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Despite Appeal, City Again Fines Business Owner For Not Using Waste Management (Updated)

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Business owner Mark McKinnon received a second fine this week from the City of Reno for not using Waste Management for his business’s recycling.

It’s McKinnon’s second fine in a month; the first was $100, and this one was $250. He appealed the first citation and is expecting a hearing in January.

The $250 fine was sent while an appeal against the first fine is pending.

“Now I will have paid $100 in appeal fees, which is the amount of the first fine,” he said. “We are getting really close to me actually being arrested for this.”

The city said that McKinnon may not have standing to appeal.

“The second notice was issued before Code Enforcement staff was aware that the initial appeal was filed,” said city spokesperson Matt Brown. “The reason for this misunderstanding is that Mr. McKinnon is not the actual property owner, nor did he indicate he is the representative of the property owner or property management company. The City of Reno will hold off on further enforcement until it is determined if Mr. McKinnon has standing to appeal the citation.”

McKinnon responded that he is the property owner of one of the buildings at the location and the president of the building association.

McKinnon’s ongoing battle with the city started when it was noticed that he was using a Waste Management competitor, Green Solutions, for recycling collection.

The city is taking a harder stance on its interpretation of its franchise agreement with Waste Management. A legal review asserted Waste Management’s near monopoly on waste collection despite previous council members saying it was never the intent to have Waste Management become a monopoly.

Cases are pending in court challenging Waste Managment’s waste collection exclusivity.

This story has been updated to include a statement from the City of Reno and McKinnon’s response.

Bob Conrad
Bob Conradhttp://thisisreno.com
Bob Conrad is publisher, editor and co-founder of This Is Reno. He has served in communications positions for various state agencies and earned a doctorate in educational leadership from the University of Nevada, Reno in 2011. He is also a part time instructor at UNR and sits on the boards of the Nevada Press Association and Nevada Open Government Coalition.

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