§ 7-22. Policy, administration and enforcement.

(a)

Subject to the provisions of section 7-96, it is the policy of the city that solid waste disposal shall be provided only for dwelling units located within the city and shall not be provided for commercial, or institutional facilities. Yard waste disposal shall not be provided for establishments excluded pursuant to the provisions of section 7-53. Administration and enforcement of this chapter shall be the duty of the city manager or his designee.

(b)

Solid waste collection begins at 7:00 a.m. and containers not available for collection on the scheduled day will not be collected until the next regularly scheduled day. Containers shall be removed from the curb by the unit resident the day that they are serviced and shall not be stored in front of a dwelling unit. Any variations from these requirements require the approval of the director of public works or designee. Failure to remove the container from the curb the day that the container is serviced is deemed in violation of this section, which shall result in the following:

(1)

As a result of a first violation, written warning of such violation shall be issued to the unit resident where the container is located with no monetary penalty.

(2)

A second violation shall subject the offender to a civil penalty in accordance with the fee and penalty schedule as approved by city council. Such civil penalty shall be recovered by the city in a civil action in the nature of a debt if the offender does not pay the penalty within the time prescribed herein. A third written citation shall be issued to the unit resident where the containers are located, stating the amount of the penalty and that the penalty is to be paid to the Finance Director, Kannapolis City Offices, 246 Oak Avenue, Kannapolis, North Carolina, or such other address as directed, within five (5) days. If the penalty is not paid within the time prescribed, the city may initiate a civil action in the nature of a debt and recover the sum of the penalty plus the costs of the action.

(3)

Each and every day's violation of any provision of this article after the first violation shall constitute a separate and district offense.

(c)

The director of public works or designee shall determine that area considered to be the curb as it relates to the solid water collection pickup point.

(d)

Spilled material or overflow not caused by the solid waste collector shall be cleaned up immediately after such spillage or overflow by the unit resident or multi-family responsible party. Spilled materials caused by the solid waste collector shall be cleaned up immediately after such spillage occurs by such crew.

(Ord. of 7-28-86, Art. V, § 6; Ord. of 7-26-99, § 2; Ord. No. 2014-12 , § 4, 4-28-14)