(A) All items of garbage and refuse shall be placed in standard garbage containers as provided in Section 1052.06. However, brush and branch clippings may be tied securely in bundles not exceeding four feet in length and placed at the curb line or alley line, whichever is the usual place of collection. Items which exceed the capacity of the container, and large items, such as Christmas trees, discarded furniture, appliances, bicycles, sleds, swing sets, tools and comparable materials, shall be placed at the curb line or at the alley line, whichever is the usual place of collection by the contractor.
(1) No person shall place any item or material at the curb or alley line for collection service which is not defined for purposes of this Chapter as “garbage” or “refuse” under Section 1052.01, or which is otherwise prohibited under the current garbage and refuse contract entered into between the city and any garbage and refuse collection contractor, or as otherwise prohibited by the Director of Utilities. The Director of Utilities shall make available to the public a listing of all the types of items not permitted for collection service, which shall also be included in the annual month of May garbage and refuse bill, and may also be posted on the City’s website.
(2) The total volume of items or material set out for collection shall not exceed 3 cubic yards, as measured by the city’s waste contractor. The resident or owner of the premises shall be charged the amount of $35 for each additional cubic yard (or part thereof) of volume of material set out for collection.
(B) No resident or owner of premises contracted to the City of Lima or its agent shall permit the placement of any garbage container(s), or any clippings or large items permitted in subsection (A) above, on any street, curbside, or public right of way for collection and disposal thereof any earlier than 6:00 p.m. the day before the scheduled collection day and such resident or owner must remove the garbage container(s) no later than 6:00 p.m. the day after the scheduled collection day. When not set out for collection in accordance with this subsection, all garbage containers must be kept behind the front building line of the residence or structure served for collection service, and must be placed on a solid, generally non-porous surface, such as concrete, asphalt, brick, block, stone (excluding loose stone) or wood-decking type platform.
(1) Upon a violation of any part of this subsection (B), the resident and owner shall be notified by the Utilities Department of the violation of the service contract or city code. If the owner or resident signs and returns the notice of violation by U.S. mail, postmarked within seven (7) days of the date of mailing of the notice, no penalty shall be assessed for the violation. If the notice is not returned within the 7 day period, the owner or resident shall be assessed a non-compliance administrative fee of twenty-five dollars ($25.00). Any subsequent violation within a 24 month period from the first violation shall result in the imposition of a non-compliance administrative fee of twenty-five dollars ($25.00).
(2) However, notwithstanding the above, if a violation of this subsection (B) results in the city or the city’s contractor picking up any material for which there is a separate cost or charge to the city, the Director of Utilities shall issue a notice of violation to the resident or owner and shall impose the following:
(a) On a first offense, the owner shall be charged all actual costs of removal of the items or material;
(b) On a second offense within 24 months of the first offense, a non- compliance administrative fee of fifty dollars ($50), plus an administrative fine of one hundred dollars ($100.00), plus all actual costs of removal of the items or material;
(c) On a third or more offense within 24 months of the first offense, a non- compliance administrative fee of fifty dollars ($50), plus an administrative fine of two hundred dollars ($200.00), plus all actual costs of removal of the items or material;
(C) The Director of Utilities shall have the discretion to waive any or all of an administrative fee or fine imposed under this section if he determines there are sufficient mitigating circumstances that indicate the violation was an isolated incident, not likely to be repeated, that the fee or fine would impose an undue financial hardship, or for other good cause consistent with the goals of this section. The Director shall further have the authority to waive or adjust the requirements for garbage container storage behind the front building line when the director determines it is necessary or appropriate to do so under the particular circumstances then existing to avoid undue hardship to the resident.
(D) Any person receiving a notice of violation under this section may appeal the same through the Claims Advisory Board as set forth within City Code Chapter 272. Such appeal must be mailed to the City Director of Law, and postmarked within 7 days of the date of mailing of the notice of violation. The Board shall have the authority to reverse or modify any order or decision of the Director of Utilities, as it deems appropriate.
(Ord. 134-91. Passed 6-3-91; Ord. 210-99. Passed 12-6-99; Ord. 054-06. Passed 3-13-06; Ord. 254-07. Passed 12-17-07.)