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(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARDING HOUSE. A building other than a hotel where meals for three or more but not to exceed 20 persons are served for compensation to regular patrons by previous arrangement. If the number regularly served is greater than 20, the establishment shall be claimed as a restaurant.
COMMERCIAL ENTITY. A commercial entity is an entity whether it be sole proprietorship, partnership, or corporation which occupies a building or buildings for the purchase, sale or other trans-action involving the handling or disposition of any article, substance, or commodity for profit or livelihood or the ownership or management of office buildings, offices, recreational enterprises, and amusements or the maintenance and use of offices by professions and trades rendering services.
DWELLING. One or more rooms which are arranged, designed, or used as living quarters for one family only.
FAMILY/COMMERCIAL ENTITY. Any structure or group of structures which house a commercial entity or at least one or more single-family dwelling units.
GARBAGE. Discarded materials resulting from the handling, processing, storage, preparation, serving, and consumption of food.
GARBAGE COLLECTION VEHICLE. Garbage collection vehicle is any vehicle of at least six wheels equipped with power garbage compacting and storage devices with a completely enclosed holding body which is leak proof, whose primary use is the compacting, collection, and disposition of garbage, refuse, and waste which have been aban-doned and set out for collection by the owners of the material.
MULTI-FAMILY CONTAINERS. Recep-tacles with the capacity of at least one cubic yard which have been adapted for the automatic mechanized pick up of garbage, refuse, and waste by a garbage collection vehicle.
MULTI-FAMILY DWELLING. A building or group of buildings which may be on one or more adjoining properties of the same owner whether owned or rented by the residents thereof, which is designed and used by more than two families for dwelling purposes.
OPEN DUMPING. The consolidation of refuse from one or more sources at a central disposal site that does not fulfill the requirements of a sanitary land fill as defined by the State Environmental Protection Agency.
REFUSE. Putrescible and nonputrescible solid waste including garbage, rubbish, ashes, incinerator ash and residue, paper, cardboard, bottles, tin cans, yard clippings, wood, glass, bedding materials, or litter of any kind.
RESIDENCE CONTAINERS. Tightly covered galvanized steel or heavy duty watertight containers not exceeding 32 gallon capacity each, and not exceeding a total weight when filled of 80 pounds each. A container may be a disposable refuse sack or liner of not less than gauge .0015 for plastic or two-ply 50 pound weight strength extensible craft for paper and shall not exceed a total weight when filled of 80 pounds each.
ROOMING HOUSE. A residence, apartment, or portion of a building in which any person or persons not related to the owner or occupant of such premises by blood or marriage, are furnishing sleeping accommodations for monetary compensation.
SINGLE-FAMILY DWELLING. A residence suited for and used by one family and which is not attached to any other residence or commercial unit or structure other than a garage suitable for housing passenger automobiles.
TWO-FAMILY DWELLING. A building containing two dwelling units only.
WASTE. Solid materials such as furniture, appliances, dryers, washers, stoves, refrigerators, tables, chairs, beds, and bed springs and other household items but does not include materials from construction or repair of buildings, materials from razed buildings, waste from manufacturing or industrial processes, automobiles, automobile parts, and animal waste used as fertilizer.
(B) Removal; loose brush and twigs to be bound. Garbage, refuse, and waste will be removed by the contractor from each single-family dwelling and two-family dwelling at least once each week at regular times. The contractor shall also pick up from single-family and two-family dwellings, brush, shrubs, roots, and limbs of trees, provided that these items shall be bound in bundles not to exceed four feet in length and provided further that no single piece within such bundle shall exceed three inches in diameter. Each bundle shall not exceed 60 pounds in weight and shall be capable of being handled and loaded by one person. Brush, shrubs, roots, and limbs of trees shall be placed for collection on regular collection days once each week.
(C) Hours for collection. Hours for garbage, refuse, and waste collection will be between 6:00 a.m. and 6:00 p.m. on any day of the week except Sunday. No garbage, refuse, or waste shall be collected in the evening hours between 6:00 p.m. and 6:00 a.m.
(D) Residential containers. All garbage, refuse, and waste, created, accumulated, or produced shall be deposited in residential containers by the owner or occupant of the single-family dwelling or the two-family dwelling units.
(E) Placement in right-of-way prohibited. No garbage can, bag, or other container for garbage shall be stored on any road, or sidewalk, except when it is placed on a public parkway for garbage pick up. The garbage can, bag, or container must be placed on the public parkway that directly abuts the owner or occupant's property. For the purpose of the public right-of-way between private property and/or the public sidewalk and the improved street or road.
(F) Garbage service and charge; authorized agents.
(1) It is found and determined that the periodic collection of garbage, refuse, and waste from single-family and two-family dwelling units in the city benefits those dwelling units, and such occupants or persons in possession, charge, or control of any dwelling in or from which garbage is created, accumulated, or produced are liable for and shall pay the garbage service charge established by the Council.
(2) Garbage, refuse, and waste collection service is provided by the city and shall be mandatory for all occupants or persons in possession, charge, or control of any single-family dwelling unit or two-family dwelling unit in the city, in or from which garbage, refuse, and waste is created, accumulated, or produced to use the city's collection service.
