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' 57~ORDINANCE NS-2323 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 requirement may be waived for commercial or industrial buildings upon a finding by the executive director of public works that no space is available for bin or roll-off service within the boundary lines of the subject property. 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 solid waste being disposed of at a commercial/industrial bin or roll-off container service unit exceeds the bin or roll-off container capacity for such building, the solid waste collection contractor shall notify the executive director of public works who shall cause an inspection to be made of the premises. If the executive director of public works determines that there is insufficient bin or roll-off container capacity at said location, he or she shall cause written notifica- tion to be given both to the business and the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bin or roll-off container. The notice shall also inform the business and property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the business and/or property owner will be required to increase the number of bins or roll-off containers, or the frequency of collections. In the event that this should occur, the executive director of public works shall determine whether to increase the number of bins or roll-off containers, the size of the bin or roll-off container, or the frequency of collections and the solid waste collection contractor shall furnish such additional services and shall be entitled to compensation from such customers to the same extent as if the customer requested such additional collections from the solid waste collection contractor. ~ SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as 8