951.03 RATES, COLLECTION AND DISPOSAL.
   (a)   Applicable Collection Rate; Surcharge. Effective May 1, 2017, each residential unit shall pay fifteen dollars and fifty cents ($15.50) per month, or any portion thereof, plus the current Fuel Cost Surcharge (FCS) as calculated and defined below, payable upon receipt of a statement for same; each two (2) unit residence shall pay thirty-one dollars ($31.00) per month or potion thereof, plus the current (FCS); and each three (3) unit residence shall pay forty-six dollars and fifty cents ($46.50) per month or portion thereof, plus the current FCS. There is hereby created a Fuel Cost Surcharge which shall be added to each residential billing, as set forth above. The Fuel Cost Surcharge (FCS) is defined to be an additional charge based upon the cost of fuel per gallon as established by reference to the United States Energy Information Administration (EIA) Weekly On-Highway Diesel Prices - Average All Types-United States, to be recalculated bimonthly commencing with the week of May 1, 2017. The current FCS shall be calculated as follows: a surcharge of 0.05% of the applicable collection rate shall be added for each one cent ($0.01) of fuel cost over and above a base rate of ninety-five cents ($0.95) per gallon. By way of illustration only, if the average cost of fuel in the United States as determined by reference to the above publication is four dollars and one cent ($4.01) per gallon, then the surcharge shall be 15.5% of the applicable collection rate.
   The total monthly rate, as calculated above, shall be pro-rated on a daily basis with an assumed 30-days-per-month for any service periods of less than a full month which need to be billed or paid.
   (b)   Multiple dwellings shall be billed at the aforementioned single residential unit monthly rate fifteen dollars and fifty cents ($15.50) plus current (FCS) per residence, with each apartment considered a separate residence. The property owner shall be responsible for providing adequate sanitation service for the entire multiple unit residence. Properties consisting of four or more units shall receive City Commercial container service, if the same is available through the City, at rates of collection existing at the time said commercial container service is requested; or to contract commercial sanitation/refuse pickup through a properly licensed private sanitation/refuse hauler. One, two and three-unit dwellings must receive City residential, curb-side service at the foregoing established rate per month, in accordance with the aforementioned billing procedures.
   (c)   Rates for collection and disposal for residential units shall entitle the householder to the equivalent of one pick-up per week of ordinary and reasonable accumulation of solid waste with a limit of three (3) containers or nine (9) bags as specified and described in subsection (f) below. In areas of the City where curbside recycling is offered, the City will provide one sixty-four (64) gallon container for solid waste and one sixty-four (64) gallon container for recycling. Refuse and recycling disposal will be limited to this one container. Solid waste will be collected once per week. Recycling shall be collected as determined necessary by the City Manager or his/her designee and collection dates shall be published by the Sanitation Department. Any unusual accumulation of solid waste occasioned by tree or hedge removal or other extensive trimming, remodeling, demolition, construction or other activity is not included in the regular rates for collection and disposal services. Any abnormal amounts of material may be picked up and removed by the Sanitation Department for an additional charge as established prior to collection and before material is placed by the curb by the Superintendent or his or her authorized agent. Residents are required to pay for this service in advance. In areas where curbside recycling is available, accumulation of solid waste exceeding the one container limit will require residents to have an additional sixty-four (64) gallon City container and an additional ten dollars ($10.00) a month will be added to the rate for service. Residents requiring an additional container for recycling materials shall not be charged an extra fee per month.
   (d)   In such cases for which classification has not been provided, there is vested in the City Manager, authority to establish rates based on the value of the services to the individual, business, firm or corporation.
   (e)   No person, business, firm or corporation shall, within the limits of the City of Ashtabula, throw any refuse or solid waste upon the ground or bury the same upon any premises, public or private. Further, any person, business, firm or corporation whose premises or adjoining public right-of-way constitutes a nuisance due to the accumulation of litter, rubbish, refuse or solid waste thereon shall be given written notice by the City of Ashtabula to rid the property of such nuisance. Such notice shall prescribe a period of seven (7) days in which to comply. Upon noncompliance, after the expiration of seven (7) days after receipt of notice, the City may undertake to rid the premises of such notice, using its facilities. The cost of labor and equipment thus expended for the collection and disposal of the accumulation shall be billed to the person, business, firm or corporation in charge of the property, which bill shall be paid within a period of thirty (30) days from receipt thereof. If not paid, the charge shall be certified by the City Finance Director to the County Auditor and shall constitute a lien on the premises thus improved by the City.
   (f)   It shall be the duty of each family, person, business, firm, etc., to secure solid waste collection and disposal services and to provide suitable portable approved containers for holding all solid waste. Said containers shall be water-tight and provided with suitable handles and a tight fitting lid which shall not be removed except when necessary in the use of such containers. Each container shall have a capacity of not more than thirty-two (32) gallons. Plastic bags of high density tensile strength are acceptable containers so long as said plastic bags are securely tied or sealed and are otherwise water-tight. In areas where curbside recycling is available, the City will provide one sixty-four (64) gallon container for solid waste and one sixty-four (64) gallon container for recycling. These containers shall remain the property of the City of Ashtabula as well as any additional containers provided by the City upon the resident(s) request. The property owner shall be responsible for replacement of any container lost, stolen or damaged. The cost of to replace a container shall be determined by the City Manager or his/her designee and published by the Sanitation Department.
   (g)   All garbage and solid waste, before being deposited in said containers, shall be thoroughly drained of all waste and other fluids and securely wrapped in paper or plastic bags. Recycling items shall be placed loose, not in bags, in specified container. A list of acceptable recycling materials shall be published by the Sanitation Department and is subject to change from time to time.
   (h)   The word “garbage” shall be held to designate or include all waste or fish, fowl, fruit, vegetable and animal matter resulting from the preparation of food for human consumption.
   (i)   All garbage and solid waste containers must be placed out-of-doors in close proximity to each other, and easily accessible to the refuse collector.
   (j)   The words “solid waste” shall not include such materials as broken or whole bricks or cement, stone, rock, gravel, cinders, asphalt, earth, aerosol cans, antifreeze, appliances, asbestos, barrels, batteries, chemical products, computers, contaminated oils, fluorescent tubes, hazardous waste, herbicides, pesticides, industrial waste, lubricating/hydraulic oil, medical waste, microwaves, monitors, motor oil, oil filters, flammable liquids, propane tanks, solvents, televisions, tires, transmission oil, furniture, paint or construction debris. Items of this nature found in either residential trash or commercial trash will be subject to fines imposed by the Sanitation Department.
   (k)   No person, business, firm or corporation shall cause to conceal and/or mix hazardous or toxic waste with solid waste.
   (l)   In no case shall any person place solid waste containers at curbside earlier than 6:00 p.m. on the day prior to scheduled pickup, unless approval for an earlier time has been obtained from the head of the Sanitation Division. Except as set forth herein, no solid waste or containers may be placed or stored on or in a front or side porch, front yard, sidewalk or tree lawn.
(Ord. 2020-139. Passed 12-21-20.)