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§ 51.05 COLLECTION PRACTICES.
   (A)   For the purpose of collection, refuse containers shall be placed at ground level, and be made readily accessible to the collector. They shall be on the side of street from which collection is to be made.
   (B)   Notwithstanding the provisions of division (A) above, householders, commercial establishments, or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
   (C)   Hotels, restaurants, institutions, and commercial establishments within the city are required to obtain waste collection service and may be required to have more frequent collection, if determined by the City Council to be essential to protect the public health.
('76 Code, § 80.05) (Am. Ord. 1716-2016, passed 4-12-16; Am. Ord. 1747-2018, passed 3-13-18)
§ 51.06 LICENSING OF COLLECTORS.
   (A)   No person shall collect, remove, haul, or convey any refuse through or upon any of the streets or alleys of the city, or dispose of the same in any manner or place without obtaining a license from the city.
   (B)   Every person who shall apply for a license under this section shall state the type of refuse to be collected, the manner of collection, and the place and method of disposal.
('76 Code, § 80.06) (Am. Ord. 1716-2016, passed 4-12-16) Penalty, see § 51.99
§ 51.07 COLLECTION VEHICLES.
   All vehicles used for collection of garbage shall be equipped with compacting devices or equivalent types of closed bodies and shall have enclosed cargo space.
('76 Code, § 80.07) (Am. Ord. 1716-2016, passed 4-12-16) Penalty, see § 51.99
§ 51.08 SOLID WASTE AND RECYCLING COLLECTION FEE.
   (A)   (1)   There is hereby established and levied upon all real estate in the city upon which there is constructed a residential structure or upon which there is placed a mobile home and upon the owners thereof, jointly and severally, an annual residential solid waste and recycling collection fee in the amount equal to the total cost of the waste collection contract divided by eligible residential units as of July 1 of that year for each residential unit per year, effective July 1, 2013. This amount shall be prepared annually by the City Administrator or Finance Officer/Treasurer, and submitted to Council for approval. This amount may be billed to applicable property owners in monthly or quarterly installments. In lieu of this process, but still requiring solid waste collection from each residential unit, the city may choose to adopt the monthly or yearly fee set forth in the franchise agreement between Elsmere and the designated solid waste collection entity, and require the solid waste collection entity to bill the amount directly to applicable residential property owner(s). Residential property owners or their designee shall be required to pay the monthly or yearly cost billed by the solid waste collection entity for solid waste and recycling collection.
      (2)   Each unit of a multiple unit dwelling and each mobile home shall constitute a residential unit, and each shall be subject to the residential solid waste and recycling collection fee. At the City of Elsmere’s sole discretion, the residential garbage fee may be collected by the city’s solid waste and recycling collection franchisee. The franchisee is authorized to initiate reasonable collection procedures to collect any delinquent fees owed to it by city property owners.
   (B)   If said fee is not collected by the city’s solid waste and recycling collection franchisee, the residential garbage collection fee shall be due and payable to the city on the first day of October of each calendar year at the office of the City Clerk, and shall be delinquent on the first day of December thereafter. If not paid by December 1 of each calendar year, there shall be added a penalty of 10%, plus interest thereon at the rate of 8.5% per annum from the date of delinquency until paid, plus the cost of collection, including court costs and attorney's fees.
   (C)   If applicable, all proceeds of the residential garbage collection fee collected by the City of Elsmere shall be paid into the General Fund.
('76 Code, § 30.03) (Ord. 1023-1973, passed - - ; Am. Ord. 1265-1986, passed 8-1-86; Am. Ord. 1331-1990, passed 9-11-90; Am. Ord. 1375-1993, passed 5-11-93; Am. Ord. 1438-1997, passed 9-23-97; Am. Ord. 1500-2002, passed 9-10-02; Am. Ord. 1561-2006, passed 9-12- 06; Am. Ord. 1579-2008, passed 3-25-08; Am. Ord. 1593-2009, passed 5-26-09; Am. Ord. 1628-2011, passed 9-27-11; Am. Ord. 1630-2011, passed 10-25-11; Am. Ord. 1659-2013, passed 6-11-13; Am. Ord. 1716- 2016, passed 4-12-16)
§ 51.09 CITY TO PROVIDE SYSTEM FOR COLLECTION.
   The city shall provide a system for the periodic collection and removal of residential garbage from the city. At the City of Elsmere's discretion, the residential garbage fee may be collected by the city's solid waste and recycling collection franchisee directly from owners of applicable residential units within the city.
(Ord. 1375-1993, passed 5-11-93; Am. Ord. 1659-2013, passed 6-11-13; Am. Ord. 1716-2016, passed 4-12-16)
§ 51.10 LIEN.
   The city shall have a lien on all property for which benefit the solid waste and recycling collection charge is hereby levied for payment of the charge, and for all penalties, interest, fees and other expenses, including court costs and attorneys' fees incurred by reason of any delinquency in payment of such charge, or in the process of collecting them, and such lien has priority over all other obligations or liabilities for which the property is liable.
(Ord. 1500-2002, passed 9-10-02; Am. Ord. 1593-2009, passed 5-26-09; Am. Ord. 1659-2013, passed 6-11-13; Am. Ord. 1716-2016, passed 4-12-16)
LEAVES AND GRASS
§ 51.25 LEAVES AND GRASS PLACEMENT.
   (A)   No person shall deposit or discard an excessive amount of grass, shrubbery, vines, branches, limbs, leaves, cuttings and other naturally created materials resulting from the care or maintenance of real property onto the street, sidewalk or other public right-of-way.
   (B)   Leaves and grass shall be placed in substantial containers.
(Ord. 1755-2018, passed 6-12-18)
§ 51.99 PENALTY.
   Whoever violates any provision of this chapter shall be subject to a civil fine of not less than $20 per day per violation but not more than $100 per day per violation. Each date that a violation of this chapter continues after due notice has been served in accordance with the terms of this code shall be deemed a separate offense to a maximum of $10,000 per citation. The city administrator, code enforcement officer, and any member of the Elsmere Police Department are authorized to issue citations under this chapter. Citations may be appealed to the Code Enforcement Board in the manner and timeframe permitted for violations of the city nuisance ordinance.
(Am. Ord. 1659-2013, passed 6-11-13; Am. Ord. 1716-2016, passed 4-12- 16)