(a) Creation of the System. There is hereby established the City of Ionia Residential Refuse Collection and Recycling System pursuant to Act 94, which shall include all facilities, equipment, other property and contracts of the City dedicated to and used in connection with providing for the collection of residential refuse and recyclables from the residential structures in the City.
(b) Contractor; Collection of Residential Refuse and Recyclables; Prohibition Against Scavenging.
(1) During the term of the residential contract, the contractor shall collect residential refuse and recyclables from residential structures as provided under this section. It shall be unlawful for any entity other than the contractor to collect, salvage or scavenge, or otherwise take or remove residential refuse and recyclables from residential structures placed for collection at curbside.
(2) Residential refuse containers shall be stored in an area such that visibility from the street is minimized to the extent possible. The owner or occupant may, however, request and receive a waiver of this rule from the Director.
(c) Use of Residential Refuse Containers and Recycling Containers.
(1) The Contractor shall provide each residential unit within a residential structure with a recycling container for each category of recyclables to be collected and a residential refuse container of the size selected by the owner or occupant of the residential unit. From the date such containers are delivered, the owner or occupant of a residential unit within a residential structure shall use residential refuse containers and recycling containers to dispose of all residential refuse and recyclables generated on such residential structure that is not disposed of through a sink grinder or other environmentally-acceptable means. In the event an owner or occupant of a residential unit within a residential structure has more residential refuse than can be accommodated by his or her residential refuse container, such owner or occupant may place excess residential refuse in authorized garbage bags or tags purchased from the City Hall and/or any other municipally authorized location.
(2) Residential refuse containers and recycling containers shall not be placed under the eaves of any building or in areas that will allow water to mix with the refuse or recyclables. Except when placed near the curb for weekly collections, residential refuse containers and recycling containers shall not be visible in accordance with Section 1060.04(b)(2) "Bulk Waste".
(3) Residential refuse containers and recycling containers damaged through the carelessness of the owner or occupant of the residential unit shall be replaced by contractor and the cost thereof shall be charged to the owner or occupant. The Director shall arbitrate any disputes concerning the causation of damage to or loss of residential refuse containers and recycling containers. The contractor at no cost to the owner or occupant of a residential unit will replace residential refuse containers or recycling containers stolen or those damaged by contractor's vehicles.
(d) Collection of Residential Refuse and Recyclables.
(1) The contractor shall collect residential refuse and recyclables from residential structures on a weekly basis on days determined by agreement between the contractor and the Director. Residential refuse containers and recycling containers shall be placed at the front of the curb line in plain view from the roadway no earlier than noon on the day prior to the scheduled collection day. All recyclables shall be clean, dry and placed in recycling containers. The residential refuse containers and recycling containers shall be removed by the owner or occupant within 15 hours from the time the containers are emptied by the contractor.
(2) The owner or occupant of a residential structure shall be responsible for ensuring that the collection area on the residential structure is free of residential refuse, recyclables, yard waste, and bulk waste following collection.
(3) The contractor shall prepare, publish and distribute, subject to approval of same by the Director, a schedule of collections in a manner designed reasonably to give notice thereof to all residents of the City, subject to the following requirements:
A. The notice of the schedules of collection shall contain the following information: the day of the week upon which collection shall be made for each collection district, a City map that delineates the collection districts by street, the name, address and telephone number of the contractor, the proper location for residential refuse containers and recycling containers pending collection, the time of day at which the containers must be so placed.
B. The notice must be published not less than two weeks prior to the beginning of any change in the collection service schedule.
C. Collection times shall be between the hours of 7:00 a.m. and 6:00 p.m. of the day scheduled for collection. No regular collection shall be made on any Sunday.
D. All schedules and routings are subject to approval by the Director.
E. Collections shall not be scheduled on the following holidays: New Year's Day, Independence Day, Thanksgiving Day, Memorial Day, Labor Day and Christmas Day. When the above holidays fall during the week, the collection schedule for the week shall be delayed one day for the remainder of the week.
(4) The contractor shall include in any publication under this chapter or as part of compliance with the terms thereof the name of contractor, the address of contractor, the telephone number or numbers of contractor, the address of the local office of contractor and a statement as to the manner and method by which complaints regarding service may be made and shall be resolved.
