That the control, collection, removal, reduction, disposal treatment, and handling of refuse by residential and commercial users in accordance with the provisions of this section are hereby found to be essential to the public health, safety and welfare and any deviation therefore is hereby found to constitute a hazard to the public health and safety of the inhabitants of the city. Therefore, if any residential or commercial user fails to comply with the provisions of this ordinance, the appropriate officials of the city shall institute appropriate proceedings in a court of competent jurisdiction to compel compliance. Furthermore, any residential or commercial user who fails ro refuses to comply with the provisions of this section shall be promptly notified by the appropriate officials of the city of such failure, which notice shall specify the deficiency or deficiencies in compliance and shall set forth a period to time not less than five (5) days within which such deficiency or deficiencies are to be eliminated, and if such residential or commercial user does not correct the deficiency in compliance requirements specified in the notice from the city, he/she shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed Two Hundred Dollars ($200.00). Each day of failure to refusal after the time fixed in the notice of the deficiency in compliance shall be a separate offense. Provided, however, that the provisions hereof pertaining to a misdemeanor shall be effective only in the event that the city health officer or other duly designated individual or agency of the city finds and declares that failure on the part of the user involved to correct the specified deficiency at that time constitutes a hazard to the public health and safety of the inhabitants of the city. (Ord. No. 2000-02, Sec. 12.)
