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(A) Responsibility Of Property Owner: The owner of any property, including any residence, commercial establishment, institution or industry, vacant or occupied, shall be responsible for the satisfactory storage and removal of all solid waste accumulated on that property. In those instances where a person rents or leases to another, the property owner or his agent shall be ultimately responsible for solid waste generated or stored on those premises should said waste remain on the premises during or beyond the tenant term. Excepting disruptions in normal solid waste collection schedules, nonrecyclable wastes shall not be allowed to remain on the premises for more than seven (7) days, to prevent propagation, harborage, or attraction of flies, rodents or other vectors, and the creation of nuisances.
For the purposes of this section, disruptions in normal solid waste collection schedules shall be limited to when:
1. Disruptions are due to strikes; or
2. Severe weather conditions or acts of God make collection impossible using normal collection equipment; or
3. Official holidays interrupt a normal seven (7) day collection cycle in which case collection may be postponed until the next working day.
Recyclable materials separated from nonrecyclable wastes may be stored on the premises for longer than seven (7) days provided that the recyclable materials are cleaned and/or stored in a manner that prevents propagation, harborage, or attraction of flies, rodents or other vectors, or the creation of nuisances or fire hazards.
(B) Solid Waste And Recyclable Materials Ownership:
1. Except as provided hereinabove, all solid waste and recyclable materials are the property of the person gathering them until:
(a) The solid waste and/or recyclable materials are legally disposed of in an authorized disposal site; or
(b) The solid waste and/or recyclable materials are legally deposited at an authorized transfer station, processing facility, buy back center or drop off recycling center; or
(c) The solid waste and/or recyclable materials are picked up by the franchise collector/hauler authorized by the city.
2. Solid waste and recyclable materials legally placed for disposal and/or processing becomes the property and responsibility of the franchise collector/hauler upon receipt of the solid waste or material.
3. No person shall remove solid waste and/or recyclable materials placed for collection other than the person generating or responsible for the waste or by the franchise collector/hauler or permittee.
(C) Construction/Demolition Projects:
1. It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit, or allow to be caused, maintained or permitted, the accumulation of any solid waste or litter on the site before, during or after completion of the construction or demolition project.
2. It shall be the duty of the owner or contractor in charge of any construction or demolition site to have adequate containers on site for the disposal of solid waste and litter and to make appropriate arrangements for the collection thereof by the franchise collector/hauler or the personal transportation site to an authorized facility for final disposal. While the container is on site, substantial provisions shall be employed by the owner or contractor to prevent the blowing or falling of solid waste from the container so as to prevent a littering condition.
3. The owner or contractor in charge of such construction or demolition site may be required at any time to show proof of appropriate collection, or if personally transported, of final disposal at an authorized facility. (Ord. 1629, 6-23-2009)