(A) Definitions.
(1)
HOUSEHOLD REFUSE. Garbage, trash, and debris of whatever nature commonly associated with residential living units, including, but not limited to, household garbage, construction materials and debris, furniture, appliances, bedding, boxes, and yard waste.
(2)
SINGLE FAMILY RESIDENCE. All single family residences, whether owner-occupied or maintained as rental units, and all rental units containing three units or less on the same parcel that are 50% or more owner-occupied.
(3)
MULTI-FAMILY RESIDENCE. All residential structures not included within the definition SINGLE FAMILY RESIDENCE.
(4)
SCHEDULED PICKUP DAY. That day of the week when garbage is ordinarily picked up, either by the city or through private contract.
(5)
LANDLORD. The owner of a residential property unit that is used for rental purposes and any management company responsible for the operation of the residential property.
(6)
TENANT. Any person occupying a residential property unit through an arrangement, either written or verbal, with the owner thereof for a specified term or on a month-to-month basis and all persons residing on those premises with the knowledge and consent of either the landlord or another tenant.
(7)
REAR OF THE BUILDING. Includes the area behind any vertical plane of the building or house that faces a public or private street, not including alleys, used primarily for vehicular traffic.
(B) Household refuse from multi-family units shall be contained in covered and secured containers. All containers for household refuse for multi-family units shall be clearly marked in a permanent manner with the address of the unit and the name of the landlord. All household refuse shall be stored at the rear of the building in a manner that it is not accessible to dogs, cats, other pets, and wild animals. Household refuse shall not be placed at the curbside for pick up earlier than 4:00 p.m. on the day prior to the scheduled pickup day. All containers for household refuse shall be returned to the rear of the building no later than 11:45 p.m. on the scheduled pickup day.
(C) Landlords of multi-family units shall provide covered containers sufficient to hold one week's worth of household refuse for each unit. Landlords shall provide covered containers of at least 50 gallon capacity for every individual apartment unit. In lieu of this requirement, landlords may provide a common dumpster at the rear of the building for the entire multi-family unit, provided such dumpster is of sufficient capacity to hold one week's worth of garbage from all of the individual apartment units that comprise the multi-family unit.
(D) Household refuse from single family units stored on the exterior of the unit between scheduled pick-up days shall be contained in covered and secured containers. All household refuse shall be stored at the rear of the building in a manner that is not accessible to dogs, cats, other pets, and wild animals. Household refuse shall not be placed at the curbside for pick up earlier than 4:00 p.m. on the day prior to the scheduled pickup day. All containers for household refuse shall be returned to the rear of the building no later than 11:45 p.m. on the scheduled pickup day.
(E) Both landlords and tenants of rental units are responsible for seeing that the provisions of this section are observed and both may be held criminally liable for violations. Landlords shall be excused from provisions of this section for household refuse generated by move-outs or court-ordered evictions if notice of the time and date of said moveout or court-ordered eviction is given to the Safety-Service Director prior to, or no later than, 4:00 p.m. of the first business day following the move-out or court-ordered eviction.
(F) Violation of the terms of this section is a minor misdemeanor. Each day is a separate violation. Persons convicted under this section shall be fined not less than $25 for each violation on which they are convicted. If a violator has been previously convicted of an offense under this section or any offense defined under the Exterior Property Maintenance Code of the city, violations of this section are misdemeanors of the third degree. A person convicted of a misdemeanor of the third degree under this seciton shall be fined not less than $100 for each violation.
(G) In the event the city has removed and disposed of any household refuse as a result of a violation of this section, the magistrate or judge, upon conviction, shall order all persons convicted to pay restitution to the city for all costs associated with the removal and disposal of the refuse subject to the conviction.
(Ord. 99-67, passed 9-21-99; Am. Ord. 99-94, passed 12-21-99)