Ordinance 68 of 2012

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SALT LAKE CITY ORDINANCE

No. 68 of 2012

(Solid Waste and Recyclable Items)

     An ordinance amending Sections 9.08.010, 9.08.030, 9.08.095, and 9.08.115 of the Salt Lake City Code, relating to solid waste and recyclable items.

     Be it ordained by the City Council of Salt Lake City, Utah:

     SECTION 1. That Section 9.08.010 of the Salt Lake City Code, relating to solid waste and recyclable items, be, and the same hereby is, amended as follows:

9.08.010: DEFINITIONS:

For the purposes of this chapter the following terms, phrases and words shall have the meanings given in this section:

AGRICULTURAL WASTE: The manure or crop residues from various agricultural pursuits, including, but not limited to, dairies and the raising of livestock and poultry.

ASBESTOS WASTE: Friable asbestos, which is any material containing more than one percent (1%) asbestos as determined using the method specified in appendix A, 40 CFR part 763.1, 2001 edition, which is adopted and incorporated by reference, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.

AUTOMATED GLASS RECYCLING CONTAINERS: Containers provided by the city or service provider for the removal of recyclable glass by the service provider.

AUTOMATED GREEN WASTE CONTAINERS: Containers provided by the city for removal of green waste by the service provider.

AUTOMATED RECYCLING CONTAINERS: Containers provided by the city for removal of recyclable items by the service provider.

AUTOMATED REFUSE CONTAINERS: Containers provided by the city to residences for removal of refuse by the service provider.

BULKY WASTE: Items of refuse or green waste, or recyclable items, that are too large to fit entirely within the appropriate automated refuse, green waste, or recycling container, including, but not limited to, appliances, furniture, trees, large branches, and stumps.

CITY COLLECTION SERVICE: The removal by the service provider of refuse contained in approved automated refuse containers ("refuse collection service"); green waste contained in approved automated green waste containers ("green waste collection service"); recyclable items in approved automated recycling containers ("recycling collection service"); and special collection events described in subsection 9.08.030G of this chapter.

CONSTRUCTION AND DEMOLITION WASTE: Solid waste resulting from the construction, remodeling, repair, or demolition of structures, from road building, and from land clearing. Such waste includes bricks; masonry materials such as concrete, soil, rock, wall coverings, plaster, drywall, and other inert material; plumbing fixtures; asbestos free insulation; roofing shingles; asphaltic pavement; glass; plastics that are not sealed in a way that conceals other wastes; wood; concrete reinforcing material; and metals that are incidental to any of the above. "Construction and demolition waste" does not include hazardous waste, asbestos containing material, garbage, fluorescent electrical fixtures containing mercury, refrigeration units containing chlorofluorocarbons, radioactive waste, waste tires, containers with liquid wastes, or fuel tanks.

ELECTRONIC WASTE: Consumer or business electronic equipment that is near or at the end of its useful life, including, but not limited to, computers, televisions, VCRs, stereos, copiers, and fax machines.

ELIGIBLE RECYCLING CUSTOMER: Any "person" (as defined in this section) who is the owner or property manager of a property, including a multi-family property, that does not receive city refuse collection services, if that property receives city water and sewer service and has access to a city curb located within the service provider's normal route of business. Eligible Recycling Customer does not include a resident receiving city refuse collection services.

GARBAGE: The portion of refuse made up of discarded animal and vegetable wastes resulting from the handling, preparing, cooking, and consuming of food, and of such a character and proportion as to be capable of attracting or providing food for insects or other arthropods, rodents, or other animals capable of transmitting the causative agents of human disease or adversely affecting public health and well being. Garbage does not include sewage and sewage sludge.

GLASS RECYCLING COLLECTION SERVICE: The removal by the service provider of recyclable glass contained in approved automated glass recycling containers.

GREEN WASTE: Items of yard waste and items of fruit or vegetable food waste that have not been mixed with or coated by any other type of food or waste.

GREEN WASTE COLLECTION SERVICE: The removal by the service provider of green waste items contained in approved automated green waste containers.

HAULER: A person engaged in the off site collection and transportation of solid waste by vehicle. "Hauler" shall include, but not be limited to, waste haulers, liquid waste haulers, waste tire haulers, and infectious waste haulers. "Hauler" shall not apply to a person engaged in transporting his or her own personally generated solid waste.

