5.40.090 Variances for placement of solid waste containers, dumpsters, and self-contained, liquid-tight, compacting solid waste containers.
(1) Variances allowed. A person in charge of a premises may apply to an enforcement officer for a variance from the requirement that a solid waste container be placed as required in 5.40.070 (1)(a), (1)(b), or (1)(c), or that a dumpster or self-contained, liquid-tight, compacting solid waste container be placed as required in 5.40.080 (1)(a), (1)(b), or (1)(c) if:
(a) topography, landscaping, or extraordinary circumstances preclude the use of the required location; or,
(b) use of the required location would be impractical under the circumstances.
(2) Application review, decision, and appeal. The application shall state the location required and the location or alternate location(s) the applicant desires for placement of a solid waste container, dumpster, or self-contained, liquid-tight, compacting solid waste container. Upon receipt of the application, the enforcement officer shall review the request in the application considering
(a) the merits of the request in relation to the criteria set forth in subsubsections (1)(a) and (1)(b) of this section; and,
(b) other laws and regulations, if any, known to the enforcement officer to be applicable to the request; and,
(c) the opinion of the solid waste collector servicing that premises as to the feasibility of the request; and,
(d) any other information the enforcement officer believes material.
Within ten calendar days after receipt of the application, the enforcement officer may grant the applicant's request with or without conditions, select a different location or alternate location(s) than the location(s) requested with or without conditions and specify the reason(s) for selecting the different location(s), or deny the request and specify the reasons therefore. The decision of the enforcement officer shall be final unless within ten calendar days after receipt of the decision, the applicant files a written request for a hearing with the director of public services for a review of the decision. (Ord. 90-13 §9, 1990).