§ 8.06.310. Rules and regulations.

(a)

The collection and subsequent transportation and disposal of commercial debris within the city is under the supervision of the administrator who shall have the power to promulgate rules and regulations regulating such collection and subsequent transportation and disposal, including but not limited to:

(1)

Commercial debris generation, storage, recycling, recovery, accumulation, collection, removal, transportation and disposal;

(2)

The manner in which commercial debris collection and recycling services are provided;

(3)

Types of commercial debris and recycling containers and vehicles used therefor;

(4)

The operation and maintenance of sanitary methods of commercial debris disposal.

The administrator shall have the power to establish and impose fines for violations of any of the rules and regulations.

(b)

A copy of the rules and regulations and all amendments thereto shall be sent by registered or certified mail, postage prepaid, to all affected franchisees addressed to their last place of business. To the extent not otherwise provided by law, it is unlawful for a franchisee to collect and subsequently transport or dispose of commercial debris contrary to any regulation, order, permit or requirement promulgated by the administrator.

(c)

All such rules and regulations shall be consistent with the provisions of this chapter and shall be effective on the thirtieth day following the filing of any such rules and regulations with the city clerk.

(d)

Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the city clerk. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the city clerk shall schedule the appeal for a public hearing by the city council, notice of which shall be given in the manner prescribed by Section 8.06.240 of this chapter. At the conclusion of the public hearing, the city council shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The city council determination in this regard shall be final.

(e)

Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the city council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision that rescinds or modifies the regulation shall apply prospectively.

(f)

It is unlawful and constitute a violation of this chapter for any person to violate or otherwise fail to comply with any rule or regulation issued pursuant to this section.

(Ord. 732B §1(part), 2003)