705.05 DUMPING, DEPOSITING AND STORING GARBAGE AND RUBBISH.
(a) Definitions. For the purposes of this section, the following terms, words, and their derivations shall have the meaning given herein. Not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number.
(1) "Garbage" means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods.
(2) "Rubbish" means all nonputrescible, combustible, and noncombustible solid wastes, including paper wrapping, cardboard, metallic, and plastic containers, yard clippings, leaves, woods, glass, building materials, market and industrial wastes, tree stumps, tree limbs and logs, bedding, appliances, toys and abandoned automobiles.
(3) "Refuse" means all putrescible and nonputrescible, combustible and noncombustible solid wastes other than garbage and rubbish.
(4) "Fill" means the use of garbage, rubbish, refuse, soil, dirt or any combination of the foregoing which are placed upon any public or private land within the City except as the use of fill may be approved by the Planning and Zoning Commission by special permit issued pursuant to subsection (b)(2) hereof.
Top soil, fertilizers and soil conditioners used for gardening do not constitute garbage, refuse, rubbish, litter or other waste material, provided such use does not become a nuisance or menace to the public health.
(b) Dumping, Depositing and Storage of Garbage and Rubbish, Prohibited.
(1) No person, firm or corporation shall dump, deposit, or store, or permit to be dumped, deposited or stored, any garbage, refuse, rubbish, litter or other waste material of any kind on any public or private property.
(2) Landfilling is not permitted unless in conjunction with a building permit. Under these circumstances the material must be noncombustible, nonputrescible, nonmetallic, nonsynthetic fill material consisting of loose soil, concrete, asphalt paving materials, stone, concrete blocks and similar solid or inert material upon application to the Planning and Zoning Commission for a special permit. Such application shall set forth the landfill conditions, including the purpose and area to be filled, time required, and any other pertinent facts which are the basis for such request. The Commission shall have the authority safeguards for the Municipality by designating the length of time of such special permit; the hours and days that landfilling is permitted; prescribing of a fence or watchman; and any other conditions which may be deemed necessary in view of the nature of the individual request.
(3) The placing of garbage, refuse, rubbish, litter or other waste material in covered receptacles specifically designed for that purpose shall not constitute the deposit of garbage, refuse, rubbish, litter or other waste material on public or private property, provided such receptacles are regularly emptied and maintained and do not become a nuisance or menace to the public health.
(c) Removal of Garbage and Rubbish, Etc. The owner or person in control of any private property shall at all times maintain his premises free of garbage, rubbish, refuse, litter or other waste material of any kind which is not contained in covered receptacles which are regularly emptied and maintained and which do not become a nuisance or menace to public health.
(1) Notice To Remove. The Building Commissioner or his authorized assistant is authorized and empowered to notify and order the owner of any property within the City, occupied or unoccupied, and the occupants, if any, residing on the property or actively conducting business thereon, to dispose of garbage, rubbish, refuse, litter or other waste material of any kind, or fill which was dumped or stored by such owner or some person in violation of subsection (b) hereof. Such notice and order shall be directed to such owner by certified mail at his last known address, and to such occupants by certified mail addressed to the premises or by delivery to the person in charge of the premises. In the event that the property is the subject of a recorded general power of attorney, the order may be directed to the person exercising such power in lieu of the property owner.
(2) Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner so notified to dispose of such garbage, rubbish, refuse, litter or other waste material, or fill within ten days after receipt of written notice(s) provided for in subsection (c)(1) hereof, or within fifteen days after the mailing of such notice(s) in the event the same is returned to the City by the United States Post Office Department upon its inability to make delivery thereof, the Building Commissioner or his authorized assistant, is authorized and empowered on behalf of the City, to collect or otherwise dispose of such garbage, rubbish, refuse, litter or other waste material.
(3) Charge to be Included in Tax Bill. When the City has effected the removal or collection of such garbage, rubbish, refuse, litter or other waste material, or fill, or has contracted for its removal, the actual cost of such removal plus accrued interest at the rate of eight percent (8%) per annum from the date of completion of the removal, shall be charged to the owner of such property until paid by such owner.
(4) Charges Constitute Lien. Where the full amount of the charges to the City under subsection (c)(3) hereof, is not paid by such owner within thirty days from the date of the completion of the removal, then such charges assessed against such property shall become a lien thereon and shall be collected in the same manner as other special assessments according to law. (Ord. 7-1974. Passed 3-12-74.)