A. Real property which is developed or otherwise used or occupied exclusively for a residence or residences for one but not more than four family units or residences (including single-family residences, duplexes, triplexes or fourplexes, or combination thereof with guest houses or granny houses not to exceed four units, all of which is collectively referred to in this chapter as “residential properties”) and properties as to which an unpatented mining claim has an active plan of operation issued by the United States Forest Service shall not be required to subscribe to a solid waste collection service provided by a solid waste collector or company licensed by the county. Such residential properties may, in conformance with the provisions of this chapter, source separate and deposit their household or business solid wastes directly in the transfer stations or landfill. In the event that they desire to utilize a solid waste collection service, they may privately subscribe or contract with any county-licensed solid waste collector.

B. All real property, excepting residential properties as defined in subsection (A) of this section and properties as to which an unpatented mining claim has an active plan of operation issued by the United States Forest Service, which is developed and/or used in a manner that customarily generates, creates or disposes of solid waste (which other real property is referred to herein as “nonresidential properties”) shall subscribe to a solid waste collection service provided by a solid waste collector or company licensed by the county, if such service is available. All such real property shall use a solid waste collection service to dispose of the refuse from the property, except that the property owner or business or tenant thereon may self-haul material to the county landfill or transfer stations the following items of special wastes (as set out in SCC 8.05.040). No property owner or business or entity shall be prosecuted for failure to comply with the requirement for mandatory service, without the county first determining the availability of service from a licensed collector and the issuance of a written notice by the county to the property owner, business or entity regarding the availability of the service and the requirement for mandatory collection (subscription) to such service. Thirty days following any such notice, failure to subscribe to a licensed collection service shall constitute a violation of the provisions of this section.

A collector who is licensed to provide solid waste handling services shall be required to provide such service to all residents, businesses, entities and property owners within the authorized collection area, in a nondiscriminatory manner, and in conformity with the rates and charges as may from time to time be approved by the Board. (Ord. 1053, eff. 8/7/14; Ord. 958, eff. 6/16/04; Ord. 939, eff. 3/20/03; Ord. 880, eff. 3/4/99)