Sec. 48-23. Leaving collection, hauling, etc., vehicle unattended; penalty.

   It shall be unlawful for any person to park or otherwise leave unattended upon any public street or thoroughfare within the county any vehicle, motor or otherwise, used for the hauling or transporting of any solid waste for any period of time in excess of that which is necessary in the loading or unloading of such vehicle. Any violation of this section shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code. (1981 L.M.C., ch. 37, § 1; 1983 L.M.C., ch. 22, § 53.)

Sec. 48-24. Storage and removal.

   (a)   Storage generally. It shall be unlawful for any person to store any solid waste within the county, except as provided in this chapter and any executive regulations promulgated pursuant thereto. The provisions of this section shall apply to any land or premises where solid waste accumulates or is produced, be it residential, commercial or industrial, including vacant property.

   (b)   Responsibility of owners and occupants.

      (1)   It shall be the responsibility of the occupant to provide a sufficient number of approved containers for storage of solid waste to prevent overflow between times of collection in single-family and duplex residential dwellings and to maintain the premises in accordance with the standards of this chapter; and it shall be unlawful for the owner or occupant of such private property within the limits of the county to permit the accumulation of solid waste or to permit any part thereof to be carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property. "Accumulate" shall mean to exist outside of an approved container for a period of time in excess of thirty (30) days. At such time as the county executive shall determine that the county possesses the capability for the separate collection and disposal of newspapers, magazines, cardboard, wastepapers, glass, aluminum cans and other recyclable materials, these items shall be stored in such a manner that these kinds of solid waste materials can be collected and disposed of separate and apart from other types of solid waste.

      (2)   It shall be the responsibility of the owner and/or resident manager and not the occupants of multifamily residential dwellings to provide a sufficient number of approved containers for the storage of solid waste to prevent overflow between times of collection and to maintain the premises in accordance with the standards of this chapter; and it shall be unlawful for the owner, resident manager or occupant of such private property within the limits of the county to permit the accumulation of solid waste upon such property or to permit any part thereof to be carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property. "Accumulate" shall mean to exist outside of approved containers for a period of time in excess of five (5) days. At such time as the county executive shall determine that the county possesses the capability for the separate collection and disposal of newspapers, magazines, cardboard, wastepapers, glass, aluminum cans and other recyclable materials, these items shall be stored in such a manner that these kinds of solid waste materials can be collected and disposed of separate and apart from other types of solid waste.

      (3)   Each owner and occupant of commercial and industrial land or buildings must provide a sufficient number of approved containers for storage of solid waste to prevent overflow between collections and to maintain the premises as required in this Chapter. An owner or occupant of commercial or industrial property must not let solid waste accumulate on the property or be carried or deposited by the elements on any other public or private property. Each owner and all occupants of any shopping center and commercial establishment must install and maintain trash receptacles on the edge of each pedestrian walkway. The receptacles must be of a type and size and placed at a location approved by the Director and clearly designated as receptacles of solid waste. When the County Executive decides that the County will separately collect newspapers, magazines, cardboard, wastepaper, glass, aluminum cans, and other recyclable materials from commercial establishments, these items must be stored separately from other solid waste.

      (4)   The owner and occupant of commercial or industrial property must screen from view at street level any solid waste container or solid waste storage area on the property if the container or storage area can be seen from the street level of any residential property. The owner of multifamily residential property must screen from view at street level any solid waste container or solid waste storage area on the property if the container or storage area can be seen from the street level of any residential unit on the property or the street level of any other residential property. This paragraph does not apply to temporary solid waste containers at construction sites.

      (5)   It shall be the responsibility of the owner of vacant land to keep his property free of solid waste.

      (6)   Deficiencies observed in violation of the standards of this Chapter shall constitute prima facie evidence that the required maintenance is not adequate. The Director may remove or cause removal of solid waste material upon written notice to the owner, occupant, lessee or agent at his last-known address; and the cost of removal shall be a debt due the County and shall be collected as are other debts.

   (c)   Container standards. All containers for the storage of solid waste, except bins for the storage of bulky rubbish, shall be vermin-proof and waterproof, of noncorrodible metal or similar material, and shall be equipped with tight-fitting lids at all times. Containers recessed into the ground shall be permitted only if they are of such construction that they do not permit the entrance of waste material or water seepage into the nonremovable parts. Slant-sided refuse containers, as defined in this Chapter, which will tip over when empty and subjected to a horizontal force of 70 pounds when applied at a point and in a direction likely to cause tipping and a vertically downward force of 191 pounds applied to a point likely to cause tipping, are not allowed to be used in the County because of risk of tipover.

   (d)   Maintenance standards.

      (1)   All containers or local disposal systems shall be accessible to the users at all times.

      (2)   Solid waste bins, as constructed under the terms of the Fire Safety Code and Building Code, shall not be used for the storage of garbage.

      (3)   Doors to solid waste storage rooms, chute doors, lids to hoist containers and lids to all other solid waste containers shall be in place and shall be kept closed when not in actual use.

      (4)   Containers and storage area surfaces shall be washed periodically so that no encrusted waste material is evident upon inspection.