HAZARDOUS WASTE: A solid waste, or a combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed, or any solid waste listed as a hazardous waste under Utah administrative code sections R315-2-10 and 11, Utah hazardous waste management rules, or any solid waste that exhibits a characteristic of a hazardous waste as defined in Utah administrative code section R315-2-9, Utah hazardous waste management rules. The definition for "hazardous waste" in Utah administrative code section R315-2-3 is hereby incorporated by reference.

HOUSEHOLD HAZARDOUS WASTE: Solid waste generated and discarded from any single or multiple dwelling unit, campsite, ranger station, or other residential source that contains hazardous substances but is exempt from hazardous waste regulation under Utah administrative code section R315-2-4(c), Utah hazardous waste management rules. The container size normally and reasonably associated with households and household activities is five (5) gallons or less. Household hazardous wastes include, but are not limited to, chemical household cleaners, household pesticides and herbicides, paints and stains, paint removers, mercury containing compact fluorescent light bulbs, fluorescent light tubes, petroleum products, batteries (except for alkaline batteries), degreasers, and electronic waste.

INDUSTRIAL SOLID WASTE: Any solid waste generated at a manufacturing or other industrial facility that is not a hazardous waste or that is a hazardous waste from a conditionally exempt small quantity generator of hazardous waste, as defined by Utah administrative code section R315-2-5, Utah hazardous waste management rules, generated by an industrial facility. Industrial solid waste includes waste from the following industries or resulting from the following manufacturing processes and associated activities: electric power generation; fertilizer or agricultural chemical industries; food and related products or byproducts industries; inorganic chemical industries; iron and steel manufacturing; leather and leather product industries; nonferrous metals manufacturing or foundry industries; organic chemical industries; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic product industries; stone, glass, clay, and concrete product industries; textile manufacturing; transportation equipment manufacturing; and water treatment industries.

INFECTIOUS WASTE: A solid waste that contains pathogens of sufficient virulence and quantity that exposure to the waste of a susceptible host could result in an infectious disease. Infectious waste includes sharps.

LIQUID WASTE: A solid waste that contains "free liquids" as defined by method 9095 (paint filter liquids test), as described in "Test Methods For Evaluating Solid Wastes, Physical/Chemical Methods" (EPA pub. no. SW-846, latest edition). "Liquid waste" does not include infectious waste or hazardous waste.

MULTI-FAMILY PROPERTY: Any multi-family dwelling building or group of buildings that contain(s) four (4) dwelling units or more on a single tax lot. "Multi-family property" includes, without limitation, apartments, condominiums, and mobile home parks.

OWNER: Any person who alone, jointly, or severally with others:

A. Has legal title to any premises, dwelling, or dwelling unit as legal or equitable owner, agent of the owner, or lessee; or

B. Is an executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.

PERSON: Any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the state or its departments, institution, bureau, agency, county, city, political subdivision, or any other legal entity recognized by law.

PHARMACEUTICAL WASTE: Unused or expired medicines or drugs, whether obtained with a prescription or over the counter.

PLACE OF BUSINESS: Any place in Salt Lake City in which there is conducted or carried on principally or exclusively any pursuit or occupation by any person or persons for the purpose of gaining a livelihood.

PROPERTY MANAGER: The person responsible for paying the city water and sewer bill for a property, but shall not include the owner of that property.

PUBLIC BUILDINGS AND PLACES: Office buildings, theaters, garages, auto camps, hotels, clubs, schools, hospitals, or other places of similar character, but shall not mean any building owned by Salt Lake City Corporation.

RECYCLABLE GLASS: Transparent bottle glass and plate glass. Plate glass is flat in configuration, typically used for windows or picture frames. Plate glass does not include automobile windows, mirrored glass, ovenware or ceramics.

RECYCLABLE ITEM: An item that otherwise would be abandoned or discarded, but that can be utilized in the secondary material market. Such items include newspaper and inserts; corrugated cardboard; telephone books; paperboard (cereal boxes, paper towel and toilet paper tubes, shoe boxes); magazines; home office paper; bulk rate mail; aluminum, steel and tin cans; plastic coated milk and juice cartons; plastic grocery bags; and plastic containers with the number 1 through 7 recycling symbol on the container. Recyclable items do not include recyclable glass.

RECYCLING: The series of activities, including separation and processing, by which products or other materials are recovered from or otherwise diverted from the solid waste stream.

