(a) It will be the responsibility of the property owners and/or occupant(s) of said property to keep the roll cart container provided by the urban county government reasonably secure and in good condition. If the urban county government container needs replacement due to normal wear and tear or because of some manufacturer's defect, a new container will be provided or repairs will be made at no charge. The urban county government will replace stolen or vandalized containers unless the urban county government determines that the property owner and/or occupant(s) clearly has been negligent in the care of his container. If so, the property owner and/or occupant(s) may be required to purchase replacement containers.
(b) The roll cart container may be filled to capacity as long as the lid can be closed and latched. The recommended weight capacity of two hundred (200) pounds shall not be exceeded. Within a cart, garbage and trash shall be contained in disposable plastic bags. The bags shall be leak proof, of sufficient strength to resist tearing under normal handling, and shall be securely tied. No special handling wastes, hazardous wastes, medical waste, bricks, dirt, engine blocks or other excessively heavy material, hot ashes, paints, solvents or flammable liquids shall be placed in the container. Any canine feces (dog excrement) placed in the container must be contained in a securely closed doubled plastic bag.
(c) All establishments that are exempt from using the urban county government roll cart container or establishments that use containers for occasional excess garbage and trash in addition to the one provided by the urban county government will comply with the following regulations. All containers and receptacles must have covers. Regulation garbage containers shall be watertight containers equipped with tight-fitting covers sufficient to keep out water, prevent disturbance by animals and entrance of insects. Containers shall be neither less than five (5) nor more than thirty (30) gallons' capacity. All standard garbage containers shall be equipped with suitable handles by which they may be lifted. Tied plastic bags may be used for occasional excess trash placed at the curb.
(d) Material placed at the curb which does not meet the requirements set forth in this section or material which has not been properly prepared pursuant to subsection 16-9(a) or properly prepared and scheduled for special collection pursuant to section 16-14 shall, if not corrected within the time period provided in the notice of violation, be subject to abatement by the urban county government with all costs for such abatement to be billed to the property owner pursuant to the procedures set forth in this article and the property owner shall further be subject to the penalty provisions of article XII.
(e) When refuse is not properly prepared in accordance with this section or subsection 16-9(a), or properly prepared and scheduled for special collection pursuant to section 16-14, it shall be deemed a nuisance pursuant to state law and Chapter 12 of the Code of Ordinances, and a notice of violation shall be affixed to the front door of the residence or structure by the director, division of waste management or his designee, listing the date and time the notice was issued and the defect to be cured before collection is continued and directing the abatement of the defect, either by proper preparation or removal of the refuse from the curb, within forty-eight (48) hours. The time period to abate shall commence upon attachment of the notice. A copy of this notice shall also be mailed, via regular mail, or transmitted by fax to the owner of the property as determined by reference to the records of the property valuation administrator, or to the owner's designee if the owner has filed notice of a designee pursuant to subsection 16-10(e). This notice shall state that a civil fine pursuant to article XII may be assessed if the violation continues or two (2) or more notices to abate have been issued to the same owner on the same property within any twelve-month period.
(f) If the violation is not abated following the expiration of the period of time to abate provided for in the notice, the urban county government may abate the condition and bill the property owner for the costs associated with such abatement pursuant to article XII. If a violation constitutes an immediate danger to the health and well being of the community the urban county government shall issue a citation for the violation and immediately abate the condition and bill the property owner for the costs associated with such abatement pursuant to article XII.
(g) The citation shall be served in the manner specified in Chapter 2B of the Code of Ordinances. A copy may also be provided to the subsection 16-10(e) designee.
(h) The urban county government shall have a lien against the property for its costs incurred in abating a nuisance condition pursuant to this article and any civil fines assessed for violations of this article, which shall be enforced as provided in chapter 2B and article XII.
(Ord. No. 126-83, § 1, 7-21-83; Ord. No. 14-99, § 7, 1-28-99; Ord. No. 97-2001, § 6, 5-3-01; Ord. No. 282-2003, §§ 5—10, 12-4-03; Ord. No. 296-2004, § 4, 12-2-04; Ord. No. 143-2009, § 7, 7-7-09; Ord. No. 120-2010, § 4, 7-1-10; Ord. No. 77-2011, § 12, 6-23-11; Ord. No. 56-2017 , § 6, 4-27-17)