collection, processing and disposal of residential solid waste. The contract shall provide that rates may be changed at any time by ordinance and shall specify that the contract is subject to all provisions of this title, rules and regulations adopted pursuant thereto, and any City ordinance relating to this subject hereinafter enacted.

C.

Subject to TARE's existing collection and disposal contracts with its contractors and to rules and regulations promulgated by the Director, each residential service unit may choose between curbside, backyard collection service, extended backyard collection service, and physically limited services for collection of residential solid waste and program recyclable materials. Subject to TARE's existing collection and disposal contracts with its contractors, rules and regulations promulgated by the Director, and other applicable restrictions, the residential service unit may also choose between once per week or twice per week collection service and may choose to receive a solid waste cart with a capacity of ninety-six (96) gallons, sixty-four (64) gallons, or thirty-two (32) gallons. Residential service units choosing a solid waste cart with a capacity of ninety-six (96) gallons may elect to receive additional ninety-six (96) gallon solid waste carts. The authority shall have the authority to designate the location for collection, with consideration for such factors as: convenience for the collector; convenience for customers; hazardous condition such as cables, utility poles, equipment clearance, animals; and collection costs.

D.

The authority shall charge a fee for each service or level of service in an amount fixed by the authority and approved by the City Council.

E.

A person requesting physically limited services shall submit an application to the authority for approval. Such application shall be in a form prescribed by the Director or designee. The application shall be certified by a licensed physician, or licensed physicians, stating that the applicant suffers from certain infirmities of health, physical disability or age which makes him or her unable to place residential solid waste and program recyclable materials at curbside. A certification may also be made by a doctor of optometry where an applicant's disability is eye-related. The applicant shall certify that each person residing at the residence suffers from certain infirmities of health, physical disability or age which make them unable to place residential solid waste and program recyclable materials at curbside. Approved applicants will be reviewed through field verifications on an annual basis.

F.

In the event a multi-family structure or complex is comprised of individually metered family units and that structure or complex is located on roads or streets not owned or maintained by the City and the individual family units or owners are parties to acceptable covenants of common maintenance, upon application, the structure or complex may be designated as commercial by the Director.

(Ord. No. 24035 , § 1, 11-7-2018)