RECYCLING COLLECTION SERVICE: The removal by the service provider of recyclable items contained in approved automated recycling containers.

REFUSE: Wastes commonly discarded by households, institutions, and commercial entities and includes, but is not limited to, garbage; paper contaminated with food waste; nonrecyclable papers, plastics, metals, or glass items; diapers; textiles; rubber; and leather. Only objects small enough to fit in an automated refuse container are considered refuse. Refuse does not include: recyclable items, green waste, agricultural waste, asbestos waste, bulky waste, construction and demolition waste, hazardous waste, household hazardous waste, industrial waste, infectious waste, liquid waste, sewage, sludge, special wastes, yard waste, or waste tires.

REFUSE COLLECTION SERVICE: The removal by the service provider of refuse contained in approved refuse containers.

RESIDENCE: A building or dwelling comprising not more than three (3) residential dwelling units, including, without limitation, a single-family dwelling, designed for separate housekeeping tenements, and where no business of any kind is conducted except such home occupations as are defined in the zoning ordinances of the city.

SERVICE PROVIDER: The city or a person working for the city engaged in providing city collection service for any location within Salt Lake City.

SEWAGE: Human or animal wastes carried by water or other liquid from a dwelling, business building, institution, industrial establishment, or agricultural, recreational, or other location including, but not limited to, sewer systems, septic tanks, privy vaults, cesspools, and holding tanks in recreational vehicles or travel trailers, including any groundwater, surface water, and stormwater that may be mixed with these wastes.

SHARPS: Any discarded or contaminated article or instrument that may cause punctures or cuts. Such waste includes, but is not limited to, needles, syringes, pipettes, intravenous tubing with needles attached, glassware, lancets, and scalpel blades.

SLUDGE: Any solid, semisolid, or liquid waste, including grit and screenings, generated from:

A. A municipal, commercial, or industrial wastewater treatment plant;

B. A water supply treatment plant;

C. A car wash facility;

D. An air pollution control facility; or

E. Any other such waste having similar characteristics.

SOLID WASTE: Any refuse, green waste, agricultural waste, asbestos waste, bulky waste, construction and demolition waste, electronic waste, hazardous waste, household hazardous waste, industrial waste, infectious waste, liquid waste, pharmaceutical waste, sewage, sludge, special wastes, yard waste, or waste tires. Solid waste does not include recyclable items.

SPECIAL WASTES: Discarded nonhazardous wastes that may require special handling or other solid waste that may pose a threat to public safety, human health, or the environment. Special wastes include:

A. Ash;

B. Infectious waste except for sharps;

C. Small animal wastes; and

D. Pharmaceutical waste.

WASTE TIRE: Any tire that has been discarded or has ceased to serve the purpose for which it was initially intended due to factors such as wear or imperfections.

YARD WASTE: Vegetative matter resulting from landscaping, land maintenance, or land clearing operations including grass clippings, prunings, and other discarded material generated from yards, gardens, parks, and similar types of facilities. Yard waste does not include garbage, paper, plastic, processed wood, sludge, sewage, animal wastes, manure, or agricultural waste.

     SECTION 2. That Section 9.08.030 of the Salt Lake City Code, relating to solid waste and recyclable items, be, and the same hereby is, amended as follows:

9.08.030: CITY COLLECTION SERVICES:

The city will provide for the collection and disposal, at the expense of the property owner or manager, of refuse, recyclable items, and green waste from residences as provided herein. The city will provide for the collection and recycling of recyclable items and green waste, at the expense of the property owner or manager, from eligible recycling customers as provided herein. Said collection shall be under the supervision of the department of public services pursuant to the following:

A. Refuse, Green Waste, And Recycling Collection Services To A Residence:

1. Refuse Service To A Residence And Responsibility For Payment: Except where water, sewer, and refuse service to a residence is properly terminated, or the owner of that residence notifies in writing the director of public services that the owner's refuse will be picked up and disposed of by a private hauler, the owner of every residence shall be responsible and liable for the below enumerated monthly charges for refuse service. The charge for such service shall be billed with the city's regular water and sewer billings to the owner, at the owner's address as shown on the records of the public utilities department. In those instances where the water and sewer bill for a residence is currently being sent to the property manager of that residence at the owner's request, the refuse service will be similarly billed. However, the owner of the residence is responsible to pay and is liable for all charges for refuse service furnished to that residence if such property manager fails to pay the same.

