Sec. 114-29. Garbage, rubbish and debris removal and disposal.
(a) Frequency of removal. All garbage, rubbish and debris shall be removed from each ownership at least once a week and at more frequent intervals if found necessary.
(b) Manner of removal. All garbage, rubbish and debris will be removed by a registered trash hauler, in a registered garbage, rubbish and debris vehicle, unless the director of neighborhood services or designee grants an exemption from this requirement. All applicants who agree to legally dispose of all trash and debris on the exempted property at least once a week or more, if necessary, will be granted an exemption unless:
(1) There has been a notice of violation issued for trash and debris by the City of Aurora on any property owned or occupied by the applicant, within the six month period preceding the application; or
(2) The applicant pled guilty or no-contest or was convicted of any violation of chapters 22, 62, 90, 114, 142 or 146 of the city code for the City of Aurora within a one year period preceding the application; or
(3) The applicant has received two notices of violation for any violation of chapters 22, 62, 90, 114, 142 or 146 of the city code for the City of Aurora within a six-month period and the applicant has been identified by the director of neighborhood services or designee as a chronic violator. An individual identified by the director of neighborhood services or designee as a chronic violator is not eligible for the exemption.
If a notice of violation or a summons and complaint is issued to an individual previously granted an exemption, by the director of neighborhood services or designee, the exemption will automatically be revoked.
(c) Deposit in right-of-way or front yard. It shall be unlawful for any person to deposit any garbage, rubbish and debris container on the right-of-way abutting any public street or within any front yard or within any side yard on a corner lot abutting any public street prior to 5:00 p.m. on the calendar day before the collection of garbage, rubbish and debris or to leave the garbage, rubbish and debris container on any right-of-way abutting any public street or within any front yard or within any side yard on a corner lot abutting any public street more than 12 hours after collection of the garbage and debris therefrom.
(d) Garbage chutes. It shall be unlawful to construct or maintain any garbage chute in the city unless it be constructed of metal, and the chute shall be kept clean and free from odors at all times.
(e) Failure to remove from alleys. It shall be unlawful for any person owning, occupying or maintaining real property in the City to fail to remove rubbish, garbage and debris upon the area which shall be deemed to extend from the centerline of any abutting alley, to and including the curb and gutter area of an abutting street of any such lot or tract of land.
(f) Removal from open areas. It shall be the duty of every owner of an open area, as that term is defined in this article, to remove garbage, rubbish and debris which lies within the open area.
(g) Notice and hearing. If any one or more of the conditions exist as enumerated in subsections (c) through (f) of this section and if any person is found guilty or enters a plea of guilty or no contest to a charge of violating this section, the city may take corrective action. The issuance of a summons and complaint shall be accompanied by a notice of a hearing to determine whether the city has probable cause to abate a violation of this section, the hearing to occur at the time of the arraignment. If a plea of guilty or no contest is entered at the arraignment, and if the defendant fails to present a valid reason why the violation should not be abated at the accompanying hearing, the defendant shall have five days to correct the violation before the city acts. If a not guilty plea is entered, the court shall give first priority to the expedited docketing of the case commensurate with the due process rights of the defendant. Upon written notice given to the owner, no hearing shall be required when a defendant has failed to appear for a scheduled arraignment or trial. If a finding of guilty is made by the municipal court as a result of a trial, the named defendant in any case involving violation of this section shall have 30 days to correct the violation before the city acts, unless otherwise ordered by a court, or the matter is stayed due to the filing of any appeal. If the defendant fails to appear at either the arraignment or the trial, the city may take immediate corrective action.
(h) Abatement by city. After the expiration of the time allotted to a defendant for removal, the city manager is furthermore authorized to employ at his or her discretion private individuals to carry out the task of removal of garbage, rubbish and debris. If the City is required to employ private individuals to engage in the removal of garbage, rubbish and debris, the city shall forthwith compensate such private individuals for their services. The city may proceed with removal without a hearing when the offending material is found to be either waste or purely vegetative or obviously intended for removal or of no marketable value. The cost of carrying out the removal of garbage, rubbish and debris, through either the services of the city personnel or private individuals shall be recovered against the owner in accordance with subsection (i) of this section. If it is necessary to remove obstructions in order to effectuate the removal of garbage, rubbish and debris, both city personnel and private individuals responsible for the removal of garbage, rubbish and debris, under the provisions of this chapter shall be empowered to take reasonable steps to remove such obstruction so as to permit the removal of garbage, rubbish and debris. The cost for removing such obstruction shall also be recoverable in accordance with subsection (i) of this section.
(i) Recovery of costs and creation of lien.
(1) Notification of costs; failure to pay. The director of neighborhood services, using the appropriate billing forms as supplied by the director of finance, shall notify the owner, in writing, of the costs for the removal of garbage, rubbish, debris or of any related obstructions if it is necessary for the City or its contractors to undertake such removal. Administrative costs shall be assessed with cumulative costs after the first notice. Such administrative costs shall be established and adopted by city council. If the owner shall fail within 30 days after the date of transmission of any notification to pay the costs and expenses to the director of finance or designee, the costs and expenses shall become a lien against the property and the director of finance shall certify the costs and expenses to the treasurer of the appropriate county for collection in the same manner as general property taxes are collected.
(2) Amount. The amount certified by the director of finance to the county treasurer for the collection shall include the actual cost of the removal of garbage, rubbish and debris, plus 15 percent for administrative expenses.
(3) Superiority of lien. The liens created by this subsection shall be superior to all prior liens, regardless of date, except liens for general property taxes and special improvement district taxes.
(j) County treasurer to collect. Upon receipt of the assessment roll for the removal of garbage, rubbish and debris, the county treasurer of the proper county shall proceed to collect the amounts so assessed and certified against the property affected thereby in the same manner as the collection of general property taxes and the redemption thereof. (Code 1979, § 40-19; Ord. No. 99-07, §§ 5, 6, 3-29-1999; Ord. No. 95-53, exhibit A (§ 40-19), 9-11-1995)