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§ 50.04 PROHIBITED WASTES.
   (A)   No person shall place in any container or receptacle any material that might endanger the collection personnel or which would be detrimental to the normal operation of collection or incineration, for example: hazardous household chemicals or waste, medical waste including sharps (needles), gaseous, solid, or liquid poisons, dead animals, ammunition, explosives, concrete, dirt, appliances, furniture, auto or equipment parts, or any material that possesses heat sufficient to ignite any other collected materials.
   (B)   No person shall be permitted to place leaves or yard waste in a refuse container for the purposes of refuse collection, removal or disposal.
   (C)   No person shall be permitted to place recyclables as defined in § 50.01, in a refuse container for the purpose of refuse collection, removal or disposal.
(Ord. 745, passed 2-8-93; Am. Ord. 905, passed 12-13-04) Penalty, see § 50.99
§ 50.05 ANTI-SCAVENGING PROVISIONS.
   No person shall take, collect, or transport any refuse, leaves, yard waste or recyclable material from any street right-of-way, alley or refuse dumpster of this city without a material collection license authorizing such activity. However, this section shall not apply to authorized city officials, including police officers, acting within the scope of their official duties, or residents when participating in a city authorized reuse program.
(Ord. 745, passed 2-8-93; Am. Ord. 905, passed 12-13-04) Penalty, see § 50.99
§ 50.06 REFUSE PRE-COLLECTION REQUIREMENTS.
   (A)   Residential.
      (1)   Single-family residential sites of generation. All single-family residential sites of generation must use the city's designated franchise hauler.
      (2)   Multi-family dwellings consisting of three or less dwelling units located in the same building must use the city's designated franchise hauler.
      (3)   Multi-family dwellings consisting of more than three dwelling units shall be responsible for securing service from a licensed hauler of residential refuse and recycling. All dwelling units located in the same building, rooming house, or condominium development must use the same method for residential collection.
      (4)   Other requirements applicable to all residential waste.
         (a)   There must be adequate open space in the public right-of-way or adjacent to a private street for collection to accommodate the number of refuse containers by all residents of the dwelling unit without interfering with driveways, vehicular traffic, pedestrian traffic, or business traffic. The DPW shall have authority to make determinations regarding the adequacy of the open space and to designate the collection area.
         (b)   Contents of collection carts placed for collection shall not exceed what can be reasonably placed within the cart and still allow the lid of the cart to be placed in a completely closed position. The contents shall not overflow the top of the cart.
         (c)   The property owner and tenant shall be responsible for ensuring that all collection carts are placed at the designated collection area no earlier than 5:00 p.m. the night before collection and that collection carts are removed from the designated collection area and front yard by midnight the day of collection. Collection carts shall only be stored in garages, backyards or side yards and out of sight from the street.
         (d)    Notwithstanding any provision to the contrary, if a dumpster is required for any dwelling unit for site plan approval, special use approval, other zoning approval, or by the zoning ordinance, then refuse collection shall be required pursuant to the approval provided and shall not be changed except by amendment pursuant to the site plan, special use, or other zoning approval.
         (e)   Special refuse, yard waste, hazardous waste, construction and demolition debris, and other prohibited waste as set forth in § 50.04 shall not be placed out for residential refuse collection.
   (B)   Commercial establishments. Commercial establishments shall be responsible for securing an approved method of refuse and recycling collection and disposal. Approved methods shall be limited to arrangements with licensed haulers.
   (C)   Other refuse. All special refuse, yard waste, hazardous waste, construction and demolition debris, and other prohibited waste as set forth in § 50.04 shall be removed using a licensed contractor or otherwise disposed of in accordance with applicable state law and regulations.
(Ord. 745, passed 2-8-93; Am. Ord. 800, passed 6-23-97; Am. Ord. 809, passed 11-24-97; Am. Ord. 870, passed 3-11-02; Am. Ord. 905, passed 12-13-04; Am. Ord. 1001, passed 8-10-15; Am. Ord. 1056, passed 7-27-20; Am. Ord. 1096, passed 7-8-24) Penalty, see § 50.99
§ 50.07 RESERVED.
