373.01 ACCUMULATION OF WASTE OR ILLEGALLY STORED ITEMS ON THE INTERIOR OR EXTERIOR OF PREMISES.
(a) In order to prevent hazards to the health of occupants or the public, including but not limited to the prevention of:
(1) Injury,
(2) Infectious, communicable or other disease,
(3) The presence, nesting or increase of vermin or insects, or
(4) Other hazards to health.
No owner, agent, lessee, occupant, or person in charge or control of any premises may cause or allow the deposit, accumulation or presence on the interior or exterior of such premises of any of the following, unless such material is properly stored or disposed in the manner required by law or unless the accumulation or presence of the material is incidental and does not pose a threat to public health: waste, including but not limited to solid waste, garbage, animal waste, ashes, rubbish, glass, tin cans or other nonburnables, or yard waste such as leaves, brush or lawn clippings, or the presence of discarded household items. In addition, no interior or exterior areas of any premises may be used for the storage of any man-made items or products unless such storage is specifically permitted by ordinance for that premises.
(b) The owner, tenant, agent, occupant, or person in control of any premises shall provide an adequate number of suitable containers or plastic bags for the storage and disposal of waste or rubbish, which shall be placed out-of-doors in the appropriate location on the premises on collection days, and which shall be of such capacity and size as may be directed by the Director of Public Works, for the temporary storage and removal by the City of those materials that the City regularly collects, or the removal by any private waste collector hired to remove such material. All garbage shall be stored in rigid, dog- and vermin-proof containers. Such containers shall be covered with close-fitting covers and maintained in good repair and in a safe condition. Plastic bags for the storage and disposal of waste or rubbish shall be securely tied, and shall not be put out-of-doors sooner than 24 hours prior to the day of collection. The Director of Public Works is authorized to seize and destroy any container kept in violation of this section, provided that, prior to such seizure or destruction, the owner is notified of the violation and is given a reasonable time in which to repair or replace the defective container. It shall be presumed for the purposes of this subsection that the occupant of a premises is the owner of a defective container, and that notice may be given by leaving a written notice at the property if there is a structure on the premises, or by mailing the notice to the owner of the premises if the premises has no structure.
(c) The Director of Public Works shall promulgate rules and regulations governing the times of regular waste material collections, the methods of preparing such waste materials for collection, and the procedure for special collections. A fee based on costs shall be charged for special collections as established by ordinance of Council.
(d) Chutes between floors and used for the transfer of rubbish or garbage from upper floors of a building to a rubbish disposal location shall be lined with a nonporous material, free of cracks, crevices and projections. Such chutes must be equipped with a method of flushing and drainage to prevent vermin and/or rodent infestation and must comply with standard N.F.P.A. No. 13-1989, Volume 1, Section 4-4.9, and No. 82-1983, Volume 7, Chapters 3, 5 and 6 of the National Fire Code.
(e) The owner, tenant, agent, occupant, or person in control of any store, restaurant or other commercial establishment where ashes, garbage or rubbish are produced or accumulated shall provide an adequate number of receptacles for the storage of such materials. Such receptacles shall be made of metal, be watertight, be provided with close-fitting covers, be equipped with handles, and be of such maximum capacity as may be determined by the Director of Public Works. (Ord. 05-70. Enacted 5-23-05.)