(A) (1) The city will operate, maintain, and provide a method for the collection and removal of garbage with its own facilities whereby refuse, prepared garbage, and trash will be collected five days of each week, over varying routes, Monday through Friday, from and after the effective date of this section and any person, firm, corporation, business, private group, or individual shall pay for said services as follows:
(a) Private residence. $12.36 per month;
(b) All retail and/or wholesale business establishments: weekly pickup. $19.57 per month (minimum).
(c) Apartment houses, trailer courts, and commercial rental property (more than two units). $12.36 per month per unit.
(2) The City Council shall promulgate and enforce any and all reasonable rules and regulations deemed necessary or proper from time to time to carry out the objects and purposes of this section and for the health and welfare of the citizens of the city.
(3) It shall be the duty of the City Code Enforcement Officer to enforce the provisions of this section against violations or infractions thereof.
(4) (a) It shall be the duty of the citizens or property owners to deposit all garbage to be picked up at the designated location adjacent to his or her premises, enclosed in a metal or durable plastic garbage can or other suitable container that does not expose the contents to view.
(b) The trash can to be used shall have a capacity of not more than 32 gallons, and shall be equipped with at least two carrying handles, a tight-fitting cover, or as shall otherwise be prescribed by the City Council.
(c) Garbage cans shall be made of metal or other substantial material, leak-proof and water-tight; shall have a capacity of approximately 32 gallons, and shall be equipped with an adequate carrying bail and tight-fitting cover.
(5) The city shall have the right to deny refuse collection, removal, or disposal service to any person whose refuse requirements are sufficiently abnormal or different in the determination of the City Council or Health Officer of the city as to justify special handling in which case a special charge shall be made. This shall include those buildings or dwellings not readily accessible to refuse collectors, or in cases where refuse is not found in standard containers or all such users as require service more frequently than that regularly scheduled.
(6) Any user deemed to require facilities and service for garbage and trash removal grossly in excess of the weight and space capacity of city facilities, shall, in such instance, be subject to a reasonable charge for the removal of the excess thereof. In such event, and upon application, a majority of the City Council may cause to be issued a permit which will entitle such user to, in accordance with an approved schedule, provided for the trash and garbage to be removed by other facilities and deposited in the area provided for such disposal by the city, but such removal shall not commence, nor shall it continue except within a definite term to be provided in such permit. All separate contracts or agreements for the removal of trash and garbage by facilities other than by the property owner or not owned by the city shall be authorized only after a permit providing for the regulation of such removal has been approved and issued by a majority vote of the City Council at a regular meeting.
(7) The Water, Sewer, and Sanitation Department shall be charged with the duty of mailing a statement on or before the first day of each month to each person charged with refuse collection, removal, or disposal during the preceding month, but failure to mail any statement for monthly charges shall not be grounds for avoiding payment. If the fee, rate, or charge for any monthly service charge is not paid within 15 days after the same is due, the amount thereof shall then be delinquent and may be recovered by the city in any appropriate action. Upon the failure of any person receiving such service to pay for the same when due, the city may discontinue such service without notice.
(8) The gross revenue derived from the charges prescribed by this section shall be deposited to the credit of the garbage disposal system and shall be used first for the payment of all expenses reasonably incurred in the operation of the garbage disposal unit of the city and for the purchase of all real and personal property required for the effective operation of the garbage disposal system of the city as well as salaries for the employees of this Department and all other reasonable and necessary expense pertaining thereto.
(9) The City Council shall have the right and recognizes its obligation to revise the schedule of rates provided in this division (A) and to so adjust the said rate in a manner that costs will be distributed as equitably as possible among all citizens of the city on the basis of circumstances, services, and requirements. At no time, however, shall rates be continued which are disclosed to be producing less revenue than is required to meet all obligations and costs involved in rendering refuse service to the public and for the provisions of all facilities, real and personal, needed to operate and maintain this system.
(10) The owners of real property in the city are responsible for the payment of sanitation bills rendered by the city for services of water, sewer, and sanitation in the hauling of trash and garbage from the premises.
(11) (a) It shall be unlawful for any person to cause or to permit the accumulation of refuse in, about, or upon premises owned, occupied, or used by them, when and if such accumulations shall be unsightly, unsanitary, or hazardous to the property, life, health, safety, or welfare of the public.
(b) It shall be unlawful to deliver refuse to or upon private property or to maintain a dump ground, either public or private, for the deposit of garbage of any kind.
(c) It shall be unlawful for any person to dispose of trash within the corporate limits of the city of elsewhere, except at the landfill site maintained by the city.
(d) It shall be unlawful for any person to throw, place, or scatter any garbage, rubbish, trash, or other refuse over or upon any premises, street, or alley, either public or private, or adjacent thereto and either with or without the intent to later remove or burn, or to suffer or permit from the accumulation of refuse, any premises owned, occupied, or controlled by any such person to become or remain offensive, unsanitary, unsightly, unsafe to public health, or hazardous from fire.
(e) It shall be unlawful for any person to store or permit the accumulation of refuse on or about his or her premises, or the premises occupied by them, unless such refuse is kept separately in standard trash and garbage containers as defined in this division (A).
(f) It shall be unlawful for any municipal employee to collect or remove, at city expense, any refuse from the premises of any person or tenant thereof, unless such premises are equipped with standard containers referred to in this division (A) and unless such refuse is kept stored in such containers.
(12) This division (A) shall be effective immediately upon final passage, approval and publication.
(B) (1) Effective April 9, 2002, the City’s Sanitation Department employees will only pick up household garbage in containers that do not exceed a maximum capacity of 32 gallons, except the Zarn 90-gallon containers that are equipped for emptying into the garbage truck/compactor by the hydraulic lift system installed on the city’s truck/compactor. Plastic bags of 30 gallons or less placed inside a container will also be picked up.
(2) It is the duty and responsibility of all customers of the City’s Sanitation Department to properly deposit all garbage at locations at the premises for effective and efficient collection.
(Ord. 459, passed 4-8-1968; Ord. 691-02, passed 4-9-2002) Penalty, see § 52.99