§ 50.08 RESERVED.
§ 50.09 COMMERCIAL REFUSE AND RECYCLING CONTAINER SPECIFICATIONS.
   (A)   All container units used for commercial refuse collection shall be kept clean and in good repair.
   (B)   The property owner of each commercial establishment is responsible for maintaining sanitary conditions in and around the container.
   (C)   The lid and side doors of all commercial collection containers shall be kept closed. No material shall be placed beside or on top of a container.
(Ord. 745, passed 2-8-93; Am. Ord. 9
§ 50.10 AUTHORITY, COSTS, NOTICE TO REMOVE SOLID WASTE.
   (A)   The City Manager or designee is authorized to notify, in writing, the owner and/or tenant(s) of any premises to remove solid waste found to be in violation of § 50.02. Such notice shall be by hand delivery or certified mail, addressed to said owner and/or tenant(s). If the owner and/or tenant(s) cannot be located, or if the notice is returned as undeliverable, the notice shall be posted upon the premises addressed to the last known owner.
   (B)   If solid wastes are not removed from the premises within six days after the date of mailing or posting of such notice, or if the solid waste is located within an abutting public right-of-way, the owner and/or tenant(s) of the premises shall be subject to penalties as set forth in § 50.99. The City Manager or designee is authorized to pay for the removal of the solid waste or to order the removal by the city or its designated agent.
   (C)   When the city has effected the removal of such solid waste or has paid for its removal, the actual cost thereof, plus accrued interest at a rate of 1% per month from the date of removal shall be charged to the owner of the premises. If payment is not received, the cost plus accrued interest will be added to the next regular tax bill forwarded to such owner by the city, and said charge shall be due and payable at the time of payment of such tax bill.
   (D)   Where cost of removal is not paid by an owner within 60 days after the removal of such solid waste as set forth in divisions (B) and (C) of this section, then the City Manager or designee shall cause to be recorded in the Treasurer’s Office the date and premises on which removal was done. The recording of such statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made and shall be collected in the manner provided by law for collection of taxes; further, the total amount shall be subject to a delinquent penalty of 1% per month in the event same is not paid in full on or before the date of the tax bill upon which said charge appears becomes delinquent; said sworn statements recorded in accordance with the provisions hereof shall be notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the premises described in the statement that the same is due.
(Ord. 745, passed 2-8-93; Am. Ord. 905, passed 12-13-04; Am. Ord. 947, passed 4-13-09)
§ 50.11 SOURCE SEPARATION OF RECYCLABLE MATERIALS.
SEPARATION OF RECYCLABLE MATERIALS.
   (A)   Procedure.
      (1)   Separation of recyclables and placement or removal from residential sites of generation.
         (a)   All persons living in residential sites of generation shall separate recyclables from all other solid waste produced by such household. Such recyclable material shall be placed commingled in a
designated storage container and placed at curbside for collection on the same day as the other solid waste is collected.
         (b)   Violations of this section shall result in penalties being assessed as provided in § 50.99 of this chapter.
      (2)   Preparation of recyclable materials. Glass, plastic and metal recyclables shall be clean, and all contents shall be removed therefrom, prior to placement at curbside for collection. Non-metal caps shall be removed from glass recyclables and all caps shall be removed from plastic recyclables prior to placement for collection. Ferrous metal containers and plastic containers shall be flattened prior to placement for collection..
   (B)   Exceptions and variances. In cases of extreme hardship, or practical difficulties, the City Manager or designee may, upon receipt of a written request, authorize variances to this chapter's requirements regarding separation, points of collection and collection frequency.
   (C)   Responsibilities of collectors.
      (1)   The franchised hauler shall make available to all residential sites of generation within the city the service of collecting recyclable materials which are separated from solid waste prior to collection.
