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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
TITLE I: STREET AND SIDEWALK AREAS
TITLE III: ELECTRICITY
TITLE V: WATER SUPPLY
TITLE VII: SEWERS AND SEWAGE DISPOSAL
TITLE IX: MUNICIPAL SERVICES
CHAPTER 551 - WASTE COLLECTION AND DISPOSAL
§ 551.01 Definitions
§ 551.02 Approved Waste Containers
§ 551.021 Waste Containers Used for Commercial Solid Waste
§ 551.022 Solid Waste Collection Fee Fixed Rate
§ 551.03 Unacceptable Containers
§ 551.04 Setting Out Containers
§ 551.041 Infractions Related to Automated Waste Collection and Curbside Recycling
§ 551.05 Special Waste
§ 551.051 Minimum Collection Intervals
§ 551.06 Responsibility to Provide Containers and Location of Containers
§ 551.07 Wrapping and Storage of Garbage
§ 551.08 Scattering Solid Waste
§ 551.081 Scavenging of Recyclable Materials Prohibited
§ 551.082 Scavenging of Solid Waste
§ 551.09 Public Solid Waste Containers
§ 551.10 Commercial Waste Disposal
§ 551.11 Commercial Waste Disposal Charges
§ 551.111 Setting out an Excessively Large Quantity of Waste for Collection Prohibited; Applicability; Penalty
§ 551.112 Dumpster and Compactor Rentals
§ 551.113 Agreements for the Use of the Ridge Road Transfer Station
§ 551.12 Certificates of Commercial Waste Collection Contract
§ 551.13 Unauthorized Removal of Solid Waste
§ 551.14 Deposit of Dead Animals and Offensive Substances
§ 551.15 Removal of Dead Animals
§ 551.16 Prohibited Material for Filling and Grading
§ 551.17 Manure and Fertilizer
§ 551.18 Vehicles Containing Solid Wastes
§ 551.19 Licensing of Private Vehicles for Hauling Waste
§ 551.191 Waste Hauling Fee
§ 551.20 Denial, Revocation and Suspension of License
§ 551.21 Appeal from License Denial, Revocation or Suspension
§ 551.22 Hours of Collection and Transportation
§ 551.23 Cleaning Vehicles
§ 551.24 Vehicles and Boats with Offensive Lading
§ 551.25 Parking Vehicles
§ 551.26 Dumping Prohibited
§ 551.262 Reward for Information Regarding Illegal Dumping
§ 551.263 Cancellation of City Demolition Contracts for Dumping
§ 551.27 Vehicle Log
§ 551.28 Persons Prohibited from City Waste Facilities
§ 551.29 Use of City Transfer Site
§ 551.291 Transfer Station Service Charge
§ 551.30 Use of Tire Shredder
§ 551.301 Tire Shredding Service Charge
§ 551.31 Waste Disposal Facility License Required
§ 551.32 License Application; Investigation; Fee
§ 551.33 Renewal of License
§ 551.34 Denial, Revocation and Suspension of License
§ 551.35 Appeal from License Denial, Revocation or Suspension
§ 551.351 Property Used for Transfer of Solid Waste
§ 551.36 Impounding of Vehicles
§ 551.37 Enforcement
§ 551.38 Disposal of Used Tires; Reporting
§ 551.39 Issuance of Tickets by Employees of the Department of Public Service
§ 551.99 Penalty
§ 551.991 Civil Infractions
CHAPTER 553 - MARKETS
CHAPTER 555 - WEIGHTS AND MEASURES
CHAPTER 557 - CEMETERIES
CHAPTER 559 - PARKS
CHAPTER 561 - LANDFILLS - REPEALED
TITLE XI: PORT CONTROL
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 551.02 Approved Waste Containers
   Waste containers approved for residential collection by the City shall be substantially constructed of plastic, nonrusting metal or other nonleakable, nonabsorbent material. Such containers shall be capable of being tightly closed by lid or tie, so as to prevent insect breeding, spillage of refuse and other health and safety problems. Containers shall not exceed seventy (70) pounds in weight when filled. Rigid containers of metal, plastic or other nonleakable nonabsorbent material shall be equipped with handles to facilitate handling. Plastic bags shall be of sufficient gauge to prevent easy tearing. The container shall be of such a size, shape and weight that, when filled, it may be easily handled by one (1) person.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
§ 551.021 Waste Containers Used for Commercial Solid Waste
   All waste containers and dumpsters used or maintained for the collection, storage or disposal of commercial solid waste shall be tightly closed with a lid or cover at all times, except during the act of loading or unloading, so as to prevent insect breeding, spillage of refuse and other health and safety problems.
