(A) Purpose and intent. The following regulation has been adopted to ensure that placement of temporary rubbish containers complies with health, safety and aesthetics objectives of the city.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. The person or entity that owns, rents, occupies or controls the property upon which a temporary rubbish container is placed.
SUPPLIER. The company or vendor that supplies the temporary rubbish container.
TEMPORARY RUBBISH CONTAINER. A transportable unit, container or structure used on a temporary basis for the storage and disposal of rubbish, construction materials and debris, and other such non-putrescible materials. Such containers shall not be considered an accessory structure as provided in § 5.4, Article II of Chapter 50 of the city code.
(C) Requirements for registration of temporary rubbish containers.
(1) Prior to or within 72 hours following the initial delivery of the temporary rubbish container, a person or the supplier shall register the placement of the temporary rubbish container with the Director of City Services; provided, however, that a person or supplier is not required to register a temporary rubbish container that is removed within 72 hours of its initial delivery.
(2) Registration requires all of the following:
(a) Completing the City Services Department’s application, to include the person’s name, the size of the temporary rubbish container to be registered, the address at which the temporary rubbish container will be placed, the delivery date, removal date, active building permit number, if applicable, and a sketch depicting the location and the placement of the temporary rubbish container;
(b) Presenting an approved building permit for that property if the temporary rubbish container is to be used for the storage of building or construction materials; and
(c) Written approval of the application by the City Services Department.
(3) The effective date of the registration shall be the date of the City Services Department’s approval.
(D) Requirements for placement of temporary rubbish containers. The following requirements shall apply to the placement of temporary rubbish containers.
(1) It shall be unlawful to place or permit the placement of a temporary rubbish container on property located within the city unless it is registered with the City Services Department as provided in division (C) above.
(2) Temporary rubbish containers shall only be placed upon or within a driveway or a parking area or, if access exists at the side or rear of the lot, the side or rear yard.
(3) No temporary rubbish container shall be placed upon or within public property or a public place, including, without limitation, a street, sidewalk or outlawn.
(4) The temporary rubbish container shall be located at such address for a maximum period of six months, including the days of delivery and removal, unless an extension is granted. An extension may be granted by the Director of City Services, subject to conditions, for an additional amount of time not to exceed 18 months total (three renewals of six months each). The maximum registration period for a temporary rubbish container is 24 months, inclusive of extensions.
(5) No more than one temporary rubbish container may be registered per address.
(6) The temporary rubbish container shall not exceed five feet in height, eight feet in width or 22 feet in length.
(7) The temporary rubbish container shall be secured in a manner that does not endanger the safety of persons or property in the vicinity of such unit.
(8) The temporary rubbish container shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.
(9) No temporary rubbish container shall be used to store garbage, business inventory, commercial goods, goods for property other than the property where the temporary rubbish container is located, or any other illegal or hazardous material. Upon reasonable notice, the city may inspect the contents of any temporary rubbish container at any reasonable time to ensure that it is not being used to store said materials.
(10) Any temporary rubbish container which is not removed at the end of the time for which it may lawfully remain in place may be removed by the city immediately, without notice, and the cost of such removal may be assessed against the property on which such unit was located as a single lot assessment as provided by § 1.306, Chapter 7 of Title I of the city code.
(11) A sign advertising the supplier’s business and mounted on a temporary rubbish Container does not require a sign permit per § 8.13(P) of Chapter 81, provided that the temporary rubbish container is in compliance with this section and all applicable ordinances.
(E) Enforcement and penalties. Violations of this section shall be subject to the enforcement and penalties provided in this chapter, and shall be enforced as municipal civil infractions in accordance with Chapter 11, Title I of the city code.
(Ord. effective 10-12-2018)