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951.03 SUPERVISION; REGULATIONS.
All refuse accumulated in the Municipality shall be collected, conveyed and disposed of by the Municipality under the supervision of the Director. The Director shall have the authority to make regulations concerning the days of collection, the type and location of waste containers and such other matters pertaining to collection, conveyance and disposal as he finds necessary and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
(Ord. 97-011. Passed 2-4-97.)
951.04 APPEALS.
Any person aggrieved by a regulation of the Director shall have the right of appeal to the Mayor who shall have the authority to confirm, modify or revoke any such regulation.
(Ord. 97-011. Passed 2-4-97.)
951.05 PRECOLLECTION PRACTICES.
(a) Separation of Refuse and Recyclables.
(1) Garbage and rubbish. Garbage and rubbish shall be placed and maintained in separate containers.
(2) Recyclable glass. Cans and Plastic. Recyclable glass, cans and plastic may be placed and maintained in the same bag.
(3) Newspapers, magazines and cardboard. Newspapers shall be separated from magazines and cardboard.
(4) Junk mail. Junk mail shall be put with the regular rubbish.
(5) White goods. All appliances shall be put with the regular refuse. Remove doors for safety purposes.
(6) Clean scrap metal. Clean scrap metal may be placed with the other recyclables.
(b) Preparation of Refuse and Recyclables.
(1) Garbage. All garbage, before being placed in garbage cans for collection, shall have drained from it all free liquids.
(2) Rubbish. All rubbish shall be drained of liquid before being deposited for collection.
(3) Glass, cans and plastic. All recyclable glass, cans and plastic containers shall be rinsed and lids removed and shall be placed in blue plastic recycling bags to be purchased by the resident or in blue plastic shopping bags.
(4) Newspapers, magazines and cardboard. Newspapers shall be bundled or placed in brown paper shopping bags. Magazines shall be bundled separately or placed in brown paper shopping bags. Cardboard shall be bundled separately. Cardboard cartons must be broken down and included with other tied cardboard. Bundles shall not exceed forty pounds in weight. No newspapers, magazines or cardboard to be recycled shall be placed in plastic bags. No junk mail shall be included with other recyclable paper.
(5) Appliances and furniture. All appliances and furniture shall be put out with the regular refuse. Freon will be removed from refrigerators and air conditioners by the City's collector.
(6) Clean scrap metal. Scrap metal is to be clean and may be placed with the other recyclables.
(7) Trimmings and clippings; brush and tree branches. Tree trimmings, hedge clippings and similar material shall be cut to length not to exceed four feet and securely tied in bundles not more than two feet thick before being deposited for collection. Brush and tree branches up to ten inches in diameter shall be placed on the tree lawn with cut ends facing the street.
(8) Lumber, metal pipes, and other loose material. Lumber, metal pipes, and other loose material shall be cut to length not to exceed four feet and securely bundled.
(9) Carpeting and padding. Carpeting and padding shall be cut and rolled into bundles not to exceed six feet in length.
(Ord. 97-116. Passed 7-1-97.)
(c) Refuse Containers; Duty to Provide and Maintain in Sanitary Condition.
(1) Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The Director shall have the authority to refuse collection services for failure to comply herewith.
(2) Garbage. Garbage containers shall be made of metal or durable plastic, equipped with suitable handles and tightly fitting covers and shall be watertight.
A. Capacity. Garbage containers shall have a capacity of not more than forty gallons.
B. Sanitation. Garbage containers shall be of a type approved by the local health authority and shall be kept in a clean, neat and sanitary condition at all times.
(3) Rubbish. Rubbish containers shall be of a kind suitable for collection purposes and shall be of such weight that they can be handled by one man.
(d) Storing of Refuse; Public Places. No person shall place any refuse in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Municipality, except in proper containers for collection or under express approval granted by the Director; nor shall any person throw or deposit any refuse in any stream or other body of water.
(1) Unauthorized accumulation. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within thirty days shall be deemed a violation of this chapter.
(2) Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the Municipality any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises within the Municipality.
(Ord. 97-011. Passed 2-4-97.)
(e) Points of Collection. Refuse containers shall be placed for collection at ground level at the curb of the roadway but not upon any roadway, berm or sidewalk, except that containers may be placed for collection at other than ground level and at another place than that herein specified when the same is first approved by the Director. Recyclable materials are to be placed in a separate pile to the right of the garbage and nonrecyclable rubbish. Refuse and recyclables will be picked up by two separate trucks. Recyclable materials will be picked up first and garbage and nonrecyclable rubbish second.
(Ord. 97-116. Passed 7-1-97.)
951.06 COLLECTION PRACTICES.
(a) Frequency of Collection.
