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Sec. 16-34. - Service requirements for commercial/industrial premises. (a) It shall be mandatory that all commercial units and/or buildings and all industrial units and/or buildings be served by bin or roll -off service. This requirement may be waived by the executive director. Any applicant who has been denied a waiver by the executive director may appeal such action to the city council by filing within thirty (30) days after such denial, a written statement of his or her reasons why the city council should reverse the action from which the appeal is taken. Any person in the city who desires or is required to receive bin and/or roll -off service is required to obtain such services from the solid waste collection contractor with which the city has an agreement. Such persons shall be required to enter into an agreement with the solid waste collection contractor for the requested bin and/or roll -off container services. This provision shall not apply to roll -off containers or bins which are obtained for the collection of construction and demolition solid waste which has accumulated or been generated at a temporary construction site. Violation of this provision shall constitute a misdemeanor. (b) In the event that discarded materials being deposited in a container exceeds the container's capacity for such building, and the commercial/industrial building has produced more discarded materials than its current level of service during at least one other documented instance during a six-month period, the responsible party for the commercial/industrial building may be charged extra collection costs by the solid waste collection contractor. After three documented incidents of a commercial/industrial premises producing more discarded materials than its current level of service in a six- month period, the responsible party for the commercial/industrial premises may have its service level increase resulting in additional collection fees and may have its container size and/or service frequency modified to accommodate the volume of discarded materials generated. Sec 16-34.5. - Commercial SB 1383 requirements. Responsible parties of commercial premises shall comply with the following requirements (except responsible parties of commercial premises that meet the self - hauler requirements in section 16-38.5): (a) Subscribe to and pay for the solid waste collection contractor's three - container system collection services for weekly collection of non -recyclable gray container waste, source separated blue container recyclable materials, and source separated green container organic waste or source separated brown container organic waste generated by the commercial premises and comply with requirements of those services as described below in this section. (b) Participate in the solid waste collection contractor's three -container system service(s) (gray container, blue container, green and/or brown container) in the manner described below. (1) Place source separated green container organic waste, including food waste and yard trimmings, in the green container; source separated recyclable materials in the blue container; and non -recyclable gray container waste in the gray Ordinance No. NS-3017 Page 22 of 42