(Ord. No. 2892-87. Passed 2-8-88, eff. 2-11-88)
§ 551.022 Solid Waste Collection Fee Fixed Rate
   (a)   All residential properties shall be charged a monthly rate of $8.75 per unit for the collection and disposal of solid waste. The per unit fee shall be discounted by fifty percent (50%) for a residential property owner that receives a reduction in their water rate under the homestead provisions of Chapter 535.
   (b)   The fee shall be included on the property owner's water bill and shall be due when the water charges are due.
   (c)   Exemptions.
      (1)   A residential property owner that resides in a multiple unit dwelling where the other units of the dwelling are vacant and not used for rental purposes, may request an exemption from the per-unit charge for the unoccupied units.
      (2)   If a residential property owner resides in their own property and that property has been unoccupied for a consecutive period of sixty (60) or more days, the owner may request a fifty percent (50%) discount from the per-unit charge during that time.
   (d)   The Director of Public Works shall create rules and regulations establishing guidelines for vacant properties.
   (e)   As used in this section:
      (1)   "Residential property" means real property that is improved by a building or other structure that has one (1) to four (4) dwelling units.
      (2)   "Dwelling unit" means a room or group of rooms located within a dwelling structure and forming a single habitable unit with living, sleeping, cooking, eating and sanitary facilities used or intended to be used by one (1) family.
      (3)   "Dwelling structure" means a building or structure used or designed or intended to be used, all or in part, for residential purposes.
(Ord. No. 513-13. Passed 4-8-13, eff. 4-10-13)
§ 551.03 Unacceptable Containers
   The Director of Public Service or his or her authorized agent shall seize and destroy a waste container which is in poor repair or which has rough or sharp edges or other defects which render it dangerous to handle; which is so dilapidated that it is not suitable for holding waste materials; or which may create a health or safety hazard; provided that written notice by the Director or his or her authorized agent is given to the owner or person having control of such container. The written notice shall state that such container is dangerous or unsuitable for use and that if it is not replaced or satisfactorily repaired prior to the next collection of garbage or other solid waste material following such written notice, such container shall be confiscated.
(Ord. No. 773-A-80. Passed 12-14-81, eff. 12-16-81)
§ 551.04 Setting Out Containers
   (a)   No person shall set out solid waste for collection in a waste container that fails to meet the requirements of Section 551.02.
   (b)   No person shall set out for collection solid waste that cannot be contained in a waste container except in the manner prescribed by Section 551.05.
   (c)   No person shall set out solid waste for collection at any place other than the tree lawn in front of the property or at another designated place for waste collection as defined in division (g) of this section.
   (d)   No person shall set out any solid waste or any waste container for collection earlier than 12:00 noon on the day preceding a regular collection day.
   (e)   No person who has set out a waste container for collection shall fail to remove it from the tree lawn or other designated place for waste collection no later than 12:00 noon on the day following the date of collection.
