§ 51.02 CONSTRUCTION SITE DEBRIS MANAGEMENT.
   (A)   Applicability. The following projects are subject to this section:
      (1)   Construction of a new residential or non-residential building which has a building footprint of 800 square feet or more.
      (2)   Major remodeling of an existing residential or non-residential building which increases the building footprint by 800 square feet or more.
      (3)   Major alteration of an existing residential or non-residential building that results in the change of 50% or more of the gross square footage of the existing structure for reconstruction, rehabilitation, removal of walls, or other improvement.
      (4)   Demolition of any garage or the demolition of a residential or nonresidential building which has a building footprint of 1,000 square feet or more.
   (B)   Construction site debris management required. No demolition or building permit shall be issued for projects subject to this section unless provisions have been made for construction site debris management as required by this section and have been submitted and approved by the Director of Community and Economic Development. The Director of Community and Economic Development is authorized to grant waivers from the requirements and standards of this section if unusual site conditions do not allow full compliance with this section. A demolition or building permit issued for projects subject to this section may be suspended or revoked by the Director of Community and Economic Development when the approved construction site debris management as required by this section is not implemented or followed. These requirements set minimum standards for the containment of construction debris and the operation, safety, neatness and cleanliness of the project site to eliminate or minimize impacts to the site and to the neighborhood.
   (C)   Construction debris. The property owner or contractor shall maintain the entire construction site clean and free of debris at all times. All demolition and construction debris shall be placed in the temporary roll-off construction dumpster. “Clean” for purposes of this section means, without limitation, removal and placement into the temporary roll-off construction dumpster of scrap lumber, concrete remnants, transport and packing materials and scrap roofing materials from the project site. The project site shall be free of all loose debris such as cans, metal, plastic and paper.
   (D)   Location. The temporary roll-off construction dumpster shall be located inside the construction site fence; or when no construction site fence is required for the project, the temporary roll-off construction dumpster shall be located on the project site unless unusual site conditions do not allow the dumpster to be located within the fence or on the project site. The placement of the temporary roll-off construction dumpster shall not be within ten feet of an abutting dwelling or property line without the express written consent of the abutting property owner. If unusual site conditions do not allow the dumpster to be located within the fence or on the project site, the Director of Community and Economic Development shall approve the location of the temporary roll-off construction dumpster. The placement of the temporary roll-off construction dumpster shall be positioned so that no part extends into the street or right-of-way unless unusual site conditions do not allow the dumpster to be so located. The Director of Community and Economic Development may permit the location of the temporary roll-off construction dumpster on a city street or right-of-way if deemed necessary and in the best interest of the city. If the dumpster is required to be positioned so that a part extends into the street or right-of-way, it shall be positioned so that it does not create an obstruction to traffic. Any permitted dumpster placed on a city street or within a right-of-way shall be equipped with suitable reflectors or other warning devices. The city reserves the right to refuse the placement of the temporary roll-off dumpster and require a suitable relocation if it is determined by the Director of Community and Economic Development that the placement constitutes an obstruction, public nuisance or hazard to the general public. The temporary roll-off dumpster shall bear identification, including the name, address and telephone number of the owner of the temporary roll-off construction dumpster.
   (E)   Disposal of construction debris. The temporary roll-off construction dumpster shall be emptied in a timely fashion so there is no overflow of debris or litter. The contents placed in a dumpster shall not be allowed at any time to overflow or fill to a capacity that a current of air may cause debris to exit the dumpster. No contents shall be placed adjacent to or outside of the dumpster at any time. No garbage or kitchen waste shall be deposited in any temporary roll-off construction dumpster. Hazardous materials may not be placed in the temporary roll-off construction dumpster.
   (F)   Damage. Any property damage incurred as a result of the use of any dumpster including, but not limited to, damage to the pavement, sidewalks, curbs or utilities of the city shall be the responsibility of and shall be repaired or otherwise remedied to the satisfaction of the city by the property owner or contractor.
   (G)   Duration. The on-site placement and use of a temporary roll-off construction dumpster for the purposes of a construction or demolition project is limited to 180 days at any business or residential lot in the city. Extension may be granted at the discretion of the Director of Community and Economic Development in cases of inclement weather and other applicable circumstances. The dumpster shall be removed from the project site prior to a certificate of occupancy being issued.
   (H)   Removal. Both the property owner and the contractor constructing the project shall be fully liable and responsible for compliance with the requirements and regulations pertaining to temporary roll-off construction dumpsters. The city reserves the right to remove a temporary roll-off construction dumpster which violates this section if it is determined that the placement constitutes an obstruction or public nuisance or hazard at its current placement location or if the time duration has passed and property owner or contractor has been provided 30 days’ written notice to remove the dumpster. The property owner and/or the contractor shall be liable to the city for any costs incurred in such removal and subsequent storage of the dumpster, together with all charges to dispose of debris contained in the dumpster. In addition to any other remedies, the city specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this section.
(Ord. 17-18, passed 4-25-17; Am. Ord. 22-24, passed 8-23-22)