A. All owners of multifamily residential complexes consisting of three or more units shall provide recycling service to the residents thereof. Multifamily residential complex owners shall provide and maintain one or more recycling containers with a total capacity of at least 64-gallons for every ten (10) units. The recycling containers shall be located in areas that are equally convenient for use by residents as are the areas in which solid waste containers are located. For multifamily residences existing at the time this requirement is adopted and for which the building official determines that there is no adequate location to accommodate recycling containers as required by this section, the building official may approve alternative locations or an alternative container capacity.
B. The location of recycling containers at multifamily residential complexes consisting of 3 or more residential units for which a building permit is issued on or after the effective date of this section shall be determined in accordance with the provisions set forth in Title 19 of this code.
C. The location of recycling containers at existing multifamily residential complexes, and multifamily residential complexes for which a building permit has been issued prior to the effective date of this section, shall be as set forth below.
1. Recycling containers shall be located in an enclosed area within, or next to, existing trash enclosures; provided, however, that no container shall be placed in such a manner that reduces or eliminates existing significant landscaping features or spaces currently designated for automobile or bicycle parking.
2. The owner, or an authorized agent of the owner, of each multifamily residence subject hereto, who is unable to place the required recycling containers within, or next to, existing trash enclosures, shall, within 3 months of the effective date of this section, and prior to the placement of any recycling containers, submit a recycling collection site plan to the city’s planning division setting forth the proposed location for one or more recycling containers. The plan also shall include a written explanation as to why the recycling containers cannot be placed within, or next to, the existing trash enclosures. Recycling collection site plans shall not eliminate or reduce existing significant landscaping features or spaces currently designated for automobile or bicycle parking in order to accommodate recycling containers.
3. If existing conditions at a multifamily residence subject to this section prevent the location of recycling containers within or next to existing trash enclosures, the city's director may approve alternative locations. In reviewing and approving such plans, the primary goal shall be to institute an accessible recycling collection program at each multifamily residential complex while minimizing undue hardships for the residents or owners thereof. It is recognized that due to conditions in existing multifamily residential units, it may be necessary to allow for flexibility in the number of containers placed and the locations of the containers. In approving a plan, the director may impose any conditions or requirements deemed necessary to accomplish this goal.
4. Recycling collection site plans shall be subject to architectural review approval by the planning director, provided, however, that a recycling collection site plan shall be subject to architectural review by the city's architectural review board if the director determines that the plan provides for the elimination or relocation of significant landscaping features or a significant reduction in the size of any significant landscaping feature or the number of spaces designated for automobile or bicycle parking.
5. The director shall notify, in writing, each applicant submitting a recycling collection site plan of the action taken by the director in approving or denying the plan. If a plan is not approved, the applicant shall submit revised plans within 30 days after the director gives notice that the plan has not been approved. Any determination of the director in approving or denying a plan may be appealed to the city council pursuant to the procedures set forth in Chapter 2.80 of this code.
D. Each owner of multifamily residential units subject to this section shall provide the recycling containers required therein within 6 months after the effective date of this section.
E. After the placement of recycling containers at a multifamily residential complex subject to this section, at the time that any lease or rental agreement is signed by a tenant for a multifamily unit in that complex, the owner, or agent of the owner, thereof shall (1) inform the new tenant of the availability of recycling, the location of the recycling collection sites and the materials that may be recycled, and (2) provide the new tenant with written information describing the city's recycling program. Such written information shall be provided to the owners or their agents by the city’s solid waste permittees.
(Ord. 1955 §6, Ord. 2113 §14, Ord. 2221 §1, Ord. 2268, Ord. 2439 §69)