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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)
A. Any solid waste collector failing to comply with the requirements of the residential recycling programs provided for by this chapter or by Chapter 5.16 of this Code shall be assessed a civil penalty by the City Manager in the manner provided for by Chapter 1.15 of this Code. The amount of the civil penalty assessed for such violations shall be as follows:
1. First violation: $500;
2. Second violation within six months of the first violation: $1,000;
3. Third and subsequent violations within 12 months of the first violation: $2,500 for each offense.
B. Any owner of a multifamily residential complex who violates the provisions of this chapter by failing to provide the residential recycling containers and/or information as required herein shall be assessed a civil penalty by the City Manager in the manner provided for by Chapter 1.15 of this Code. Provided, however, that prior to the imposition of such penalty for a first violation, the City Manager shall cause written notice of the violation to be mailed to the owner of the multifamily residential complex indicating the nature of the violation and that failure to correct such violation within fifteen (15) days of the date of the notice will result in the imposition of the civil penalty. No such written notice shall be required for subsequent violations. The amount of the civil penalty for such violations shall be the same as set forth in paragraph A. of this section.
(Ord. 2057)
It shall be unlawful for any person, other than the owner of the recycling containers or a person authorized by the owner of the recycling containers, to remove, upset or otherwise disturb such containers or recyclable solid waste placed therein.
(Ord. 1860 §13)
A. Receptacles and Bundles; Types and Size. All recyclable yard debris shall be placed for collection within receptacles so that the lid will close. Alternatively, recyclable yard debris may be bundled, provided that the material does not exceed four feet in length and 18 inches in diameter, is secured and each bundle is easily handled by one person. Recyclable yard debris shall not be placed in plastic bags or any receptacle other than a receptacle provided by the provider of the recyclable yard debris collection service.
B. Placement of recyclable yard debris receptacles within front yards and adjoining public rights-of-way. Recyclable yard debris receptacles and bundles shall be placed in the front yard or adjoining public right of way not more than twelve hours in advance of the day on which the collection services are to be provided and shall be removed from the front yard or adjoining public right of way the same day upon which solid waste collection services are provided. However, in locations where the collector of the recyclable yard debris determines that recyclable yard debris collection may be made from an alley, and upon notification to its customers in those locations that collection shall be from an alley, recyclable yard debris receptacles and bundles shall be placed within the alley. Such receptacles and bundles shall not be placed in a position that will obstruct public streets, alleys, public sidewalks or any public or private driveway.
C. Seasonal Leaf Pickup Program.
1. Definitions. For purposes of this section, the following serves shall be defined as follows:
a. Residential yard debris generator shall mean the owner of a parcel of property which is improved with one, two or three dwelling units and which is within the city limits.
b. Non-residential yard debris generator shall mean all generators of yard debris who are not residential yard debris generators, including commercial yard debris generators.
c. Commercial yard debris generator means any business providing landscape maintenance services within the City.
2. Residential yard debris generators. During leaf drop season, residential yard debris generators may place leaves in piles in public streets and rights of way in compliance with the following. The piles of leaves placed in public streets and rights of way must be no larger than four feet in length, four feet in width and four feet in height and shall be placed one foot from the curb or property line, if no curb exists. However, in streets which have bike lanes adjacent to the curb, the leaf piles shall be placed outside of the bike lane, but not in the traffic lane. Leaf piles may be placed in the street longer than twelve hours prior to collection.
3. Non-residential yard debris generators. During leaf drop season non-residential yard debris generators shall not place leaves in piles in public streets and rights of way but may use drop off sites for leaf pickup at various locations throughout the city as identified annually by the city.
D. Contents of Receptacles, Bundles, and Piles. Receptacles, bundles and piles of leaves shall contain recyclable yard debris only and no other solid waste and recyclable solid waste and shall not be offensive or a nuisance to any person.
E. Storage of Receptacles. Except when set out for collection, recyclable yard debris receptacles shall be stored and maintained to the side or rear of the structure where the solid waste is generated and out of public view unless it is determined by the Building Official that this is not feasible. This subsection shall not apply to containers set out for collection in alleys.
(Ord. 2107 §2, Ord. 2127 §32, Ord. 2253, Ord. 2284, Ord. 2398)