      (5)   Interior storage rooms, unloading platforms or aprons, and other solid waste storage areas of buildings shall be kept clean, free of litter and solid waste overflow, free of vermin, and well ventilated.

      (6)   The presence of solid waste in place other than inside proper containers of disposal devices, the presence of sour odors and the presence of insects, rodents or other vermin, or evidence of their presence shall constitute improper maintenance or lack of maintenance and the need for more frequent removal. The Director may remove such solid waste upon written notice to the owner, occupant, lessee or agent at his last-known address; and the cost of removal shall be a debt due the County and shall be collected as are other debts.

   (e)   Removal schedule.

      (1)   The frequency of collection of garbage shall be at least once a week or of such greater frequency as is necessary to keep all solid waste in the proper containers without producing overflow or objectionable odors.

      (2)   Highly putrescible waste, such as seafood waste, shall be removed from commercial premises daily, unless the waste is immediately ground into the sewer system or is stored in refrigerated storage. In the latter case, the schedule under paragraph (1) of this subsection shall apply. The existence of objectionable odors at the nearest adjoining premises shall be evidence of insufficient removal frequency.

      (3)   Medical or pathological wastes shall not be put out for collection but shall be destroyed by proper incineration on the premises or shall be taken to a solid waste acceptance facility approved for these types of materials. (1981 L.M.C., ch. 37, § 1; 1990 L.M.C., ch. 2, § 1; 1995 L.M.C., ch. 18, § 1.)

Sec. 48-24A. Storage of vehicles.

   (a)   In this section, “unused vehicle:”

      (1)   Means a vehicle that is:

         (A)   Inoperable or not currently registered by a government agency; and

         (B)   Not subject to section 48-24;

      (2)   Includes trailers; and

      (3)   Does not include farm tractors or any farm equipment such as automobiles and trucks that are:

         (A)   Kept on properties consisting of 2 or more acres on which crops are being grown and harvested; and

         (B)   Used for the purpose of growing and harvesting crops.

   (b)   A person must not store an unused vehicle on residential property in violation of Section 26-9(a)(13). (1986 L.M.C., ch. 2, § 1; 1986 L.M.C., ch. 43, § 1; 2009 L.M.C., ch. 25, § 1.)

Sec. 48-25. Permits and licenses issued under chapter-Expiration; transfer.

   Permits, licenses or registrations issued under this chapter expire one year after the effective date of issuance unless otherwise stated thereon, and may be renewed if the applicant complies with this chapter. A registration, permit or license must not be transferred, except that if the holder dies, an executor, administrator or heirs may operate under the existing registration, permit or license. The Director may assign new dates of licensure to existing licenses to effectively stagger annual renewals evenly throughout the year and must adjust license fees pro rata. (1981 L.M.C., ch. 37, § 1; 1992 L.M.C., ch. 39, § 1.)

Sec. 48-26. Permits and licenses —Fees.

   Permit or license fees under this chapter shall be fixed annually by executive regulation adopted by the county executive under method (3) of section 2A-15 of this Code. The fees shall not exceed the cost of inspection, licensing and enforcement of this chapter. (1981 L.M.C., ch. 37, § 1; 1984 L.M.C., ch. 24, § 47; 2011 L.M.C., ch. 17, § 1.)

Sec. 48-27. Permits and licenses —Refusal to renew; revocation or suspension.

   The director may refuse to renew or he may revoke or suspend any license or permit issued under this chapter or take such other action as he may deem necessary upon a finding that the holder of the license or permit has violated any provision of this chapter, or that the continued use or operation of the license or permit under this chapter would endanger the health, welfare or safety of the public. Notice of revocation, suspension or refusal to renew or other action shall be in writing, and mailed by certified mail or delivered in person to the address shown on the application and shall provide for a right to a hearing before the director prior to final action. In the event of an immediate danger to the public health or safety, notice and hearing shall not be required but shall be given as promptly thereafter as practical.

   In the collection and transportation of solid waste, the director may revoke the registration of a particular vehicle or vehicles of the licensee found to be in violation of this chapter, such revocation to remain in force until such time as the licensee puts any or all vehicles in compliance with the provisions of this chapter or corrects the violation. Notice of revocation shall be as provided above. Such revocation of the registration of a particular vehicle shall not otherwise affect the license to do business issued under this chapter or affect the registration of complying vehicles of the licensee. (1981 L.M.C., ch. 37, § 1; 2011 L.M.C., ch. 17, § 1.)

Sec. 48-28. Permits and licenses — Appeals.

   Any person aggrieved by the issuance, denial, renewal, suspension, or revocation of a permit or license under this Chapter may appeal to the County Board of Appeals within 10 days after the action is taken. The Board may affirm, remand, modify, or reverse the action of the Department. An appeal to the Board must not stay the action unless the Board, upon application, grants a stay of the action. (1981 L.M.C., ch. 37, § 1; 2011 L.M.C., ch. 17, § 1.)

   Editor’s note—2011 L.M.C., ch. 17, §§ 2 and 3, state:

   Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

   Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.