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The Director of Public Service is authorized to promulgate rules and regulations governing garbage, rubbish and recycling and is directed to prepare and publish the regulations for the effective administration and enforcement of the provisions of this chapter. Any such rules and regulations shall be updated from time to time and are to be supplemental to, and not in conflict with, this Chapter and shall have the force of law.
(Ord. 2020-54. Passed 12-7-20.)
(a) There are hereby established three classifications relating to the collection of refuse which are designated One, Two, Three and Four-Family Residential, Multi-family Residential and Commercial.
(b) The classifications as indicated in subsection (a) hereof shall be defined as follows:
(1) One, Two, Three and Four-Family Residential. All residential structures used and maintained as single-family residences: two, three and four-family structures as well as townhouses not exceeding four units, kept and maintained in the zoning classification designated Standard Single-Family Residential Districts (A, B, or T) as defined by Chapters 201 and 202 of the Zoning Code of the City of Berea.
(2) Multi-Family Residential. All residential structures used and maintained as apartment houses, boarding houses, motels, hotels in excess of four residential units, which shall include all apartment and townhouse structures which house and contain more than four family units, boarding houses, motels, hotels.
(3) Commercial. All structures kept and maintained for the carrying on of commerce of any kind, either wholesale or retail, which shall include all structures kept and maintained in accordance with the uses permitted by the City's zoning classifications of Transitional Office, Neighborhood Commercial, Commercial Center, Bagley Road Commercial District, Downtown District, Uptown District, Depot District, and General Industrial.
(Ord. 2020-54. Passed 12-7-20.)
The City will provide refuse pickup service in accordance with the following regulations:
(a) Low-Density Residential; and Condominium Units. The City will provide refuse pickup service for one, two, three and four-family residences and for multi-family condominium units in accordance with schedules and regulations adopted by the Department of Public Service. All refuse shall be placed for pickup in accordance with the rules and regulations promulgated by the Director of Public Service pursuant to Section 321.01.
(b) Medium to High Density Residential. The City will not provide for refuse collection from medium to high density residences. These include all residential structures having more than four dwelling units, except multi-family condominium units. All refuse from this classification shall be disposed of in accordance with the rules and regulations promulgated by the Director of Public Service pursuant to Section 321.01 and not in violation of state and federal environmental protection laws.
(c) Commercial-Industrial. The City will not provide for waste collection from this classification. All waste from these properties shall be disposed of by private or commercial means, and not in violation of state and federal environmental protection laws.
No person, firm or corporation shall direct, permit or supervise collection of garbage, or commercial waste at commercial or industrial establishments and/or medium to high density residential facilities before 7:00 a.m. or after 9:00 p.m. in the City.
(Ord. 2020-54. Passed 12-7-20.)
(a) No person shall knowingly or unknowingly place any commercial or hazardous waste out for waste collection.
(b) Whoever violates this section shall be deemed guilty of a misdemeanor of the first degree and no court shall suspend any portion of the first five hundred dollars ($500.00) of any fine levied for conviction under this section or from the costs associated thereto.
(Ord. 2020-54. Passed 12-7-20.)
(a) No person shall place or dispose of, in any manner, any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil, hazardous waste or commercial waste, or anything else of an unsightly or unsanitary nature on any City owned, controlled or administered land, or in any ditch, stream, river, lake, pond, or other watercourse, except those waters which do not combine or effect a junction with natural surface or underground waters, or upon the bank thereof where the same is liable to be washed into the water either by ordinary flow or floods. This section does not apply to any substance placed under authority of a permit issued under Ohio R.C. 6111.04 or exempted by such section from its terms. (ORC 1531.29)
(b) No person not a resident of the City shall bring trash or waste into the City and place it on any public or private property for collection by the City Department of Public Service or a refuse collection contractor hired by the City.
(c) Whoever violates subsections (a) or (b) hereof is guilty of a misdemeanor of the third degree. (Ord. 2020-54. Passed 12-7-20.)
(a) No property owner or person in charge of premises shall maintain or cause to be maintained a compost pile within the City except in full compliance with the provisions of this section.
(b) Definition. As used in this section, "compost pile" means any outdoor pile of organic waste matter permitted to decompose for use on the property where the compost pile is maintained.
(c) Ingredients. A compost pile may consist of combinations of leaves, grass clippings, garden plants and vegetable trimmings, fruit and vegetable matter, nitrogenous based chemicals or fertilizers, lime and water. A compost pile shall not have within it any carnivorous animal manure, vegetable substances other than those specifically permitted herein, cooked kitchen waste, grease, meat, bones and fats or other food scraps.
(d) Formation. A compost pile shall be started at ground level and shall be layered in alternate layers of six to twelve inches separated by nitrogen-based chemicals and/or fertilizers and/or lime, and no such pile shall exceed five feet in height above ground level. Compost piles may also contain layers of soil and herbivore manure. Each compost pile shall be fully enclosed with a fence or other enclosure and shall be completely turned, top to bottom, at least monthly, except between November and March of each year. Composting may also be done within a wholly confined commercial composter.
(e) Location. All compost piles shall be located on the property of the owner or other person lawfully in charge of the property or premises, at least five feet away from any property line, and no closer than thirty feet to any adjoining residential structure, on or off the lot.
(f) Noxious Odors. Compost pile shall be maintained in a manner so as not to cause any offensive or noxious odors.
(g) Removal. Any compost pile in the City which is found to be in violation of these regulations shall be completely removed within seven days after receipt of a written notice from the City to the owner or other person lawfully in possession of the property in which the compost pile is located. Failure to remove a compost pile pursuant to such a notice shall be deemed a criminal violation of this section.
(h) Noncompliance; Remedy of City. If such property owner or other person lawfully in charge of the premises upon which the compost pile is located neglects or refuses to obey such notice as provided for hereinabove, then the Director of Public Service or a properly authorized employee or agent of the Director or Department of Public Service shall be and is hereby authorized to bring the compost pile into compliance or remove the compost pile at the expense of such owner or other person having charge thereof. All expenses incurred by the City for removal and disposition of a compost pile, together with an administrative charge of fifty dollars ($50.00) for each such removal, shall be reported to the Director of Finance, who shall mail a statement of the amount thereof to the owner and/or person in charge of the property from which the compost pile was removed. If, after thirty days, such amount remains unpaid, the Director of Finance shall certify the total amount of the expenses, the name of the owner of the land and a sufficient description of the premises to the Cuyahoga County Auditor to be entered upon the tax duplicate to be a lien on the land from the date of entry, and to be collected as other taxes and assessments, and returned to the City pursuant to Ohio Revised Code, Section 731.54.
(i) Penalty. Any person violating any provision of this section is guilty of a minor misdemeanor upon a first offense, and a fourth-degree misdemeanor upon being found guilty of any subsequent offense.
(Ord. 2020-54. Passed 12-7-20.)
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