§ 11-43. Service required; exceptions; penalties; fee increases.

(a)

Every household in the city shall subscribe to the sanitation service provided or contracted by the city for the collection of garbage, trash, recyclable materials and rubbish. A household may be exempted by providing a certified statement as to the method of disposal of the household wastes, and by applying for the temporary suspension of service as provided below. The disposal must be in accordance with the state law requiring safe, sanitary and adequate disposal.

(b)

Those persons found guilty of improper disposal of their household waste shall be fined the maximum allowed by law per occurrence. Improper disposal shall include placing waste in commercial dumpsters, along roadways, vacant lots, another person's cart, and similar situations.

(c)

The monthly sanitation fee shall be established by resolution, which may be amended from time to time, and shall be maintained in the office of the city clerk. The fee shall be adjusted automatically to account for any increases in dumping fees.

(d)

Temporary suspension of service and of monthly sanitation fee for unoccupied residences.

(1)

A city resident whose residential unit will be unoccupied for more than thirty (30) consecutive days may make application with city hall for a temporary suspension of the service and fee. Such application may be made by the resident on a form made available by city hall. The length of suspension of the service and fee shall not exceed six (6) months unless authorized by the public works director.

(2)

Within fourteen (14) days of the decision by city hall, any resident aggrieved by a decision to refuse to suspend may appeal that decision to the public works director for a final administrative hearing and determination. The public works director shall conduct an informal administrative hearing within ten (10) business days of the resident appealing the original decision to not suspend. The resident and the city shall have the right to present sworn testimony and evidence. Upon the final administrative decision of the public works director to approve or deny the suspension under this chapter, such decision being in writing and including a notice of the decision and reasons therefore to the resident, the applicant may appeal the decision to the Cobb County Superior Court by writ of certiorari. There shall be no suspension of the service or fee during the appeal notification period or while an appeal is pending before the public works director.

(Ord. No. 87-7, §§ 1—3, 2-16-87; Ord. No. 2010-52, § 2, 11-15-10; Ord. No. 2014-033, § 3, 10-6-14 )