(A) Condition of containers. The occupant of every building or premises where garbage and refuse does or may exist shall provide containers made of substantial galvanized iron, plastic, rubber or other non-rusting material in which shall be deposited all garbage and refuse existing at the building or premises. All containers shall be watertight and will have a tight fitting cover. All containers shall be maintained in a reasonably clean, sanitary and odor free condition. Gates and fences must remain in good repair and any gates should remain closed except when dumpsters and grease containers are being filled or emptied.
(B) Dumpsters and grease containers. All dumpsters, compactors, grease containers and similar type containers must be located on or above a smooth surface such as concrete, asphalt or gravel that is kept clean and maintained in good repair. A solid buffer fence constructed of either wood material, or of masonry construction, with opaque gates shall be erected so as to screen the dumpster from the view of adjacent streets and abutting properties. All new fences should be at least 2 feet higher than the containers and provide at least 2 feet of inside clearance on all sides of the containers. All existing fences must be same height or higher than the container. Containers shall not be located in any area conflicting with setback regulations, nor shall any container be located within any public right-of-way, nor shall any container be placed in any parking space.
(C) Dumpster location. No new dumpsters shall be located on any property after the effective date of this chapter without conforming to the requirements of this chapter. All properties containing an existing dumpster, grease container, compactor, or similar type container shall comply with division (B) above within 90 days after the effective date of this chapter.
(D) Construction dumpsters. Construction dumpsters shall be permitted on private property for up to 6 months at a time with a valid building permit. A construction dumpster permit will have to be obtained from the Village Clerk, Mayor or appointee. Every 6 months a new construction dumpster permit will have to be obtained. Construction dumpsters will be exempt from division (B) above but will not be allowed to be placed on public rights-of-way. All construction dumpsters shall be maintained in a reasonably clean and sanitary condition. Containers must be emptied when full and no materials shall be outside the container.
(E) Enclosures required for dumpster containers.
(1) Presently each and every dumpster container is required to be placed within an enclosure and shielded from public view from adjacent streets and abutting properties.
(2) Dumpster enclosures are specifically required to be shielded from public view, with a temporary opening permitted on one side, allowing for the maintenance, the removal, the filling and emptying of the contents of the dumpster container.
(3) It shall be illegal for any and all persons, property owners, lessee, or vendor to place a dumpster container on any site within the village limits, or within the village's extraterritorial jurisdiction, that does not presently contain a dumpster container enclosure that is shielded in conformance with the division.
(4) Each and every dumpster container shall be kept within its enclosure, and shall at all times be shielded from public view, except when it is necessary to temporarily open one side of the dumpster container for maintenance, removal, filling and emptying of its contents.
(5) Any dumpster container that is not in compliance with the shielding requirements of this section shall be removed within ten days of specific notification by the Chimney Rock Village Zoning Administrator.
(F) Maintenance. All garbage and refuse containers, dumpsters, grease containers, and other refuse containers shall be maintained in a manner so as not to create odors or attract vermin and/or animals. If the problems exist the condition will be considered a public nuisance under § 95.01 and will be handled as such under the rules and regulations of Chapter 95 of the Chimney Rock Village Code of Ordinances. Continuing odor problems or other public nuisance problems may necessitate the removal and relocation of the dumpster or other containers.
(2002 Code, Ch. 41, § 41.05) (Ord. passed 4-16-2002; Ord. passed 1-15-2008) Penalty, see § 10.99