§ 55.06  REGULATIONS FOR NON-CITY CONTRACTED BULK CONTAINER SERVICES.
   (A)   Conditions for commercial collection for multi-family residential units (attached and detached).
      (1)   The developers and/or owners of a multi-family residential units or a group of multi-family residential units, where more than four living units are in unified ownership shall maintain a bulk container (dumpster) except as otherwise provided; however, this requirement may be waived or modified by the solid waste coordinator upon a showing that the effected party would suffer undue hardship directly resulting from a strict enforcement thereof. Some of the factors which shall be considered by the solid waste coordinator in providing relief pursuant to this subsection are as follows:
         (a)   Whether complexes built before the enactment of this section have sufficient space to locate the number of bulk containers required to afford adequate service.
         (b)   Whether the spaces available are so situated as to afford safe ingress and egress by the servicing vehicles.
         (c)   Other factors deemed applicable to the request.
         (d)   Bulk containers must be of such size and quantity to accommodate the needs of the establishment.
      (2)   In case of multi-family exemptions to bulk container pickup, one rollout cart for garbage and recycling shall be required for every unit in the complex. The carts must be corralled or stored. Storage areas must be approved before allowing the exemption. In addition, rollout carts must be maintained in perpetuity regardless of whether a unit is vacant. It is the multi-family residential unit owner’s responsibility to provide solid waste services for each unit. If an exemption is granted, the owner will be billed for rollout cart service. The solid waste coordinator will be the determining authority and is not limited to the general criteria listed above.
      (3)   All new construction, alterations or conversions of multi-family residential units and/or groups of the same for which any building permit shall be issued where the multi-family residential unit or group or complex of same will contain more than four living units. No building permit shall be issued for construction, alteration or conversion of a building or group or complex of buildings falling within the application of this section until a plan approved in writing by the director of the planning department or his or her designee showing adequate provision for containerization of refuse as required by this section shall be furnished by the owner or developer; and no such multi-family residential unit or group or complex of the same to which this section applies shall be constructed, altered or converted without providing for the use and maintenance of bulk container (dumpster).
      (4)   Owners or developers of mobile home parks with more than four units must provide a bulk container (dumpster) as prescribed above.
      (5)   Developers and/or owners of multi-family units and/or complexes, who have been instructed to provide bulk containers (dumpsters) may appeal such requirements to the city manager for review and determination by filing a written notice of appeal with the City Manager within 15 days of receipt of the solid waste coordinator’s determination, setting forth in the notice of appeal any special conditions or hardships which he or she feels may be relevant. If not resolved, an appeal may be taken to the Environment and Water Resource Committee. The decision of the Environment and Water Resources Committee shall be conclusive; provided, however, either party may petition the council for a rehearing based on changed conditions.
   (B)   Conditions for bulky container (dumpster) collection for nonresidential use.
      (1)   Where an attached business unit or group of attached business units in the same complex is comprised of more than four business units, a bulk container (dumpster) shall be provided by the owner or owners at such complex.
      (2)   Where refuse accumulates at any business unit, place or location in quantities of more than two 100-gallon automated refuse containers (200 gallons) between collections, the owner or owners in charge shall be required to provide bulk containers (dumpsters).
   (C)   The agreement and contract for garbage service will be between the commercial business owner and/or homeowners’ association or their contractors.
   (D)   Bulk containers must be of such size and quantity to accommodate the needs of the establishment.
   (E)   No bulk containers shall be stored in front of a business, or residence, in front of the building line closest to the street or on public right-of-ways.
   (F)   Doors of bulk containers must be kept closed and the container kept in good condition by the users. Bulk containers shall at all times be kept clean, neat, painted, in good state of repair and shall be easily accessible to collection personnel. The container site must be kept free of litter by the users and washed down periodically to eliminate odor. Cleaning up spilled material shall be the responsibility of the property owner or occupant.
   (G)   The Solid Waste Coordinator in coordination with the city’s solid waste service contractor shall have the authority to determine the quantity and location of bulk containers and to determine whether such containers are serviceable. The Solid Waste Coordinator shall have the authority to require the owner or lessee to relocate a bulk container for such reasons as odor or litter problems.
   (H)   Civil penalty. A civil penalty in the amount of $50 may be issued to any person in violation of this section. Violators shall be assessed a civil penalty based on the documented number of noncompliance citations multiplied by the established fee in this section, not to exceed $500.
(Ord. O-1999-86, passed 12-7-99; Am. Ord. O-2000-39, passed 9-19-00; Am. Ord. O-2005-13, passed 4-5-05; Am. Ord. O-2012-23, passed 10-2-12; Am. Ord. O-2015-08, passed 6-2-15; Am. Ord. O-2019-48, passed 11-12-19)