§ 19-45. Commercial containers.

(a)

If deemed necessary by the board, solid waste collection service may be provided to residential service units, other than excluded dwelling units, using commercial containers in lieu of curbside service. In such event, the owners of property to be served with a commercial container may be required to provide a concrete pad that is (i) walled with materials consistent with the other buildings in the area, (ii) enclosed with self-closing gates or doors, and (iii) easily accessible by a pick-up service without causing a stoppage of vehicular traffic on arterial or collector road ways.

(b)

Commercial container service to residential service units located in resort service areas or areas described in subsection (a) of this section shall be provided by the franchisee that has entered into a service agreement pursuant to article III of this chapter to provide service to the geographic area that includes the resort service area; the commercial containers shall be provided at such franchisee's standard rates. Residential service units using commercial containers in resort service areas shall not be subject to solid waste service assessments.

(c)

The board hereby finds and determines that there has been an enforcement problem in the Buenaventura Lakes special service area relating to scattered solid waste and spillage from residential containers used by multifamily residences in violation of subsection 19-3(c) hereof, resulting in an unusually large number of cases before the county's code enforcement board. Due to the configuration of parcels and ownership within the Buenaventura Lakes special service area, the board hereby finds and determines that further regulation of solid waste collection in the Buenaventura Lakes special service area is required. If following a code enforcement action against a multifamily residence using a residential container in violation of subsection 19-3(c) hereof, the owner of such property does not provide a commercial container and enter into a collection agreement with a hauler holding a valid franchise, the county may impose a solid waste service assessment against the property, utilizing an alternative method of collection authorized by section 19-75 hereof for any partial fiscal year, and utilizing the uniform method of collection, as authorized by subsection 19-75(b) hereof, for future fiscal years and the collection of any delinquencies from a partial fiscal year. Dwelling units subject to solid waste service assessments under this subsection shall be deemed residential service units and subject to all requirements applicable to residential property. If a multifamily residence located within the Buenaventura Lakes special service area enters into a collection agreement with a hauler holding a valid franchise after the solid waste service assessment has been paid for any fiscal year, the owner of such property shall be entitled to a partial refund of the solid waste service assessment for that portion of the fiscal year following the date on which such collection agreement becomes effective.

(Ord. No. 05-29, § 1, 8-1-05; Ord. No. 10-43, § 6, 12-6-10; Ord. No. 12-26, § 2, 8-6-12; Ord. No. 13-17, § 4, 4-1-13)