   (f)   No owner of any property in the City shall fail to maintain the tree lawn of the property or other designated place for waste collection free from any solid waste or solid waste containers, except that it shall not be a violation of this division if:
      (1)   The solid waste or solid waste containers are found on the tree lawn or other designated place for waste collection not earlier than noon the day before a regular collection day; and
      (2)   The solid waste is in a container or containers that meet the requirements of Section 551.02, or without a container if the requirements of Section 551.05 are met; and
      (3)   All solid waste and solid waste containers are removed from the tree lawn or other designated place for collection within twelve (12) hours after the collection occurs.
   (g)   The Director of Public Service may issue rules not inconsistent with the requirements of this chapter to establish designated places for waste collection. Any such rule of the Director shall be effective ten (10) days after its publication in the City Record.
   (h)   As used in this section:
      (1)   The phrase “tree lawn” means the area between the curb and the sidewalk or the area between the curb and property line if there is no sidewalk.
      (2)   The phrase “another designated place for waste collection” or “other designated place for waste collection” means an alleyway adjacent to the property if waste collection occurs there, and also means any other place designated for waste collection pursuant to rule of the Director of Public Service issued under division (g) of this section.
(Ord. No. 2461-03. Passed 6-14-04, eff. 6-21-04)
§ 551.041 Infractions Related to Automated Waste Collection and Curbside Recycling
   Findings.
   It is essential to the success of the automated waste collection and curbside recycling program described in division (b) that waste set out for collection is placed in the correct container for the type of waste involved.
   If the correct container is not used, it increases both the labor and disposal costs for the waste. If recyclable materials become contaminated by regular household waste, then they must be disposed of as regular solid waste, which is more costly than treating them as recyclables. If the regular household waste container is used for the disposal of recyclable materials, then the economic and environmental benefits of recycling are not realized.
   To achieve the goals of the program it is necessary that all citizens use the container intended for disposal of the type of waste involved and avoid all mixing of recyclable materials and regular household waste.
   (a)   No person shall do any of the following at any parcel included in the automated waste collection and curbside recycling program described in division (b):
      (1)   Set out for collection the container designated for recyclable materials if its contents exceed two percent (2%) regular household waste by volume.
      (2)   Set out for collection the container designated for regular household waste if its contents exceed ten percent (10%) recyclable materials by volume.
      (3)   Set out for collection any regular household waste in any container or bag other than the container designated for regular household waste for use in the automated waste collection program.
   It is not a violation of this division to set out for collection at any parcel included in the program described in division (b) special waste set out in accordance with Section 551.05.
   Nothing in this section shall be construed as abrogating or limiting any other section of these Codified Ordinances including without limitation the prohibition on setting out an excessively large quantity of waste for collection as proscribed by Section 551.111.
   (b)   The offenses established in division (a) pertain to any parcel that is included in the automated waste collection and curbside recycling program in which the waste is collected by means of a truck equipped with mechanical arms. The City will distribute two (2) containers to each household in the program, one (1) designated for regular household waste, and the other designated for recyclable materials.
   (c)   As use in this section:
      (1)   "Recyclable materials" means glass, metal cans, plastic bottles, mixed paper, and cardboard that are prepared for collection in accordance with this chapter and the rules and regulations issued under it.
      (2)   "Regular household waste" means waste generated in ordinary residential uses excluding recyclable materials, hazardous waste and any waste excluded from being placed out for curbside collection by law, rule or regulation.
(Ord. No. 974-13. Passed 12-1-14, eff. 12-31-14)
§ 551.05 Special Waste
   (a)   No furniture, tires, yard waste, bundle of brush, tree trunk or other such special waste shall be routinely collected by the regular waste collectors. Any solid waste, other than furniture, appliances or other such bulk items, that is so large that it cannot be contained in approved containers, shall be securely tied in compact bundles not to exceed one hundred (100) pounds in weight and shall be placed in a location convenient for collection.
   (b)   Special waste generally includes, but is not limited to, large bulk items such as refrigerators, furniture, mattresses, couches, shelving, fencing, house doors, storm windows, televisions, and bicycles.
(Ord. No. 974-13. Passed 12-1-14, eff. 12-31-14)
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