      (2)   Any licensed collector shall make available to all customers owning or operating a nonresidential site of generation within the city the service of collecting recyclable material after separation from the solid waste by the customer. Upon collection of any source separated recyclable material from a nonresidential site of generation, the licensed collector shall deliver the recyclable material to the MRF or another facility designed and operated to process the material into raw materials or new products, provided that the facility is consistent with the Isabella County Act 641 Plan.
      (3)   Any licensed collector shall not collect any solid waste from a residential site of generation unless all recyclable materials and yard waste have been separated from the solid waste prior to collection.
      (4)   If a vehicle of a licensed collector is used to collect or transport solid waste and either recyclable materials, or yard waste, or both, from any site of generation (residential or nonresidential), the waste hauler shall transport the solid waste, recyclable materials, and yard waste each in separate compartments of the vehicle for delivery and disposal.
      (5)   A licensed collector shall deliver all source-separated recyclable materials collected from a site of generation within the city to the MRF. No waste hauler shall deliver source-separated recyclable materials collected from a site of generation within the city, to any disposal site other than the MRF or a recycling facility designated by the city.
(Ord. 745, passed 2-8-93; Am. Ord. 905, passed 12-13-04; Am. Ord. 1096, passed 7-8-24) Penalty, see § 50.99
§ 50.12 MATERIAL COLLECTION LICENSES.
   No person or organization shall engage in the business of collecting or disposing of refuse, leaves, yard waste, or recyclable material without first obtaining a material collection license in the manner outlined in this section. The city expressly reserves the right to restrict the collection of residential refuse and recycling materials to a city designated contractor.
   (A)   No material collection license shall be issued except upon application to the City Clerk. At a minimum, the application must include the following information:
      (1)   A description of the methods and equipment which the applicant proposes to use for collecting refuse, leaves, yard waste and/or recyclable material in the city.
      (2)   A description of the type of collection to be provided and the part of the city which it will affect.
      (3)   A plan for meeting the pre-collection requirements outlined in § 50.06.
      (4)   Proof of liability insurance as required by city policy.
      (5)   A plan for meeting all collection and disposal requirements outlined in other relevant city, county, state and federal regulations as appropriate.
      (6)   The name and address of the city-designated site or sites to be used to dispose of each material collected.
   (B)   The City Clerk shall submit all such applications to the Director of Public Works who may approve the applications of such persons or organizations as deemed to be in the best interests of the city and its inhabitants.
   (C)   The Commission may establish by resolution a license fee to be paid by the applicant upon receipt of the material collection license.
   (D)   Whenever an application made hereunder has been approved by the Director of Public Works, the City Clerk shall, upon payment of any established fee by the applicant, issue a material collection license.
   (E)   Unless revoked under circumstances hereinafter provided, every material collection license shall expire on the next succeeding January 1 following its issuance.
   (F)   The city may restrict the number of material collection licenses issued and the scope of service of such licenses based on the geographic area to be serviced; the population sector to be served such as residential, commercial, or rooming house; the type of material to be collected; the points of collection such as the curb, alley, or other location; and/or the schedule of such collections. A license may only be used for the scope of services expressly stated in the material collection license.
   (G)   No licensed collector shall dispose of refuse, leaves, yard waste and/or recyclable material at sites other than those specified in the terms of the collectors material collection license.
   (H)   In residential zones and on commercially zoned property that directly abuts residential zones that have dwelling units, no collection of refuse or recycling shall occur before 7:00 a.m. or after 8:00 p.m.
      (1)   The City Commission may approve a policy that allows for exceptions to the 7:00 a.m. start time under extenuating circumstances.
      (2)   The City Commission may establish by resolution an application fee to be paid by the applicant requesting an exception to the 7:00 a.m. start time.
(Ord. 745, passed 2-8-93; Am. Ord. 905, passed 12-13-04; Am. Ord. 1021, passed 1-23-17; Am. Ord. 1033, passed 1-22-18; Am. Ord. 1096, passed 7-8-24) Penalty, see §50.99
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