(1) Residential. Refuse accumulated by residences shall be collected at least twice each month.
(2) Commercial. Commercial and industrial establishments shall dispose of their own refuse at their own expense. However, the accumulation, the keeping and the disposition of refuse shall be in accordance with this chapter.
(b) Limitation on Quantity.
(1) Residential. The Director shall collect a reasonable accumulation of refuse from each family during a collection period.
(2) Commercial. Commercial and industrial establishments shall handle their refuse in accordance with subsection (a)(2) hereof.
(c) Special Refuse Problems.
(1) Contagious disease refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the County Health Officer. The refuse shall not be placed in containers for regular collections.
(2) Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Director.
(d) Collection by Actual Producers and Outside Collectors.
(1) The actual producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, persons who desire to dispose of waste material not included in the definition of refuse and collectors of refuse from outside of the Municipality who desire to haul over the streets and roads of the Municipality, shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled.
(2) Disposal. Disposal of refuse by persons so permitted under subsection (d) (1) hereof shall be made outside the municipal limits, unless otherwise specifically authorized by the Director. The Director shall have authority to permit the disposal of such materials on the Municipal Dump.
(3) Rules and regulations. The Director shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling of refuse over municipal streets by outside collectors as he finds necessary, subject to the right of appeal as set forth in Section 951.04.
(e) Refuse Property of Municipality. Ownership of refuse material set out for collection or deposited on the Municipal Dump shall be vested in the Municipality.
(Ord. 97-011. Passed 2-4-97.)
(f) The City of Bedford Heights, and/or its contractor may furnish designated containers for the collection and disposal of garbage and refuse to residents. Notwithstanding any other provision of the Codified Ordinances, the City, in its sole discretion, may permit the contractor to identify the containers furnished to residents by listing the name and telephone number of the contractor on said containers.
(g) In the event the City and/or its contractor supply residents with refuse containers to be used to dispose of garbage and/or refuse from residents, all garbage and refuse shall be placed in the containers approved by the City and its contractor. If a resident refuses or fails, after written notice, to use the approved refuse containers to dispose of garbage and/or refuse, the City and/or its contractor will not collect said garbage from said residential property. In that event, the resident shall be responsible to collect and dispose of his/her garbage and/or refuse subject to all requirements of the Codified Ordinances. Furthermore, in the event, said resident shall not leave garbage or refuse on his/her property including the tree lawn area in an unapproved refuse container or bag beyond the normal collection times established by the City and/or its contractor. If garbage or trash is not collected due to the resident’s refusal or failure to use containers approved by the City and/or its contractor and the garbage and trash is left on the resident’s property or tree lawn after normal collection times established by the City and/or its contractor, the resident is in violation of this section and is subject to the penalties outlined in subsection (h) below.
(h) Whoever violates subjection (g) above is guilty of a minor misdemeanor and is subject to a fine of up to one hundred fifty dollars ($150.00). Each day such violation continues shall constitute a separate offense.
(i) A resident who uses the designated containers for the collection and disposal of garbage and refuse, but must use additional bags or containers due to a large volume of garbage and refuse to be disposed of, is not in violation of subsection (h) above so long as such additional bags or containers are in compliance with rules promulgated by the Director of Service. (Ord. 2015-135. Passed 12-1-15.)
951.07 REFUSE AND RECYCLABLE PICKUP.
(a) Refuse containers and recyclables shall be placed for collection as provided in Section 951.05 not earlier than 6:00 p.m. on the day prior to the time of scheduled pickup. Whenever a holiday falls on a Monday through Thursday, the regular scheduled collection day shall be one day late. (Ord. 99-131. Passed 7-6-99.)
(b) Whenever subsection (a) hereof has been violated by placement of refuse for collection earlier than twenty-four hours prior to the time of scheduled pickup, the Director shall comply with the following procedure:
(1) On the first occasion of a violation, the Director shall issue a written warning notice to the property owner advising that further violations shall be subject to a citation and potential monetary fine up to one hundred dollars ($100.00).
(2) On the second occasion of a violation by the same property owner, the Director shall issue a second notice of violation warning the property owner that any further violations will automatically be referred to the Police Department for the issuance of a citation to appear in court for such violation.
(3) On a third occasion of a violation by the same property owner within a one- year period, the Director shall forward to the Police Department the evidence of the two prior notices and request a citation to court for violation of this section be issued to the property owner.
(Ord. 97-011. Passed 2-4-97.)
(c) Whoever violates any provision of subsection (a) hereof shall be guilty of a minor misdemeanor and subject to a fine of one hundred fifty dollars ($150.00). Each day such violation continues shall constitute a separate offense. (Ord. 2008-220. Passed 12-2-08.)
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