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Any alderman may introduce into the city council, on behalf of the governing associations or boards of condominiums, cooperative residential buildings and those townhouses which do not qualify to receive the services provided by the city for refuse collection, an ordinance providing for the rebate of the cost incurred by owner-occupied units of the residential building for refuse collection. Beginning January 1, 1995, the implementation of a recycling program by governing associations or boards, pursuant to Section 11-5-021 of the Municipal Code, shall be a condition for receiving such a rebate. Attached to this ordinance shall be a notarized statement listing the amount of the annual cost incurred for refuse collection for the residential units in the building, the number of residential units in the building, and a letter confirming the executed agreement with the private scavenger service providing refuse collection for the residential building. The original ordinance and notarized statement shall be referred to the committee on finance, and such referral must occur on or before the last day of February of the calendar year immediately following the billing period for refuse collection. If such referral does not take place in a timely fashion for any given year, the affected units shall no longer be eligible for any further refuse rebates pursuant to this section. A copy of the ordinance and attached notarized statement shall be transmitted to the city comptroller.
After review, the committee on finance may recommend that the city council approve the reimbursement to the governing association or board in an amount equal to the annual cost incurred for the refuse collection for the owner-occupied residential units in the building; provided, however, that the aggregate annual amount of the reimbursement paid to a governing association or board shall not exceed an amount equal to the number of owner-occupied residential units in the building multiplied by $50.00 for rebates applicable to 2012, and $25.00 for rebates applicable to 2013, 2014 and 2015. The rebate authorized by this section shall cease for 2016 and thereafter, and this section shall be repealed of its own accord, without further action by the city council, on February 1, 2016. Such repeal shall not impair the processing of rebate requests that have been properly submitted and referred to the committee on finance pursuant to this section prior to February 1, 2016. During the first year in which the cost of refuse collection is reimbursed, the governing association or board shall submit the bill for the prior year's refuse collection services. For each year thereafter the governing association or board shall submit their notarized statement within one year of the proposed reimbursement period to be eligible for the program.
The city council may not reimburse a governing association or board for the cost of refuse collection services which is unreasonable or which has not been timely referred in ordinance form as specified in the first paragraph of this section to the committee on finance.
In no event shall the governing association or board be reimbursed for that portion of the cost of refuse collection attributed to any commercial or other nonresidential unit located in the residential building. After city council's approval of the reimbursement, the city comptroller promptly shall pay the governing association or board the approved reimbursement.
For the purposes of this section, refuse shall include recyclable materials and the rebate authorized herein shall apply to collections made by business entities engaged in resource recovery. Provided, however, that nothing in this paragraph shall be construed to increase the total amount of rebate authorized in this section. Eligibility for the rebate authorized by this section shall be limited to owner-occupied units that also applied for and were granted one or more rebates pursuant to this section between January 1, 2009 and November 9, 2011.
(Prior code § 99-18.1; Added Coun. J. 12-12-84, p. 11848; Mayoral veto. 12-18-84, p. 11986; Added 12-31-84, p. 12258; 9-13-89, p. 4607; Amend Coun. J. 4-22-93, p. 31043; Amend Coun. J. 11-5-93, p. 40151; Amend Coun. J. 5-18-94, p. 50664, § 1; Amend Coun. J. 11-16-11, p. 13793, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. IX, § 1; Amend Coun. J. 1-17-13, p. 44847, § 1)
(a) It shall be the duty of the owner, his agent or occupant of every single dwelling, multiple dwelling producing less than 32 gallons of refuse per week,]* or a multiple dwelling, occupational unit to cause all refuse produced therein to be deposited in a refuse container or compactor as provided in Section 7-28-220 or 7-28-225, 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 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 agent or occupant of the premises served by a refuse container to deposit or cause to be deposited therein any article or thing whatsoever.
* Editor's note – Bracket shown is as set forth in Coun. J. 7-7-99, p. 6985, an amending ordinance in which bracketed material was to be deleted but no initial bracket was published.
(b) 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.
(c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each use. Each day that a violation continues shall constitute a separate and distinct offense.
(Prior code § 99-19; Amend Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985)
(a) No person shall deposit refuse in a standard or 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.
(b) The owner, his agent or occupant of a property shall not allow any person to violate subsection (a) of this section. The presence of refuse preventing complete closure of the container's cover, deposited on or piled or stacked against a standard refuse container, a commercial refuse container, or compactor shall be prima facie evidence of violation of this subsection (b).
(c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985)
It shall be unlawful for any person other than a city refuse collector or a private scavenger licensed by the city, to remove, displace, uncover, or otherwise disturb, any refuse container or the contents thereof when placed on location, as provided for in Section 7-28-230.
(Prior code § 99-21)
Ashes stored inside any non-fireproof building shall be stored only in masonry bins, approved metal ash cans, or steel truck tanks. All ash containers shall be kept at least five feet from combustible material. Ashes shall not be stored inside or outside of any building in wood receptacles, or dumped in contact or in proximity to any combustible material.
(Prior code § 99-22)
Every person owning or controlling any hotel, restaurant, café, or retail food establishment that uses a commercial refuse container shall cause all substances deposited in such containers to be removed from his premises on each day of operation. Such person shall cause the removal and disposition of such substances in accordance with the provisions of this Code and the rules or regulations of the department of health relating to the disposition and removal of such substances.
(Prior code § 99-23; Amend Coun. J. 7-7-99, p. 6985)
Every grease container shall be constructed of impervious material and subject to the inspection of the department of health and the department of streets and sanitation.
(Added Coun. J. 4-15-95, p. 67576; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 2-10-16, p. 18540, § 1)
(a) 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; and (2) remove spillage after every use by applying a cleaning agent approved by the commissioner of the department of streets and sanitation, and (3) contract with a licensed scavenger for grease removal.
(b) It shall be the duty of every grease hauler responsible for the collection of any grease container in which cooking grease or kindred refuse is stored, to (1) provide a tightly fitting cover for the container; (2) resecure the container cover if it is removed during collection; and (3) remove any grease spilled during collection by applying a cleaning agent approved by the commissioner of the department of streets and sanitation.
(c) In accordance with Section 7-28-302(a)(2) and (b)(2), cooking grease or kindred refuse spilled in the public way or open loading dock shall be cleaned with an inorganic, inert material capable of absorbing and neutralizing grease. Approved materials include, but are not limited to, sand, clay, bentonite, sawdust, and combinations of these materials sold as commercial absorbents.
(d) Any person who violates any provision of this section shall be fined not less than $250.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 4-15-95, p. 67576; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 12-4-02, p. 99931, § 4.4)
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