2002-11-11 Regular Meeting and Workshop Meeting

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0 r ALTERNATIVES Progressive enforcement of the Solid Waste Ordinance will be used to deal with commercial and vacant lot trash, and container violations (ROW and adjacent accumulations). Excessive trash will be referred to the City's commercial contractor, or collected by City forces as time permits. In both cases, the resident will be billed for actual cost on the next utility bill. The most common and unsightly violation of the Ordinance involves placement of heavy trash more than five (5) days before the next scheduled collection day. Discussions with the City Prosecutor reveal that in order for a citation to be enforceable, it must be proven that the violator knew it was a violation. It can be argued that prior notice has been provided in letters, articles and heavy trash schedules and calendars, however this must be tested in Municipal Court. If prior notices are used, the City may begin issuance of citations to any and all violators after the first offense. Currently, we see an average of 30 violations per zone per pickup cycle. This would equate to approximately 150 tickets issued every 2-'/z weeks. Another alternative is to continue to place door hangers, noting addresses for violations. Citations would only be issued for repeat violators. This method would result in an average of approximately 3-5 violations per zone, or 15 — 25 tickets every 2-'/2 weeks. The Prosecutor feels that this method of notice is better, but still may not meet the standards for every case. The best alternative in terms of legal notice is to issue a warning citation, or in the absence of the resident, a certified letter from the Court. This method is also the most expensive and time consuming, in terms of postage and employee time. Repeat violation would result in a citation. Receipt of a citation will result in a mandatory court appearance, unless the violator is willing to pay the $2,000 fine before the scheduled court appearance. The Ordinance does not contain a progressive fine schedule, so the violator is forced to a court appearance, with the judge assessing the appropriate fine. One solution is to revise the ordinance with a progressive fine schedule. An example would be $100 for first violation, $200 for second violation, $500 for third violation and so on. This might result in fewer actual court cases, as violators could pay the appropriate fine without a scheduled court appearance, similar to traffic fines. Enforcement of other violations discussed above can be implemented easily. No prior notice is required to enforce these provisions. Enforcement through the Solid Waste Division will be accomplished by the Superintendent and Supervisor. With 21 employees and associated budget to manage, and normal complaint and inquiry resolution, the ability of these employees to provide solid waste enforcement will be limited. The record -keeping requirements, especially if prior notice must be proven, will 4