(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AEROBIC. Living or occurring only in the presence of oxygen.
BULKY WASTE. A large appliance, piece of furniture or waste material from a residential source other than Freon waste items, construction debris or hazardous waste, with a weight or volume greater than that allowed for containers.
CITY CART. A 96-gallon or 48-gallon wheeled refuse cart, displaying the City Seal on the side, provided by the City of Fort Wayne.
COMPOST PILE. A storage area for a mass of organic waste decaying through an aerobic degradation process under controlled conditions with the intention of using the resulting product as a soil conditioner. Materials in a compost pile include soil, paper products, yard waste, nondairy and nonmeat food products, and/or nonmeat-eating animal waste. A compost pile is kept in an orderly condition to control for odors and to prevent the blowing of debris. A compost pile cannot be a potential transmission agent of disease or be maintained in such a way which will attract vectors, rats, or other vermin.
CURB SIDE RECYCLING. Bi-weekly pick- up of discarded material as specified by the city including but not limited to newspapers, aluminum, glass, steel and plastic containers which can be separated from municipal solid waste for the purpose of recycling, but not including material generated from and commonly reused within an original manufacturing process.
FREON WASTE ITEM. An appliance or other waste item of a type which originally contained Freon or any other nonflammable gaseous or liquid fluorinated hydrocarbons used as a refrigerant, disposal of which is specifically regulated by the United States Environmental Protection Agency (USEPA).
GARBAGE. Putrescible animal or vegetable waste resulting from the handling, preparation, cooking, serving or consumption of food including food containers.
GARBAGE CAN LINER. Refuse bag designed to be placed in a refuse container or refuse storage container.
HAZARDOUS WASTE. Waste designated as hazardous by the USEPA and/or the Indiana Department of Environmental Management (IDEM).
MOBILE PARK HOME. This term shall be defined consistent with IC 16-41-27-4 and, for the purpose of this section, shall also include such areas containing less than five mobile homes when all other elements of that definition have been met.
OCCUPANT. Any individual, living, sleeping, cooking or eating in or having possession of a dwelling unit.
OWNER. Any one or more of the following:
(a) The owner or owners in fee simple of a parcel of real estate including the life tenant or life tenants if any; or
(b) The record owner or owners as reflected by the Allen County Recorder's Office; or
(c) The purchaser or purchasers of such real estate under a contract for conditional sale thereof; or
(d) The person or persons in control of the property as the personal representative, trustee, receiver or guardian of the owner.
RECYCLABLES. Items that are intended to be recycled.
RECYCLE. Process by which materials otherwise destined for disposal are collected, reprocessed and remanufactured.
RECYCLING CONTAINER. A container holding recyclables.
REFUSE. Discarded waste materials, in a solid or semi-solid state consisting of garbage, rubbish or a combination thereof.
REFUSE BAGS. Plastic sacks designed for refuse with sufficient wall strength to maintain physical integrity when lifted by top; securely tied at the top for collection, with a capacity not to exceed 33 gallons and a loaded weight not to exceed 35 pounds.
REFUSE CONTAINER. A 96-gallon or 48-gallon city cart or a watertight container constructed of metal or other durable material impervious to rodents and other animals with a tight-fitting lid. Any refuse container, other than a city cart, cannot exceed 33 gallons in capacity unless approved by the City Energy and Environmental Services Department.
REGULAR COLLECTION. The city's designated day for refuse, recycling and yard waste collection.
RESIDENTIAL MUNICIPAL WASTE. This term shall include residential garbage, bulky waste, rubbish and refuse as above defined and shall be interpreted to be consistent with that definition as set out in the Indiana Code with the restriction that wastes from all industrial, office, commercial and institutional establishments are specifically excluded hereunder.
RESIDENTIAL UNIT. A group of rooms located within a building or mobile home and forming a single inhabitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating. This definition also includes complexes containing four or fewer separate or contiguous single-family dwelling units whose owner has not elected to procure commercial waste removal by a registered hauler.
RUBBISH. Non-putrescible solid waste consisting of combustible and non-combustible materials including yard and garden waste but excluding hazardous wastes, infectious waste and tires.
YARD WASTE. Leaves, grass clippings, weeds, brush and other organic garden debris.
(B) Commencing January 1, 1997, the city shall assess a monthly solid waste fee for the service of collection and disposal of residential municipal waste, collection and disposal of residential yard waste and bi-weekly collection of recyclable materials rendered by the city.
(C) Such service and fee shall be rendered only to residential units as above defined, within the confines of the corporate limits of the city. The monthly fee shall be billed to each residential unit and collected in conjunction with other utility services provided by the city. When the utility account covers a building containing greater than one single-family unit, said account shall reflect two monthly fees hereunder. Utility accounts for mobile home parks shall be billed on a 90% occupancy rate.
(D) The fee charged hereunder shall take priority over all other charges for utility services provided by the city. Partial payments shall first be applied to satisfy this service fee. Delinquent accounts shall be handled consistent with other utility accounts under Chapter 51 of this title.
(E) Assessment of this charge may be appealed by any utility user through a petition to appeal residential municipal waste user fee to the Solid Waste Manager along with verifiable documentation showing that said user's residential unit is currently served by an approved refuse collection and disposal service other than that provided by the city. The Solid Waste Manager's determination shall be reviewable by the Director of Public Works. The Director's decision shall be final and appealable. These administrative procedures shall be conducted consistent with IC 4-21.5-3, et seq. No dispute or appeal of said fee shall be a valid reason for non- payment until or unless said charge is deleted from the user's utility account by the city. In such case, any overpayment made hereunder shall be applied as a credit to said user's utility account to satisfy charges for water and sewer usage and/or storm water service.
(F) Proper disposal of Freon waste items shall be the responsibility of the owner thereof.
(1) It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his/her control, any abandoned, unattended or discarded Freon waste item for a period of greater than seven consecutive days.
(2) Failure to properly dispose of a Freon waste item within a seven day period shall constitute a nuisance under this section punishable by a fine of $50 per violation.
(G) (1) The Board of Public Works shall have the responsibility and authority to adopt rules and regulations governing the implementation of this residential municipal waste collection and disposal program which shall include the authority to appoint an agent for the collection of the charges due hereunder, and may provide for late payment charges, attorney fees and court costs which may be added to other charges due should a delinquency occur on the utility account.
(2) The Board of Public Works shall have the authority to hire and/or contract for such collection and disposal services as provided by IC 36-9-30-8.
(H) The fee and residential municipal waste collection and disposal program established hereunder shall be reviewed at least annually. Said rate system shall be adjusted as necessary to provide sufficient funds to pay any and all contract fees for collection, hauling and/or disposal of such residential municipal waste and all costs incidental to the program, but shall also strive to equitably assess charges in a manner conducive to voluntary recycling.
(Ord. G-53-92, passed 11-24-92; Am. Ord. G-11-94, passed 6-28-94; Am. Ord. G-24-94, passed 10-8-96; Am. Ord. G-25-96, passed 10-8-96; Am. Ord. G-21-98, passed 6-2-98; Am. Ord. G-38-07, passed 12-18-07)