ARTICLE I. IN GENERAL
ABANDONED PROPERTY. Personal property of an occupant that has been:
(1) Left behind by an occupant who has surrendered or abandoned possession of real property for any reason, including in response to eviction proceedings commenced by an owner, governmental agency, or other party entitled to possession;
(2) Disposed of by an owner, governmental agency, or other party entitled to possession after an occupant has surrendered or abandoned possession of real property in response to eviction proceedings brought by such party; or
(3) Disposed of by a court officer under an order of eviction restoring or granting possession to an owner, governmental agency, or other party entitled to possession.
CITY MANAGER. The City Manager or an authorized designate.
COMMERCIAL ESTABLISHMENT. All apartment buildings, office buildings, personal service establishments, technical and scientific research facilities, professional service offices, clinics, places of worship, schools, industrial, and other similar commercial establishments.
COMMERCIAL REFUSE. The rejected, unwanted, discarded or abandoned material generated by commercial establishments.
CONSTRUCTION REFUSE. All unwanted, rejected, discarded or abandoned materials resulting from the alteration, repair, demolition or construction of buildings or structures.
COURT OFFICER. A bailiff, sheriff, deputy sheriff, court officer, or other person authorized by a court of competent jurisdiction to restore or grant possession of real property to an owner, governmental agency, or other party following eviction proceedings.
CURBSIDE COLLECTION. A method of waste collection by which the owners or occupants of a property place refuse, recycling, and/or yard waste at curbside at a time designated by the city for collection and removal thereof.
EVICTION PROCEEDINGS. Legal action taken or commenced by an owner or other person entitled to possession to obtain or recover possession of real property, including summary proceedings to recover possession of premises, land contract forfeiture actions, land contract and mortgage foreclosures, quiet title actions, partition actions, and any written communications or notices given by an owner demanding possession of real property prior to or in connection with any such legal actions.
GARBAGE. Waste resulting from the handling, preparation, cooking or spoiling of food. The term shall not include discarded food from food processing plants, large quantities of condemned food products or large quantities of wind-fallen fruit subject to rapid decomposition.
HAZARDOUS WASTE. Any substance defined as a "hazardous substance" or "hazardous waste" under any federal or state law or regulation.
MECHANICAL CONTAINER. Any dumpster or other metal container with a capacity of two cubic yards or greater used to store refuse that is capable of being emptied by mechanical means, including metal containers used by an owner or court officer to contain abandoned property for later disposal.
OCCUPANT. An individual or entity residing in or having possession of real property, including an owner in possession, mortgagor, land contract purchaser, tenant, sub-tenant, or trespasser, or an assignee of any of them. OCCUPANT is broadly defined to include an owner in possession, mortgagor, land contract purchaser, tenant, sub-tenant, trespasser or an assignee of any of them.
ORDER OF EVICTION. An order of eviction or other order issued by a court of competent jurisdiction restoring or granting possession of real property to an owner, governmental agency or other person entitled to possession of real property.
OWNER. An individual or entity that owns or is entitled to control of real property, including a legal title holder, land contract seller, landlord, trustee, secured party entitled to possession of real property, receiver, or property manager, or an agent acting on behalf of any of them.
PERSONAL PROPERTY. Furniture, goods, belongings, equipment, and fixtures of an occupant that are on vacant real property or the premises of a residence or other building or structure located upon real property.
REAL PROPERTY. Land, and buildings, structures, and other occupiable improvements such as residences, condominiums, duplexes, apartment buildings, multiple family dwellings, commercial and industrial buildings, shopping centers, commercial or industrial parks, or any part of any of them that is used, occupied, or offered for sale, rent, or occupancy by an owner or occupant.
RECYCLING. Waste materials that are capable of being reprocessed into new products, materials, or substances.
REFUSE. All solid waste, including abandoned property, garbage, rubbish and yard waste but excluding lawn debris.
RUBBISH. Wastepaper, household plastic, empty tin cans and glass containers if cleaned of contents, wood or wood products of under three inch diameter and three feet in length, paper products, books, magazines, glass, crockery, stone, concrete and similar materials.
SECURED PARTY. An individual or entity which has a mortgage, lien, or other security interest in or relating to real property, including a mortgagee, land contract vendor, lien holder, governmental agency, or other party which has a security interest in real property under federal, state, or local law.
SPECIAL COLLECTION. Any collection of waste at a time other than the regularly scheduled once per week collection or of a volume or quantity of waste exceeding the limitations of this article whether requested by an owner or occupant or done by the city to eliminate a violation of the City Code.
WASTE. Refuse or yard waste.
YARD WASTE. Residential grass clippings, leaves, weeds, twigs, prunings, shrub clippings, garden waste, old potting soil and dirt incidental to minor yard work, and bundled tree or shrub branches less than six inches in diameter or less than four feet in length. Twigs, prunings and shrub clippings shall not exceed pencil-thin.
YARD WASTE COLLECTION SEASON. A period each year scheduled by the City Manager during which a separate yard waste collection service is provided throughout the city.
(1978 Code, § 15-1; Ord. No. 115-C, § 1, 1-20-87; Ord. No. 115D, § 1, 4-7-92; Ord. No. 115-E, § 1, 1-7-97; Ord. No. 392, §§ 1 - 2, 12-18-07; Ord. No. 494, § 1, 4-2-24)
(A) Beginning on May 1, 2024, refuse generated by the following shall only be bagged and placed for curbside collection in a pre-assembled 95 gallon cart provided by the city's waste contractor:
(1) Single-family homes;
(2) Duplexes;
(3) Residential condominium complexes; and
(4) Townhouses.
(B) Beginning on May 1, 2024, recycling generated by the following shall only be placed for curbside collection in a pre-assembled 65 gallon cart provided by the city's waste contractor:
(1) Single-family homes;
(2) Duplexes;
(3) Residential condominium complexes; and
(4) Townhouses.
(C) Beginning on May 1, 2024, yard waste generated by the following housing entities, except for bundled, tied, or secured tree branches or brush that are less than 6 inches in diameter or shorter than four feet in length, shall only be placed for curbside collection in either a 39 gallon capacity paper yard waste bag or a 95 gallon cart to be purchased by the resident from the city's waste contractor:
(1) Single-family homes;
(2) Duplexes;
(3) Residential condominium complexes; and
(4) Townhouses.
(D) Exception for residential condominium complexes. Residential condominium complexes that did not receive curbside collection of refuse, recycling, or yard waste prior to May 1, 2024 shall be exempt from the receptacle requirements in § 23-2(A)-(C), and shall place refuse within a mechanical container provided by the city's waste contractor of the type designed to be handled mechanically by refuse collection trucks for collection, or if deemed acceptable by the city, within pre-assembled 95 gallon carts purchased from the city's waste contractor for collection in the complex's common areas. However, in the event a residential condominium complex offers curbside collection subsequently to the effective date of this section, such complex shall comply with the receptacle requirements provided in § 23-2(A)-(C) and shall purchase all required receptacles from the city's waste contractor.
(E) Commercial establishment refuse collection. The owner, occupant or user of a commercial establishment shall provide a mechanical container or containers of the type designed to be handled mechanically by refuse collection trucks and the owner, occupant or user is responsible to arrange for private collection and disposal.
(1978 Code, § 15-2; Ord. No. 115-C, § 1, 1-20-87; Ord. No. 115-D, §§ 2, 3, 4, 5, 4-7-92; Ord. No. 115-E, § 2, 1-7-97; Ord. No. 494, § 2, 4-2-24)
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