§ 9-13. Defaults other than for nonpayment; disconnection or discontinuance of municipal services.

(1)

In addition to any payment default or act or failure to act by a customer which is described in the city's sanitation service policies as a default, any of the following actions or inactions taken by or on behalf of a customer shall be considered as a default under a customer's service agreement with the city, entitling the city to exercise any one or more of the remedies available as established by the mayor and set forth in the sanitation service policies, including, but not limited to, the discontinuation of all municipal services:

(a)

The possession and/or use of a CART which has not been issued to such customer;

(b)

The unauthorized receipt of sanitation service after sanitation service has been discontinued for any reason;

(c)

Theft of a CART;

(d)

The intentional damaging of any CART, whether issued to the customer or to any other person;

(e)

The issuance to the city of any non-sufficient funds checks or drafts in payment of any sums due to the city in connection with the receipt of sanitation services;

(f)

The disposal or attempted disposal of any hazardous items or material prohibited under the city's sanitation service policies.

(2)

At the discretion of the mayor, the sanitation service policies may include a schedule of default charges which shall apply to defaults under the city's sanitation service policies. In the event that a customer is assessed a default charge pursuant to this section, such charge will be included in the customer's bill for sanitation service. The failure or refusal of a customer to pay a default charge may result in the discontinuation of sanitation service and, at the discretion of the mayor, the discontinuance of all municipal services.

(3)

In addition to the remedies for default set forth in the city's sanitation service policies and herein, the commission of any of the actions or inactions set forth above may result in the commencement of criminal charges against the customer and/or any person acting or failing to act on behalf of such customer.

(Ord. No. 06-2013-04, 6-24-13)