(3) It shall be unlawful for any person, firm, or corporation, other than authorized agents or employees of the city, to collect, remove, or dispose of garbage, refuse, and waste from single-family dwelling units or two-family dwelling units in the city.
(G) Collection of garbage. Collection of garbage, refuse, and waste shall be made at least once each week from all single-family dwellings and two-family dwelling units.
(H) Payment of bill. Service charges for garbage, refuse, and waste shall be paid monthly by the owners, tenants, or person in possession of single-family and two-family dwelling units within the city. Service charges for garbage, refuse, and waste services shall be due and payable when the monthly bills are rendered. If the bill is not paid within 15 days from the date of the issuance of the bill (due date), then any portion of the amount due which is unpaid as of the payment due date is subject to a finance charge at the annual percentage rate of 18% (1.5% per month) on the unpaid balance of each month.
(I) Unlawful containers. The keeping of garbage, refuse, and waste in containers other than residential containers shall be unlawful for owners and occupants of single-family and two-family dwelling units.
(J) Rates for service charge. The City Council reserves the right from time to time to change the rates charged under this section, if the cost of operation and collection for garbage, refuse, and waste exceed the revenue derived from the service charges collected by the city.
(K) Property of contractor. All garbage, refuse, and waste collected by the garbage contractor shall become and be the property of the contractor as soon as it is placed in the contractor's vehicle.
(Ord. 958, passed 10-4-82; Am. Ord. 968, passed 2-21-83)
(L) Containers placed at curb line. Owners, occupants, or tenants of single-family or two-family dwelling units shall be required to place containers and refuse at the curb line or on the shoulder of a street or alley directly accessible by truck, sufficiently in advance of the arrival of the truck. Containers, unless disposable, will be returned to the curb line or shoulder by contractor.
(M) Hazardous material. The contractor employed by the city may but shall not be required to collect hazardous materials, as defined by the State Environmental Protection Agency. The applicable state regulations shall govern the removal and disposal of hazardous materials.
(N) Burning garbage. It shall be unlawful for any person to burn garbage, refuse, and waste within the city. Properly designed and installed kitchen garbage disposal units may be used for disposal of garbage into the city's sanitary sewer system. It shall be unlawful for any person, partnership, or corporation to cause or allow the open dumping of any garbage, refuse, and waste within the city.
(O) Accumulation of garbage. It shall be unlawful for the occupant or owner of any premises in the city to accumulate thereon garbage, refuse, and waste.
(P) Depositing garbage on property of another. It shall be unlawful for any person to deposit his garbage, refuse, or waste or his garbage container upon the property of another for the purpose of having such garbage, refuse, and waste picked up by a garbage contractor.
(Q) Construction debris. It is the duty of the owner of any property to remove therefrom all construction debris.
(R) Location of storage facilities. The regulations contained herein shall be effective February 1, 2010.
(1) For single-family and two-family dwellings, every effort shall be made to screen refuse and recycling containers from public view to the greatest extent possible, using the following requirements:
(a) No rubbish, garbage or container shall be located in a front yard, and they shall be stored completely out of public view (e.g., behind a fence or within a garage or enclosure), except as permitted otherwise in this chapter for garbage pick-up.
(b) If compliance with division (a) above is not possible, containers should be stored adjacent to the side of the house or garage, and shall not be located within a front yard, except as permitted otherwise in this chapter for garbage pick-up. Containers shall not be stored within a corner side yard unless fully screened.
(c) No container shall be placed so as to be unsightly, or so as to constitute a nuisance to adjacent property or the occupants thereof. The containers are to be placed an adequate distance from adjoining properties to prevent health-related impacts (odors, flies and the like) to those properties.
(2) Multi-family dwellings and non-residential property shall locate dumpsters, refuse containers and grease storage containers in rear yards or interior side yards. These containers shall comply with city screening requirements contained in § 153.50.120(F), Screening of refuse disposal areas. No container shall be placed so as to be unsightly, or so as to constitute a nuisance to adjacent property or the occupants thereof. Containers shall not be placed in visibility triangle, nor shall they obstruct drainage. Refuse containers shall not be located within 20 feet of a residentially used or zoned property.
(3) In all cases of disputes or complaints arising from or concerning the place where solid waste or solid waste containers shall be placed on a zoning lot, the City Administrator or his/her designee shall designate the place.
(4) Certain lots within the city may have unique circumstances making it impractical to locate the containers and/or enclosures in the yards required by divisions (1) and (2) above. In cases where the Zoning Administrator deems unique circumstances exist, he/she may grant a waiver of the requirement, upon receipt of the owner's written request and explanation of the particular hardship. Prior to granting such waiver, the Zoning Administrator shall determine that all reasonably feasible measures have been taken to mitigate any negative impacts.
(`79 Code, § 93.330) (Ord. 958, passed 10-4-82; Am. Ord. 968, passed 2-21-83; Am. Ord. 97-074, passed 10-29-97; Am. Ord. 00-268, passed 9-18-00; Am. Ord. 06-559, passed 5-10-06; Am. Ord. 09-062, passed 11-4-09) Penalty, see § 52.99