6.21.030 - Illegal dumping.

(a)

It is unlawful and a public nuisance for any person to cause, permit, allow, or suffer the placing, throwing, dropping, depositing, sweeping, dumping, or leaving of any organic or inorganic rubbish, refuse, debris, garbage, bulky item, waste matter, hazardous waste, solid waste, or similar waste, on or about any public street, highway, sidewalk, alley, right-of-way, parkway, park, in or upon any flood water channel, in or upon any place in the city where the natural flow of stormwater might carry the same to any such flood water channel or structure, other public property (including any grounds belonging to a federal, state, county or other governmental or quasi-governmental entity or agency within the city's jurisdiction, unless expressly preempted by state or federal legislation), or on private property, except when placed in appropriate containers designated by the city for such purposes.

(b)

No person shall hire or cause another person to dispose of any organic or inorganic rubbish, refuse, debris, garbage, bulky item, waste matter, hazardous waste, solid waste, or similar waste, by illegal dumping on public or private property, or to otherwise dispose of said materials in violation of the Code, or other local, state or federal law. Any person who hires or causes another person to dispose of solid waste, hazardous waste or waste matter by illegal dumping is and will be jointly and severally liable with all other persons who participated in the act of illegal dumping.

(c)

Any person whose identifying information is found in illegally dumped solid waste or hazardous materials, or who is otherwise responsible for illegal dumping of solid waste, hazardous waste, or waste matter on any public or private property within the city is subject to enforcement as provided in this section.

(d)

Each individual act of illegal dumping at the same site or location shall be deemed a separate violation, even if each occurs on the same general time and day.

(e)

Any person who disposes of solid waste, hazardous waste, or waste matter through illegal dumping shall be responsible for causing the clean-up and the proper and lawful disposal of the illegally dumped materials, and/or for the costs of cleaning up and properly and lawfully disposing of the illegal dumped solid waste, hazardous waste, or waste matter, incurred by a private property owner, the city, or any other governmental agency. The person causing or allowing the illegal dumping shall reimburse the city any costs incurred by the city for enforcing the provisions of this section. Failure to pay said enforcement costs to the city shall authorize the city to collect said costs by any and all available legal remedies available to the city.

(f)

A violation of this section shall be subject to enforcement through criminal prosecution, civil action, administrative action, and/or civil penalties, as provided herein and by applicable law.

(Ord. No. 697, § 2, 3-20-2018)