§ 50.25  COLLECTION.
   (A)   Except as otherwise provided in this chapter and except in the case of conditions over which the Department of Public Services has no control, the Department shall collect, remove and dispose of certain refuse in residential sections at least once per week.
   (B)   Industrial waste shall be collected, removed and disposed of by the operator of the factory, plant or enterprise creating or causing the same.
   (C)   Building rubbish shall be collected, removed and disposed of by the contractor or builder or by the owner of the property.
   (D)   Each business building shall use a front-loading receptacle provided by the city, except when, upon approval by the City Council, the Director of Public Services may authorize a business to provide its own receptacle or use a city-provided roll-out cart.
   (E)   Where it is feasible for more than one establishment to use the same container, monthly billing will be apportioned among the several users. In downtown business district, all retail businesses shall pay a flat rate for their share of dump box. All offices, barber shops and beauty shops shall pay a flat rate. Rate charges will be determined by the City Council and placed into effect July 1 of each year. This will not be adjusted according to the number using a box.
   (F)   It shall be the responsibility of the Director of Public Services to schedule the various areas of the city for collection of refuse on specific days of the week and to notify the people of the city of such collection days. In the event of a holiday or in circumstances beyond the control of the Department of Public Services, the Director of Public Services shall reschedule all collections in the best interest of the city.
   (G)   Rubbish will be collected at the curbline on a schedule developed by the Director of Public Services.
   (H)   All apartment complexes and mobile home parks having in excess of 12 units shall provide a front-loading container of the size directed by the Director of Public Services. Apartment complexes and mobile home parks shall provide concrete pads that are poured to support the front loading truck and containers in a location where the truck can get off the street to dump. The Director of Public Services can review specifications and locations of concrete pads to ensure that they will accommodate the city's front loading trucks.
      (1)   The owners of apartment complexes and mobile home parks designed for and occupied by senior citizens or other citizens needing assistance for physical impairments, may request a waiver from the front loader container requirement and be provided a roll out cart per unit. The request should be addressed to the Director of Public Services and state any special conditions or hardship which may be relevant. Appeal of the decision of the Public Services Director may be made to the City Council and addressed to the City Manager. The decision of the City Council shall be deemed conclusive, however the owners may make a new request upon a substantial change in circumstances or conditions. The owner of the apartment for which a waiver is granted will be charged a fee per roll out cart. The fee may be changed as necessary in the city's annual budget that begins on July 1 of each year. (A customer having both commercial garbage collection and water/wastewater services provided by the city will be billed jointly on a monthly bill. Failure to pay in full the bill for any services billed on this account will result in all services (trash, water, wastewater) being discontinued for this location.)
      (2)   Hardship for apartment and mobile home parks.
         (a)   Proposed apartments, more than 12 units or mobile home parks, more than 12 units (complex), may request a waiver based upon division (H)(2)(b)1. below. Division (H)(2)(b)2. shall not apply to new construction or additions to existing complexes. Proposed apartments, more than 12 units or mobile home parks, more than 12 units, shall designate an area for a future dumpster location on the approved site plan, should the complex no longer meet the requirements of division (H)(2)(b)1. The apartments or mobile home parks shall obtain the waiver prior to obtaining a building permit.
         (b)   In order for an existing apartment complex, more than 12 units or existing mobile home park, more than 12 units (complex), to be eligible for roll out carts in-lieu of dumpsters, a waiver from the Public Services Director shall be required. The Public Services Director will base the waiver on meeting the following conditions:
            1.   The complex shall be designed to serve people that, because of age or other physical impairment have a restricted or limited mobility;
            2.   The majority of the residents residing in the complex have limited mobility due to age or other physical impairment; or
         (c)   Due to physical constraints beyond the control of the owner, a dumpster pad cannot be sited and constructed within the complex and the complex was constructed prior to July 2015, or the dumpster truck is unable to service the boxes and the residential garbage route that serves the complex has capacity.
         (d)   Complexes requesting a hardship waiver shall send a letter to the Public Services Director stating how the complex meets one of the above conditions. If the request for a waiver is denied, the owner of the complex may appeal the decision as outlined in this division.
         (e)   Complexes that receive a waiver shall pay a monthly fee per cart as set in the city annual budget. The fee shall be billed to the owners or management of the complex.
(`90 Code, § 9-13)  (Ord. passed 6-11-74; Am. Ord. passed 4-14-15)