5.40.120 Collection and removal of solid waste – Failure – costs, lien.
(1) A person in charge of a premises is required to collect or cause to be collected solid waste from that premise and provide for its removal from the premise by a solid waste collector consistent with the provisions of Sections 5.40.030 and 5.40.040.
(2) In addition to the penalties set forth in Section 5.40.110, if an enforcement officer determines that the requirement set forth in subsection (1) of this section is not being satisfied, the enforcement officer may serve written notice in person or by certified mail, return receipt requested, on the person in charge of the premises; or if that person is not the owner, then the notice shall be served as previously specified on both the owner and person in charge of the premises stating
(a) the legal description of the premises on which the alleged violation is occurring; and,
(b) the specific nature of that violation; and,
(c) the section of this Chapter alleged to be violated; and,
(d) that if the solid waste is not collected and/or removed from the premises within eight calendar days after receipt of the notice, the enforcement officer will cause the solid waste to be collected and removed from the premises and the charges and administrative costs thereof as established by resolution of the City Council will be billed to the owner and if not paid within sixty calendar days following the date of the collection and/or removal shall become a lien against the premises as provided for in RCW 35.21.130 through RCW 35.21.150.
(3) The owner or person in charge of a premises served with the notice provided for in subsection (2) of this section who wishes to dispute the decision of an enforcement officer shall appeal the decision of the enforcement officer by filing with the director of public services a written request for a hearing within eight calendar days after receipt of the written notice.
(4) If
(a) the solid waste has not been collected and/or removed from the premises as directed in the notice required by the provisions of subsection (2) of this section, and
(b) a request for a hearing has not been filed pursuant to the provisions of subsection (3) of this section,
the enforcement officer shall proceed with reasonable diligence to have the solid waste collected and/or removed and the lien provided for in RCW 35.21.130 through RCW 35.21.150 effected if the charges and costs thereof incurred by the city are not paid within sixty calendar days of the date of the collection and/or removal.
(5) An owner or person in charge of a premises served with the notice provided in subsection (2) of this section and for whom collection and/or removal action has been taken as provided for in subsection (4) of this section who wishes to dispute the cost of the collection and/or removal shall file with the director of public services within sixty calendar days of the date of the collection and/or removal a written request for a hearing. Provided, however, that the filing of a written request for a hearing shall not stay the process of perfecting the lien provided for in RCW 35.21.130 through RCW 35.21.150. (Ord. 90-13 §12, 1990).