§ 74-2. Rules and regulations.

(a)

The department is authorized to make and enforce rules and regulations governing refuse generation, storage, recovery, accumulation, collection, transportation and disposal; types of refuse containers and vehicles used therefor; for the operation and maintenance of sanitary methods of refuse disposal; and for the effective administration of this chapter. All such rules and regulations shall be consistent with this chapter and effective on the 30th day following filing thereof with the clerk and serving thereof on each affected residential refuse collector or commercial permittee.

(b)

Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the regulation by filing a written notice of appeal with the clerk. The notice of appeal shall specifically identify the regulation from which appeal is taken and the reasons for the appeal. Upon receipt of such a notice, the clerk shall schedule the appeal for a public hearing by the council, notice of which is given in the manner prescribed by section 74-7. At the conclusion of the public hearing, the council shall be vested with jurisdiction to deny the appeal or rescind or modify the determination. The decision of the council shall be final. Any regulation from which an appeal is filed prior to the effective date thereof shall not become effective until the date of a determination by the council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision which rescinds or modifies the regulation shall apply prospectively.

(c)

It shall be unlawful and constitute a violation of this section for any person to violate or fail to comply with the provisions of regulations issued pursuant to this section which are expressly authorized by other sections of this chapter.

(Ord. No. 2007-09, § 1, 7-19-2007)