(A) Findings. The Commission finds that unregulated deposit and storage of junk and unregulated storage and non-mandatory collection of refuse are not only potential, but immediate, habitat conditions of decay which are unsanitary, unhealthy, and an ecological blight. The Commission further finds that such hazardous conditions must not only be halted in the future but also corrected for the present. The Commission recognizes that the regulations, prohibitions and remedies provided for herein are bold steps but absolutely essential to the health of the residents and ecology of the community, and the conservation of resources by the mandatory recycling of certain materials.
(B) Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL PREMISES. Shall consist of two types: (1) any premises where a commercial, industrial or governmental enterprise of any kind is carried on where food is prepared or served from a central kitchen, including restaurants, clubs, churches, schools and healthcare facilities; or, (2) any premises where a commercial, industrial or governmental enterprise of any kind is carried on where food is not prepared or served.
JUNK or DEBRIS. Means and includes all (1) unregistered, unlicensed or inoperable (including, but not limited to, the lack of component parts) motor vehicles, motorized vehicles or equipment, bicycles, boats, outboard motors, or trailers, or parts or components thereof; (2) inoperable (including but not limited to, the lack of component parts) agricultural implements or parts or components thereof, machines and mechanical equipment of all kinds or parts or components thereof, and by-products or waste from manufacturing operations of all kinds; (3) used lumber or waste resulting from building construction, renovation, remodeling, or demolition; (4) felled trees and tree branches that are not immediately processed into lumber, wood for fuel, fence components, or other such ultimate use; or (5) material which is incapable of immediately performing the function for which was designed including, but not limited to: abandoned, discarded or unused objects in an obvious state of despair; furniture, appliances, cans, boxes, scrap metal, tires, batteries, containers and garbage which are in the public view. Material that is wasting or wearing away, decayed or rotten beyond repair or in a gradual decline in strength, soundness or quality to become decomposed or rotten, except a contained compost pile.
RECYCLABLE. Means materials such as cardboard, newsprint, glass, metal containers, and high density polyethylene plastic. These materials are considered to be recyclable materials only if the City determines that the appropriate markets exist that will accept these materials.
REFUSE. Means and includes all organic and inorganic (1) material resulting from the manufacture, preparation or serving of food or food products; (2) spoiled, decayed or waste food from any source; (3) crockery, ashes, rags and discarded clothing; (4) tree, lawn or bush clippings and weeds; (5) furniture, household furnishings or appliances, or parts or components thereof; or, (6) human or household waste of all kinds not included in any other portion of this definition. This definition does not include recyclable materials as herein defined or enumerated.
RESIDENTIAL PREMISES. Means any building consisting of any number of dwelling units, each with individual kitchen facilities, and, in the case of multiple dwelling units in such building, each unit shall be considered RESIDENTIAL PREMISES.
NUISANCE. Means and includes:
(a) Maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public;
(b) Interfering with, obstructing or rendering dangerous for passage, any street, public right-of-way or waters used by the public;
(c) Any other act or omission declared by law to be a public nuisance;
(d) Any public nuisance known in common law or in equity jurisprudence;
(e) Any nuisance located on a property which may prove detrimental to inquisitive children, including but not limited to any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; unsound fences or structures; lumber, trash, fences, debris, or vegetation which may prove a hazard for minors and other persons;
(f) Whatever is dangerous to human life or is detrimental to health;
(g) Inadequate or unsanitary sewerage or plumbing facilities; or
(h) Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.
(i) Maintaining any structure which is in a state of dilapidation, or decay; or is open to the elements; or unable to provide shelter; or serve the purpose for which it was constructed due to damage, dilapidation or decay.
(j) Dead, decayed, diseased or damaged tress constituting a hazard or danger to the public property or persons lawfully therein.
(k) Landscaping on any premises, including but not limited to trees, shrubs, hedges, grass, plants which physically hinder or interfere with the lawful use of abutting premises or block or interfere with the use of any public sidewalk and/or public street or right of way or any road sign.
(l) To deposit, store or maintain refuse, junk or debris on any premises or public right of way abutting said premises by any person owning, leasing, occupying or having charge or possession of such premises.
(C) Refuse Storage.
(1) It is unlawful for any person to store refuse on residential or commercial premises, type two, for a continuous period in excess of seven days.
(2) It is unlawful for any person to store refuse on commercial premises, type one for a continuous period in excess of 96 hours.
(3) It is unlawful to store organic refuse unless it is drained, wrapped (in paper or plastic) and placed in an impervious and leak-proof container with a tight-fitting cover.
(D) Mandatory collection of refuse and recyclable materials.
(1) It is unlawful for each occupant of commercial (of either type) premises to fail or refuse to subscribe for, receive, and pay for (at going rates for the class of service) the refuse collection services of a garbage and refuse hauler licenses by the city.
(2) It is unlawful for each occupant of residential premises to fail or refuse to receive refuse collection services at rates, rules and schedules set by the city.
(3) It is unlawful for any person to obstruct a licensed garbage and refuse or recyclable materials hauler in the performance of its duties.
(4) If a person fails or refuses to comply with divisions (D)(1) and (2), the city may, upon 15-days’ notice in writing mailed to the owner of such premises at the address appearing on the tax rolls of the county, and as an additional and not alternate to any other remedy provided herein, subscribe and pay for the services of such hauler and certify all costs to the County Auditor to be spread upon the tax rolls as a special assessment on the subject premises.
(5) It is unlawful for the owner of any premises on which recyclable materials are accumulated in any amount to fail or refuse to separate (by category) such materials, and place them for collection in accordance with applicable rules and schedules fixed and approved by the city.
(E) Nuisance. It is unlawful for any person to permit or maintain a nuisance upon such premises.
(F) Additional unlawful acts.
(1) It is unlawful for any person to deposit offal or the body of dead animal in any place other than a sanitary landfill or other facilities approved by statute or the city code.
(2) It is unlawful for any person to store, deposit or dispose of any refuse which is in flames or heated to the point of danger of fire.
(Ord. 113, passed 3-11-2014) Penalty, see § 10.99