2. Sizes Of Refuse Containers And Charges For Refuse Service To Residences:

a. Automated refuse containers are available in ninety (90) gallon, sixty (60) gallon, and forty (40) gallon sizes. The owner or property manager of a residence may arrange, in writing, to have one or more automated refuse containers, of the size or sizes described above. Any owner or property manager of a residence who changes refuse container size must continue to use the new refuse container size for at least twelve (12) months before the owner or property manager may again change the size of the refuse container. Refuse containers may not be shared by residences with separate accounts on the public utility billing system.

b. Monthly charges for refuse collection service provided to residences shall be as shown on the Salt Lake City consolidated fee schedule. Automated refuse containers shall be delivered to residences without a delivery charge. These fees are subject to modification by future city councils.

c. The property owner or manager of a residence will be charged a service fee shown on the Salt Lake City consolidated fee schedule for each automated refuse and recycling container removed from that residence for any reason. The property owner or manager of a residence will not be charged a service fee for replacing any refuse container with another size of refuse container.

3. Green Waste Collection Service For Residences:

a. Each residence with at least one city issued refuse container shall be issued at least one green waste container. One additional green waste container may be provided at no additional charge upon approval of the director of public services or designee. Owners or property managers of residences receiving city refuse collection services will not be charged for green waste collection service in addition to the refuse collection fee shown on the Salt Lake City consolidated fee schedule.

b. Owners or property managers of residences may opt out of green waste collection service, but must comply with section 9.08.095 of this chapter. Owners or property managers who opt out of this service will nevertheless be charged the refuse collection fee shown on the Salt Lake City consolidated fee schedule.

c. Owners or property managers of properties that do not receive city refuse collection services may elect to subscribe to the city's green waste collection service, but will be charged for this service at the rates set forth in subsection B3 of this section.

d. If an automated green waste container is removed from a property due to noncompliance, or at the request of the property owner or manager, the property owner or manager will be responsible for paying the remainder of the annual subscription fee for each container removed.

e. The property owner or manager will be charged a service fee shown on the Salt Lake City consolidated fee schedule for each automated green waste container removed from service for any reason.

4. Recycling Collection Services Available To Residences:

a. Each residence with at least one city issued refuse container shall be issued at least one recycling container. One additional recycling container may be provided at no additional charge upon approval of the director of public services or designee. Owners or property managers of residences receiving city refuse collection services will not be charged for recycling collection service in addition to the refuse collection fee shown on the Salt Lake City consolidated fee schedule.

b. Owners or property managers of residences may opt out of recycling collection service, but must comply with section 9.08.095 of this chapter. Owners or property managers who opt out of recycling collection service will nevertheless be charged the refuse collection fee shown on the Salt Lake City consolidated fee schedule.

c. Owners or property managers of properties that do not receive city refuse collection services may elect to subscribe to the city's recycling collection service, but will be charged for this service at the rates set forth in subsection B3 of this section.

5. Glass Recycling Collection Services Available To Residences:

a. Each residence with at least one city issued refuse container may elect to subscribe to the city’s glass recycling collection service. Monthly charges for glass recycling collection service provided to residences shall be as shown on the Salt Lake City consolidated fee schedule. Automated glass recycling containers shall be delivered to residences without a delivery charge.

B. Green Waste And Recycling Collection Services Available To Eligible Recycling Customers:

1. Green Waste Collection Service:  Eligible recycling customers who desire to subscribe to the city's green waste collection service must do so in writing. Such service shall be billed with the city's regular water and sewer billings to the owner of the property receiving green waste collection service, at the owner's address as shown on the records of the public utilities department. In those instances where the water and sewer bill for a property is currently being sent to a property manager of that property at the owner's request, the green waste collection service will be similarly billed. However, the owner is responsible to pay, and is liable for all charges, for the green waste collection service furnished to that property if such property manager fails to pay the same.

2. Recycling Collection Service: Eligible recycling customers may elect to subscribe to the city's recycling collection service. Such service shall be billed with the city's regular water and sewer billings to the owner of the property receiving recycling collection service, at the owner's address as shown on the records of the public utilities department. In those instances where the water and sewer bill for a property is currently being sent to a property manager of that property at the owner's request, the recycling collection service will be similarly billed. However, the owner is responsible to pay, and is liable for all charges, for the recycling collection service furnished to that property if such property manager fails to pay the same.