(5) The contractor shall make no changes to operational, collection or material preparation procedures without receiving approval of the City at least 30 days prior to the implementation of any such change. The contractor shall assist the City, either financially or in a manner acceptable to the City, with the dissemination of notices to collection points informing users of the system of the changes.
(6) The contractor shall maintain an office for receipt of service calls and complaints. The office shall be open and available for calls Monday through Friday each week from 7:00 a.m. through 6:00 p.m. The office shall contain at least two telephone lines with a toll-free number for Ionia and listed under the name of contractor in the local telephone directories. Contractor shall provide an employee attendant in such office during all hours that such office is required to be open to accept and resolve complaints, orders for special pickup service or to receive instructions. In the event collection activities continue later than 6:00 p.m. on weekdays or anytime on a Saturday, an employee shall remain in service until all route collection activities are completed. The contractor shall also provide a Customer Service Representative who will visit the City Administrative Offices weekly to handle complaints, concerns or requests with residents or City staff
(e) Fees for Collection and Disposal of Residential Refuse and Recyclables. The City Council shall establish, by resolution, fair and suitable rates and charges for the collection of residential refuse and recyclables and apportion such rates and charges among the residential units of the residential structures receiving services of the system. In addition, the rates and charges established by the City Council shall conform to the following:
(1) Such charges shall be established so as to reimburse the City for all costs incurred by the City under the contract and for the administration and operation of the system, including without limitation, personnel, legal, rent, postage, the cost of public bidding, and other similar and related costs.
(2) Rates and charges shall not be established to produce a surplus or profit
(3) All rates and charges for services of the system furnished to a residential unit of a residential structure shall be payable quarterly by the owner or occupant of a residential unit and shall be a lien upon the residential unit. The Manager may include the bill for services of the system on any regular billing of the City or in any other manner approved by the City Council.
(4) If a bill for services of the system are not paid by the due date indicated therein, a ten percent administrative processing charge shall be added to the bill. A ten percent administrative charge shall be added to each successive bill until paid in full. Those charges delinquent for six months or more shall be certified annually to the City Tax Assessor and entered as a lien on the next tax roll against the residential unit, or in the case of apartments the residential structure, to which such charges relate. The rates and charges shall be collected, and the lien may be enforced, in the same manner as provided for the collection of taxes assessed upon the roll and the enforcement of the lien for the taxes; and the rates and charges shall be collected; provided however that in the event the owner of a residential unit provides written notice and a copy of any applicable lease to the Director that a tenant of the residential unit is responsible for the rates and charges of the system, then the delinquent charges imposed on such residential unit shall not become a lien on the premises if the owner of such residential unit provides a cash deposit to the Director in the amount of the greater of fifty dollars ($50.00) or three times the average charge for residential units in the system. The Director may seek collection of any charges of the system by any lawful means, including the denial of service to any residential unit.
(5) The fiscal year of the system shall be from July 1 through June 30.
(6) An owner or occupant of a residential unit within a residential structure may elect not to receive services of the system and avoid incurring charges and fees for any period of at least 30 days, provided that the residential unit premises shall not be occupied during such period. To make such an election, the owner or occupant of a residential unit must file a written notice with the Director at least two weeks prior to the period of nonservice, indicating the dates when the residential unit will not be occupied. There shall be a five dollar ($5.00) charge for processing each request to suspend services of the system.
(7) The owner or occupant of a residential unit may elect to receive residential refuse collection by purchasing authorized garbage bags (or tags). There shall be a requirement to purchase a minimum of ten bags at the outset in order to receive this service. The bags must be placed on the berm or curbside for collection in the same manner as residential refuse containers. The contractor will collect refuse in the authorized garbage bags (or with tags) at no additional cost.
(f) Fund for Residential Refuse and Recyclables. Fees imposed pursuant to this chapter shall be deposited in the City's Solid Waste Fund. The City shall pay out of this fund those expenses incurred under the contract or costs described in this chapter.
(Ord. 05-2002-01. Passed 7-2-02; Ord. 449. Passed 4-10-07; Ord. 503. Passed 6-4-13.)