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GARBAGE, STEALING OF
7.25.145
Ownership of Solid Waste, Recyclable Materials and Yard Debris, and Entry into Receptacles.
Each licensee shall maintain books and records disclosing the gross receipts derived from business conducted within the city, which shall be open at reasonable times for audit by city personnel. The city may require a uniform system of bookkeeping and record keeping to be used by all licensees.
(4) Deliberate or malicious material misrepresentation of gross receipts by a licensee constitutes cause for revocation of the license.
(5) The fee imposed by this section is in addition to and not in lieu of, any other fee, charge, or tax imposed by the city.
(6) If a licensee fails to properly report the true amount of gross revenue or other basis from all accounts within the city as determined by the city after investigation, a late payment charge will be owed on the under reported gross revenue calculated from the first day of the calendar quarter in which the error occurred to the date on which the city receives payment, compounded monthly. The late payment charge shall be due at the same time that the licensee is required to make payment of any insufficiency of the license fee. If the manager determines that the insufficiency is due to fraud, intent to evade the fee, or is greater than 10 percent of the total amount due, a penalty of 25 percent of the amount of the total fee shall be paid in addition to the amount due and the late payment charge.
(4) Rates shall be adequate to cover allowable expenses and to provide the return on revenue as defined in this ordinance, to allow investment in equipment and to ensure quality collection service.
(5) The rates that may be charged by a licensee for collection service shall conform to the latest schedule on file with the manager. Any rate not set by current resolution and charged in the City of Gresham must be approved by the manager prior to implementation.
(6) Rates shall be reviewed by the city on an annual basis. Licensees shall furnish financial and other information the council considers necessary to determine the schedule of charges. Licensees may identify information submitted to the city as confidential. Prior to submitting such information to the city, licensees shall prominently mark any such information with the word "confidential." The city shall treat any information so marked as confidential and shall not subject confidential information to public disclosure except as required by law. If the city receives such a request, licensees will be notified.
(7) All books, records, accounts and data relating to collection service operations conducted within the city by licensees are subject to inspection and audit by the city.
(8) Upon audit by the city, if it is found deliberate or malicious material misrepresentation of books, records, accounts or data relating to collection service operations has occurred, the licensee shall pay audit costs incurred by the city.
(1) Solid waste, recyclable materials and yard debris placed for collection shall be owned by and be the responsibility of the customer up until the time of collection. At the time of collection, the solid waste, recyclable materials and yard debris shall become the property of the licensee or registration holder for that customer.
(2) No person other than the customer, the licensee, or the registrant for that customer shall remove solid waste, recyclable materials, or yard debris from a receptacle. Violation of this provision may be subject to a fine or penalty in the maximum amount of $5,000.
(3) No person other than the owner of a receptacle shall enter into that receptacle. As used herein, enter into a receptacle means placement by a person of any part of that person’s body into a receptacle. Violation of this provision may be subject to a fine or penalty in the maximum amount of $1,000.