(A) Waste receptacle and removal areas shall be opaquely screened on four sides by masonry wall, similar in material and/or color to the main structure, and opaque gate to a height at least one foot taller than the receptacle or other container system. Waste areas shall be located in the rear yards and surfaced with concrete not less than six inches in depth.
(1) Waivers. The Planning Commission may waive the use of a gate upon determination that the open area is not within views of adjoining properties or public lands or thoroughfares.
(2) Furthermore, the Planning Commission has the authority to approve the use of garbage can for refuse in situations where there is not an abundance of waste. Should the situation change, the Planning Commission reserves the right to require a waste receptacle per § 155.075.
(B) Collection bins.
(1) Purpose. The purpose of this section is to regulate collection bins in the city so that they remain clean, safe and do not create hazards to pedestrians or to vehicular traffic.
(2) Definitions. Unless otherwise provided:
COLLECTION BIN. Any container, receptacle, or similar device that is located on any parcel or lot of record within the city and that is used for soliciting and collecting the receipt of clothing, household items, or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle.
CODE COMPLIANCE OFFICE. The Code Compliance Supervisor or his or her authorized representative.
COLLECTION BIN OPERATOR. A person who owns, operates, supervises or otherwise is in control of collection bins to solicit collections of salvageable personal property.
PROPERTY OWNER. Any person, agent, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property.
PUBLIC SERVICE DEPARTMENT. The Director of Public Service or his or her authorized representative.
REAL PROPERTY. A lot, plot or parcel of land recorded and located in the City of Inkster.
(3) Permitted locations.
(a) Collection bins are allowed in the B-2 and B-3 zoning districts.
(b) Collection bins shall not be located within 1,000 feet from another collection bin as measured along a straight line from one box to the other.
(4) Standards for bin and surrounding area. Collection bins shall conform to the following standards:
(a) Collection bins shall be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.
(b) Collection bins are required to be placed on a paved or concrete surface. Collection bins must be level and stable.
(c) Collection bins shall be locked and be equipped with a secure safety chute so contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.
(d) The collection bins shall be emptied with such frequency and regularity as to ensure that it does not overflow and materials do not accumulate outside the collection bin.
(e) The collection bin operator and property owner shall maintain, or cause to be maintained, the area surrounding the bins free from any overflow collection items, furniture, rubbish, debris, hazardous materials, and noxious odors. To extent provided by law, the collection bin operator and/or property owner shall be jointly and severally responsible for the city's cost to abate any nuisance.
(f) Collection bins shall be located on a parcel where there is a functioning and permitted use. Collection bins shall not be permitted:
1. On any land used or zoned residential;
2. On any unimproved parcel;
3. Where the principal use of the land has been closed or unoccupied for more than 30 days.
(g) One collection bin on a single lot of record is allowed.
(h) The total size of a collection bin is limited to a maximum dimension of 5 × 5 × 7.
(i) Collection bins shall not cause a visual obstruction, as determined by the Building Official, or other designated city representative, to vehicular or pedestrian traffic.
(j) No collection bin shall be placed closer than ten feet from:
1. A public or private sidewalk except that this provision does not apply to a private sidewalk as long as the private sidewalk maintains a five-foot clearance;
2. A public right-of-way;
3. A driveway; or
4. A side or rear property line of adjacent property used for residential purposes.
(k) Collection bins shall not be placed in a designated fire lane, in or adjacent to a handicap parking space, or block a building entrance or exit.
(l) Collection bins shall be made of durable metal or UV resistant molded hard plastic or fiberglass material that is fire resistant or fire proof.
(5) Identification of collection bins. Collection bins shall have signage on each bin that identifies the name, mailing address, email address, website and phone number of the collection bin operator. The collection bin signage may include a company logo. Total sign area on the collection bin signage may not exceed six square feet per side. The font size used on the sign shall not be less than one inch in height.
(6) Removal of collection bins and liability.
(a) If the Public Service Department and/or Code Compliance Office determines that a collection bin has been placed or is being maintained in violation of this chapter, a correction notice shall be sent by regular United States Mail to the collection bin operator and property owner of the real property on which the collection bin has been placed, as shown on the most recent permit application. In the event there is not on file a permit application made for the collection bin within 24 months immediately preceding the date of violation, the correction notice shall be sent to the real property tax payer of record in the Assessor's Office. The correction notice shall describe the offending condition and the actions necessary to correct the condition. The correction notice shall provide that the offending condition be corrected or abated within seven calendar days after mailing.
(b) If the offending condition is not corrected or abated within this seven calendar days after mailing, the city or the city's contractor shall clean-up the collection bin area.
(c) All costs incurred by the city or the city's contractor associated with the correction or abatement of a collection bin shall be the responsibility of the property owner and collection bin owner. If such obligation is not paid within 30 days after mailing of a billing of costs to the property owner, the city may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the city, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.
(d) Any collection bins not in compliance with this zoning ordinance shall be removed or brought into compliance. Offending conditions cited in a correction notice must be corrected or abated within seven days after mailing. In addition:
1. Placement or conditions of the bin or surrounding areas must not violate any applicable state or federal law;
2. If any governmental authority or agency determines that the collection bin has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act or other statute enacted to regulate or govern collection bins, must be brought into compliance.
(e) All costs incurred by the city or the city's contractor associated with removal, storage or disposal of a collection bin shall be the responsibility of the property owner and collection bin owner. If such obligation is not paid within 30 days after mailing of a billing of costs to the property owner, the city may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the city, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)