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§ 50.03 CONTAINERS.
   (A)   Garbage containers shall be made of durable, water-tight, rust-resistant material having a fly-tight lid and handles to facilitate collection.
   (B)   Refuse containers shall be made of durable water-tight, rust-resistant material having a fly-tight lid and handles to facilitate collection or if plastic bags are used, they shall be of heavy duty construction and securely tied.
   (C)   Refuse and garbage containers for a residence shall not be less than ten gallons, nor more than 96 gallons in capacity. Containers for commercial establishments shall not exceed 96 gallons in capacity.
   (D)   It shall be unlawful to permit the accumulation of residue of liquids, solids, or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.
   (E)   Paper or wooden boxes may be used as containers for rubbish, provided such boxes when filled do not exceed 32 pounds in weight. Large stones and hot ashes will not be collected.
   (F)   Large containers to be handled by special equipment may be used if the contract collection has equipment to handle such containers. The containers must have fly-tight lids, and be placed on the premises where the collector has ready access.
(Ord. 2002-6, passed 4-11-2002; Am. Ord. 2013-11, passed 10-24-2013)
§ 50.04 STORAGE OF REFUSE AND GARBAGE.
   (A)   Each householder having refuse and/or garbage shall provide himself or herself with approved refuse and garbage containers and shall place and keep all refuse and/or garbage therein.
   (B)   Containers shall not be placed on the street right-of-way prior to 6:00 p.m., local time, on the day before scheduled collections, and shall be removed to the rear of the premises before 9:30 a.m., local time, the day following scheduled collections.
   (C)   It shall be unlawful to place refuse or garbage in any street, alley, street, body of water, or any other public place, or upon private property, whether owned or not, unless the refuse or garbage is placed in an approved container.
   (D)   Owners and/or their tenants shall encapsulate and securely wrap in plastic any upholstered furniture, mattresses, pillows, cushions, box springs and similar items stored outside of a completely enclosed structure or placed out for collection or otherwise placed in the public right-of-way.
(Ord. 2002-6, passed 4-11-2002; Am. Ord. 2011-20, passed 11-10-2011; Am. Ord. 2013-11, passed 10-24-2013)
§ 50.05 COLLECTION PRACTICES.
   (A)   For the purpose of collection, refuse and garbage containers shall be placed at ground level, and be made readily accessible to the collector. They shall be on the side of the street from which collection is to be made.
   (B)   Notwithstanding the provisions of division (A), above, householders, commercial establishments, or other persons may, by contract, with collectors, be permitted to place containers at agreed places upon their premises.
   (C)   Hotels, restaurants, institutions, and commercial establishments may be required to have more frequent collection, if determined by the City Council to be essential to protect the public health.
(Ord. 2002-6, passed 4-11-2002; Am. Ord. 2013-11, passed 10-24-2013)
§ 50.06 WASTE COLLECTION ASSESSMENTS.
   (A)   Fee authorized. An assessment know as a waste disposal fee is authorized and enacted in the sum of$24.50 per unit per month for the period of July 1, 2023 through June 30, 2024; $25.68 per unit per month for the period of July 1, 2024 through June 30, 2025; and $26.91 per unit per month for the period of July 1, 2025 through June 30, 2026 pursuant to the terms and conditions of the City of Ludlow’s Solid Waste Collection Agreement attached to Ordinance 2022-7, passed August 11, 2022, and incorporated therein by reference as Exhibit “A”.
   (B)   City Treasurer authorized to collect.
      (1)   The City Treasurer is authorized, empowered, and directed to effect the assessment and its collection by annual billing after the passage, approval, and publication of this section.
      (2)   The assessment will be collected annually. The payment of the assessment will be due and payable on or before October 31, unless the thirty-first day falls on a Saturday, Sunday or holiday in which event, the entire amount is due and payable on the next regular business day.
   (C)   Delinquencies. The waste disposal fee bills shall become delinquent, upon non-payment, and that a penalty of 10% shall then be added to the waste disposal fee bills thereafter, and shall bear interest at the rate of 12% per annum from the delinquent date, until paid. Said assessment shall constitute a lien upon the property and be collectible in the same manner as tax levied against real estate.
   (D)   Credit of fees and penalties. All fees and penalties so collected as provided above, shall be credited to the General Fund of the City of Ludlow, without reservation or restriction as to their use.
   (E)   Annual billing. This is an annual assessment fee, which is being billed annually.
(Am. Ord. 6-1998, passed 7-9-1998; Am. Ord. 2005-15, passed 9-8-2005; Am. Ord. 2007-7, passed 8- 9-2007; Am. Ord. 2009-6, passed 7-9-2009; Am. Ord. 2011-11, passed 6-2-2011; Am. Ord. 2012-18, passed 9-13-2012; Am. Ord. 2013-4, passed 6-13-2013; Am. Ord. 2015-5, passed 6-25-2015; Am. Ord. 2022-7, passed 8-11-2022; Am. Ord. 2023-8, passed 6-22-2023)
§ 50.99 PENALTY.
   (A)   Any person, firm, or corporation who violates any provision of §§ 50.01 through 50.05 shall be subject to a civil fine of not less than $100 per day per violation but not more than $500 per day per violation, or the cost to the city to abate the public nuisance, or both. Each date that a violation of this chapter continues after due notice has been served in accordance with the terms of this chapter shall be deemed a separate offense to a maximum of $10,000 per citation.
   (B)   As an additional alternative remedy to the above penalty, any violator who violates any provision of the city nuisance code and has been previously issued two or more citations of violations of the nuisance code relating to the same property within a 12-month period may be assessed additional civil penalties of $500 per day per violation to a maximum of $20,000 per citation.
   (C)   The city shall possess a lien on property for all fines, penalties, charges, attorney’s fees, and other reasonable costs associated with enforcing this chapter and placing a lien on a parcel of real property pursuant to this chapter. The lien shall be superior to and have priority over all other liens filed subsequently, except state, county, school board, and city taxes.
(Ord. 2002-6, passed 4-11-2002; Am. Ord. 2013-11, passed 10-24-2013)