§ 8.20.360 — Container damage

8.20.360 - Container damage.

A. For purposes of this Section, a "container damaged beyond proper use" shall mean a solid waste container used by any customer that has been damaged to such an extent that it can no longer be properly used for solid waste collection, including but not limited to a container that has broken wheels so that it cannot be rolled in and out of an enclosure in which it is stored. B. For purposes of this Section, an exclusive franchisee shall be deemed to have notice that a container has been damaged beyond proper use no later than the earlier of the following dates: 1. The date on which the exclusive franchisee receives oral or written notice of the damage; or 2. The first regularly scheduled collection day after the damage has occurred. C. If an exclusive franchisee provides a container to any customer and such container is damaged beyond proper use through the exclusive franchisee's own actions or through normal wear and tear, or if the exclusive franchisee damages any other container that is used by a customer through the exclusive franchisee's own negligence or misconduct, the exclusive franchisee shall: 1. Fix or repair such container, at its own cost, no later than seven calendar days after it has notice of the damage; 2. Be deemed to have missed each collection that is regularly scheduled from the date on which the exclusive franchisee has notice of the damage until such time as the container is fixed or replaced; and 3. Automatically issue a credit to the customer for each missed pickup in accordance with Subsection (E) of this Section. D. If an exclusive franchisee misses or improperly performs a collection for a non-residential customer for any reason other than a container being damaged beyond proper use, resulting in solid waste that the customer has properly put out for collection not being collected, the exclusive franchisee shall, within twenty-four (24) hours of receiving notice of such missed or improper collection, send a second vehicle to the premises to properly collect such solid waste. E. If an exclusive franchisee fails to fix or replace a container damaged beyond proper use as required by this Section, or to correct a missed or improper collection for a non-residential customer as required by this Section, the exclusive franchisee shall automatically issue a prorated credit to such customer's account, based on the charges for regularly scheduled collection service to the premises for the applicable billing period, regardless of whether the customer makes any request for such a credit.

(Ord. No. 2587, § 1, 9-21-2011)