3. Charges For Green Waste And Recycling Collection Services:

a. The minimum subscription period for each automated green waste and recycling container shall be twelve (12) months. Charges for green waste and recycling collection services provided to an eligible recycling customer shall be shown on the Salt Lake City consolidated fee schedule, per month for each automated green waste and recycling container. Automated green waste and recycling containers shall be delivered to eligible recycling customers without a delivery charge. These fees are subject to modification by future city councils.

b. The owner or property manager will be charged a service fee shown on the Salt Lake City consolidated fee schedule for each automated green waste and recycling container removed from service for any reason.

4. Promotion And Education Requirements Regarding Recycling Or Green Waste Collection Service For Eligible Recycling Customers: An eligible recycling customer who has subscribed to the city's recycling or green waste collection service must distribute general recycling or green waste information and current recycling or green waste program guidelines to each person occupying, attending, or working on the property receiving recycling collection service within fourteen (14) days after commencement of recycling or green waste collection service and annually thereafter. If requested, the city will assist by providing educational fliers.

C. Billing:

1. Periodic Billing Statements: The department of public utilities shall cause billings for refuse collection, green waste collection, and recycling collection services to be rendered periodically at rates established in this chapter. If partial payment is made on a combined bill, the payment shall be applied first to franchise fees due, and then to each service on a pro rata basis as determined by the director of public utilities.

2. Delinquency: Fees and charges levied in accordance herewith shall be a debt due to the city. If this debt is not paid within thirty (30) days after billing it shall, at the option of the director of public utilities, be deemed delinquent and subject to recovery in a civil action for which the city may recover reasonable attorney fees, and said department shall have the right to terminate water, sewer, refuse collection, green waste collection, and recycling collection services to said premises. Any uncollected amount due from the owner on any inactive, terminated, or discontinued account may be transferred to any active account under the owner's name and, upon failure to pay said bill after at least five (5) days' prior written notice, water, sewer, refuse collection, green waste collection, and recycling collection services to that account and premises may be discontinued.

3. Restoration Of Service: Water, sewer, refuse collection, green waste collection, and recycling collection service shall not be restored until all charges shall have been paid.

D. Deposits Required From Nonowners: All new water, sewer, refuse collection, green waste collection, and recycling collection service users who are not the owners of the premises shall pay to the department of public utilities for deposit with the city treasurer an amount sufficient to cover the cost of city collection services that may accumulate. The amount deposited shall be not less than twice the monthly or bimonthly bill for collection services. The department of public utilities shall issue a receipt of deposit. The amount deposited shall be refunded by the city treasurer to the holder upon the surrender of the receipt properly endorsed, provided all refuse collection, green waste collection, and recycling collection service bills and other charges are paid. All bills for city collection service must be paid promptly without reference to said deposit. Whenever any user of city collection services fails to pay for city collection services rendered to such premises, the money deposited or any part thereof may be applied by the department of public utilities to the payment of such delinquent bills. The owner of the premises will be required to pay any deficiency.

E. Abatement: Those owners granted indigent abatement for taxes on their dwelling by Salt Lake County under section 59-2-1107 et seq., Utah Code Annotated, or its successor section, shall be granted a fifty percent (50%) annual abatement of the above city collection service charges during the year of such abatement.

F. Suspensions Or Terminations:

1. If a residence receiving city collection service is vacant and the owner is trying to sell it, or it will be vacant because of an extended vacation of the occupant, the owner may apply to the public services director, in writing, for suspension of city collection service for the period of time specified in the written request.

2. An owner of a residence may apply to the public services director, in writing, for termination of refuse collection service. If the residence will not be vacant, the request must include an explanation of how refuse will be removed from the property, including applicable supporting documentation such as a billing statement or signed agreement with a private hauler.

3. In the case of any suspension or termination pursuant to this subsection F, all automated refuse, green waste, and recycling container(s) at the residence will be removed from that residence pursuant to the owner's request and upon payment of the per container service fee shown on the Salt Lake City consolidated fee schedule.

G. Special Collection Events: The city may, at its discretion, also provide for the periodic collection and disposal of bulky waste. If the city elects to conduct one of these periodic collection and disposal events, all residences that receive refuse collection services from the city will be notified of the event and given instructions regarding the allowable dates and other rules governing the type and placement of allowable types of solid wastes on city streets for collection by the service provider. Only customers of city refuse collection services may participate in these periodic collection events. City customers of refuse collection services will not be charged for periodic collection and disposal events in addition to the fee set forth in subsection A2 of this section. Residents must separate bulky yard waste from other solid waste disposed of through special collection events.

