(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE. Rejected organic matter, household food, cooking grease or kindred refuse, manure, swill or carrion.
OCCUPATIONAL UNIT. A property or part of a property designed, intended or used for any business purpose other than a single dwelling or multiple dwelling.
REFUSE. All garbage, junk, ashes and all other rejected matter, rubbish and dust.
(B) The commercial refuse container required by this chapter shall be provided or contracted for by the property owner or his or her agent or the occupant of an occupational unit, and shall be a leak-resistant, rodent-resistant and lidded container which is constructed of impervious material and subject to the inspection of any and all departments of the city.
(C) (1) It shall be the duty of the occupant of every occupational unit to provide or contract to maintain in good condition and repair, unless otherwise provided for by lease agreement, sufficient commercial refuse container(s) and scavenger service to meet its waste generation needs, so as not to allow the container(s) to overflow.
(2) It shall be the duty of the licensed scavenger to maintain in good condition and repair the commercial refuse containers. Notwithstanding this requirement, and unless otherwise agreed to by the parties via contract, the occupant shall be liable for its usage of the container(s) and for notifying the property owner or his or her agent of the need for additional containerization or service.
(3) All refuse which is placed for collection service outside of the building must be kept in commercial refuse containers.
(4) It shall be the duty of the occupant of every occupational unit to cause to be removed at his or her own expense and cost at least once each week all refuse produced therein.
(D) (1) It shall be the duty of the owner, his or her agent or occupant of every occupational unit to cause all refuse produced therein to be deposited in a refuse container or compactor and to keep a tightly fitting cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse. The owner, his or her agent or occupant shall maintain the container so that all refuse spilled during usage is removed and the area is cleaned in a timely manner. It shall be unlawful for any person other than the owner, his or her agent or occupant of the premises served by a refuse container to deposit or cause to be deposited therein any article or thing whatsoever.
(2) It shall be the duty of every person responsible for the installation, use or emptying of a sanitary refuse container to keep a tightly fitting cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse.
(E) (1) No person shall deposit refuse in a commercial refuse container, or compactor, in a manner that prevents complete closure of the container’s cover, or deposit refuse on top of a container in a manner that interferes with opening of the container, or pile or stack refuse against a container.
(2) The owner, his or her agent or occupant of a property shall not allow any person to violate division (E)(1) above of this section. The presence of refuse preventing complete closure of the container’s cover, deposited on or piled or stacked against a commercial refuse container or compactor, shall be prima facie evidence of violation of this division.
(F) It shall be unlawful for any person to deposit in any refuse container or compactor any article or thing except refuse as defined in this section.
(G) Any container used for the storage, collection or removal of cooking grease or kindred refuse shall be constructed of impervious material and subject to the inspection by any department of the city.
(H) It shall be the duty of every person responsible for the use of a grease container in which cooking grease or kindred refuse is stored, to:
(1) Keep a tightly fitting cover in place, except when opened for the deposit or removal of its contents;
(2) Remove spillage after every use by applying an appropriate, adequate and proper cleaning agent; and
(3) Contract with a licensed scavenger for grease removal.
(I) Every person owning or operating any business establishment shall cause sufficient removal and disposition of the refuse and discarded materials at his or her own expense and in accordance with the provisions of this code and the rules and the regulations of the Department of Health related to the removal and disposition of the refuse and discarded materials unless they are part of a multiple occupational unit where the building owner is required to provide refuse service. Removal must be by licensed scavenger company.
(J) (1) The owner of a commercial refuse container or compactor at a building where refuse is removed at the expense of the owner, his or her agent or occupant of the property, shall label the container with the following information: the address of the person using the commercial container; in the case of a business, the name of the business served by the container; and, in the case of a residential building, the name of the person responsible for payment for refuse collection service for that container at the building. The labeling shall be indelible, in letters no less than one inch high, in a color that contrasts clearly with its background, placed on the vertical surface opposite the hinge of the container’s cover. The container shall be placed during normal use so that the label is visible from the alley adjacent to the building served by the container.
(2) No person shall cover, alter, obscure or remove the identifying label required under division (J)(1) above of this section.
(K) The Director of Buildings shall have the authority to adopt orders, rules and regulations as he or she may deem necessary for the proper administration and enforcement of the provisions of this section.
(Ord. 03-22, passed 6-10-2003)