(A) All multiple family dwellings subject to this article shall establish a recycling program by contracting with a state licensed waste hauler to provide on-site single-stream recycling collection services of paper, corrugated cardboard, plastics, metals, aluminum, and other recyclables to all tenants/residents.
(B) Recycling program requirements.
(1) Service responsibility. All multiple family dwellings subject to this article shall provide an on-site recycling program that provides adequate recycling services to the tenants/residents, as determined by the Department of Public Works. The multiple family dwelling property owner shall not be responsible for tenants/residents' actual use of the recycling system, so long as the system itself has been properly established and maintained. The multiple family dwelling recycling program shall be maintained regardless of any change of building ownership or franchisee.
(2) Service agreement. The multiple family dwelling property owner shall contract with a state licensed waste collection hauler to offer and provide collection of single-stream collection of paper, corrugated cardboard, plastics, metals, aluminum, and other recyclables placed in containers.
(C) Submittal process.
(1) A multiple family dwelling that has not yet received final site plan approval as of July 1, 2024, shall provide the recycling program to the Department of Public Works, and obtain approval of the recycling program, prior to receiving final site plan approval.
(2) Existing multiple family dwellings containing 50 or more units shall provide the recycling program to the Department of Public Works, and receive approval of the recycling program, on or before July 1, 2025.
(3) Existing multiple family dwellings containing 25 to 49 units shall provide the recycling program to the Department of Public Works, and receive approval of the recycling program, on or before January 1, 2026.
(4) Existing multiple family dwellings containing 1 to 24 units shall provide the recycling program to the Department of Public Works, and receive approval of the recycling program on or before July 1, 2026.
(D) Review standards.
(1) Containers and location.
(a) For purposes of this article, CONTAINERS shall include compactors, mechanical recycling dumpsters, roll-off carts, and other containers deemed acceptable by the Department of Public Works in compliance with the approved recycling program.
(b) Containers shall be clearly labeled as recycling containers including an indication of the material to be placed in the container and the word "recycling" or "recyclable" or the "chasing arrows" recycling symbol.
(c) The types of containers used for collection of recyclables shall be established between the multiple family dwelling property owner or owner's representative and the waste hauling contractor, and in compliance with the city's code of ordinances and the approved recycling program.
(d) The multiple family dwelling property owner will provide any recycling containers needed to establish the recycling program.
(e) The recycling containers at a multiple family dwelling property shall be placed in a location or locations at least as convenient to tenants/residents as the refuse containers, including trash chutes, insofar as is practical.
(f) The recycling containers at a multiple family dwelling property shall be located on the site so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, site traffic circulations patterns, or any public right-of-way.
(g) Indoor common-area collection/storage areas shall be established in accordance with appropriate city, fire, and/or life safety codes and pursuant to the approved recycling program.
(h) Exterior mechanical recycling dumpsters shall be established in accordance with city requirements for approved mechanical containers in § 23-10(A)(1), (3), (4), and (5) and pursuant to the approved recycling program.
(i) Exterior mechanical recycling dumpsters and compactors shall be established and screened in accordance with § 24.05(F) of the zoning ordinance.
(j) Exterior roll-off cart banks that remain outside at all times must be located on a ten foot by ten foot by six foot concrete pad and enclosed with a six foot high chain link fence. All roll-off carts within the cart bank shall be stored in accordance with appropriate city, fire, and/or life safety codes and pursuant to the approved recycling program.
(k) Roll-off carts not included in an exterior roll-off cart bank that are set out for pickup shall be stored in accordance with appropriate city, fire, and/or life safety codes and pursuant to the approved recycling program.
(l) The multiple family dwelling property owner shall maintain all recycling areas, including containers, in a clean, sanitary, and litter-free manner.
(2) The Department of Public Works shall review the recycling program to determine the adequacy and location of the proposed containers, number of pickups, and types of containers based on the use and layout of the property. If the Department of Public Works determines that the recycling program provides sufficient recycling services to the tenants/residents, then the recycling program shall be approved by the Department of Public Works.
(3) In the event that a multiple family dwelling subject to this article alleges a hardship in complying with the requirements herein, or otherwise disagrees with the Department of Public Works' determination regarding the sufficiency of a proposed recycling program, the property owner shall file an appeal with the Zoning Board of Appeals. The Zoning Board of Appeals shall not grant relief from the requirements of this article unless the property owner can show that compliance with this article imposes an undue hardship as provided in Article 30, § 30.02(C)(6)(b) of the city's zoning ordinance.
(E) Promotion and education.
(1) A multiple family dwelling property owner and/or the managing agent of said property, if applicable, is responsible for notifying and educating tenants/residents of the property on recycling issues and practices through an informal and on-going education campaign.
(2) Every new tenant/resident of a multiple family dwelling property shall be provided, within 30 days of occupancy, general recycling information and current program recycling guidelines, as approved by the Department of Public Works. All existing tenants/residents of multiple family dwelling properties subject to this article shall be provided at least annually with general recycling information and current program recycling guidelines by the property owner and/or the managing agent of the property.
(F) Violations.
(1) Unless otherwise specified, any violation of the provisions of this article shall result in the issuance of a municipal civil infraction as provided in § 1-9(C). Any and all entities, owners, managers, and operators may be issued a citation if deemed to be jointly responsible for the same violation.
(2) Ongoing violations of this article may also subject the licensee and/or property owner to the remedial and enforcement provisions set forth in § 11-141 of the City Code.
(Ord. No. 497, § 2, 7-2-24)