     SECTION 3. That Section 9.08.095 of the Salt Lake City Code, relating to solid waste and recyclable items, be, and the same hereby is, amended as follows:

9.08.095: ALLOWABLE MATERIALS FOR REFUSE, GREEN WASTE, AND RECYCLABLE ITEM COLLECTION BY SERVICE PROVIDER:

This section shall apply to all solid and liquid wastes and recyclable items set out for collection by a service provider. Recyclable items must be separated from refuse and green waste. Only those items deemed to be recyclable items by the city shall be placed in a recycling container. If materials other than the allowable materials listed below are placed in an automated refuse, green waste, or recycling container, the service provider may refuse to empty the container until the unallowable material has been removed, and the city may take enforcement action as described in section 9.08.115 of this chapter.

A. The following wastes are the only wastes that may be placed in an automated refuse container:

1. "Refuse" as defined in section 9.08.010 of this chapter;

2. Construction and demolition waste if the quantity in each container does not exceed the weight limits allowed in subsection 9.08.140C of this chapter, if less than one-third (¹/₃) of the container contains sod, dirt, concrete, bricks, or rocks, and if the waste can be placed in the container without causing damage to the container;

3. Liquid wastes if the quantity is limited to less than one gallon, if the liquid is sealed in a leakproof container, and if the liquid is not considered a household hazardous waste, a hazardous waste, sewage, or any other type of waste that is not permitted in the refuse container under section 9.08.110 of this chapter;

4. Special wastes that have been prepared according to the special waste handling instructions included in section 9.08.100 of this chapter;

B. The following wastes are the only wastes that may be placed in automated green waste containers:

1. Yard waste;

2. Discarded fruit and vegetable material from kitchens, if it is not mixed or contaminated with other refuse including other kitchen wastes.

C. The following items are the only items that may be placed in automated recycling containers:

1. Recyclable items as listed in section 9.08.010 of this chapter.

D. The following items are the only items that may be placed in automated glass recycling containers:

1. Recyclable glass as listed in section 9.08.010 of this chapter.

     SECTION 4. That Section 9.08.115 of the Salt Lake City Code, relating to solid waste and recyclable items, be, and the same hereby is, amended as follows:

9.08.115: COMPLIANCE WITH AND ENFORCEMENT OF REFUSE, RECYCLING AND GREEN WASTE COLLECTION SERVICE LAWS:

A. In evaluating whether a violation regarding the refuse, recycling or green waste collection service has occurred, city staff or the service provider has the right to visit the premises of residences or eligible recycling customers that subscribe to the refuse, recycling or green waste collection service to determine the presence and capacity of recycling or green waste containers, the presence and quantities of recyclable items or green waste in city issued refuse containers, the presence and quantities of recyclable items in recycling containers, the presence and quantities of green waste in green waste containers, the presence of signs, fliers, stickers, and other information that promotes recycling, and to engage in discussion with property managers, residents, and owners regarding their refuse, recycling or green waste program.

B. Any violation of this chapter shall constitute a civil violation and shall be handled as provided by chapter 2.75 of this code. Notice of a civil violation may be given: 1) to the owner, occupant, lessee, or agent of the property by hand delivery or 2) by mailing of the notice by first class mail to the owner of record. Civil penalties shall be imposed as follows:

C. The city reserves the right to discontinue refuse, recycling or green waste collection service for any residence or eligible recycling customer that fails to comply with this code and rules promulgated thereunder governing the refuse, recycling or green waste collection service. The property owner or manager will be charged a service fee shown on the Salt Lake City consolidated fee schedule for each container removed from service.

D. For a period of six (6) months after the refuse, recycling or green waste collection service has been discontinued due to a violation, the owner or eligible recycling customer shall not be allowed to subscribe to the refuse, recycling or green waste collection service. After the six (6) month period, the owner or eligible recycling customer may request refuse, recycling or green waste collection service in accordance with section 9.08.030 of this chapter.

     SECTION 5.  That this ordinance shall take effect immediately upon the date of its first publication.

          Passed by the City Council of Salt Lake City, Utah this 18^th day of September, 2012.

Bill No. 68 of 2012.

Published: October 4, 2012.