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All residents shall use the residential contract service that has been awarded by the city. Commercial, industrial, and multi-family residential customers shall contract with a licensed private collector for industrial, commercial and multi-family residential bin collection who meets all city requirements. Residents shall not negotiate solid waste services other than those arranged by the city and shall not opt to assume the responsibility of disposal for themselves.
(A) Residential; franchise fee. The city grants to the private solid waste contractor the exclusive right and obligation to provide solid waste collection services for residential and business establishments within the city boundaries, present and future. The terms of such exclusive franchise shall be in accordance with the provisions of such sanitation contract between the private solid waste contractor and the city. No other person or entity except such contractor shall be permitted to convey or transport residential within the city. The city shall bill each residential customer a franchise fee, as established by the city, on a monthly basis.
(B) Commercial/industrial/multifamily contracts requirements. Private collectors may execute agreements for the collection of solid waste from any commercial/industrial/multi-family unit in the city.
(Ord. 2016-06-578, passed 6-7-16)
The city, through its authorized agent, will collect trash, rubbish and the garbage at all residential housing units within the complete city limits each week. The contractor shall furnish solid waste collection services in the city to all residential. The contractor shall provide the city with schedules of residential collection routes and keep such information current at all times. In the event of changes in routes or schedules that will alter the day of pickup, the contractor shall notify the city and each customer affected not less than one week prior to the change.
(Ord. 2016-06-578, passed 6-7-16)
Weekly collections are to be made under the following conditions:
(A) Containers required. Each residential or business industrial unit shall provide approved containers as defined by this chapter.
(B) Yard and other trash. When the resident finds it necessary to dispose of yard or other trash, excluding garbage and empty containers, all such trash shall be placed in disposable containers or tied in bundles not longer than four feet in length and weighing not more than 50 pounds each and shall be placed at the street curb by the residents on the pickup date.
(C) Location. All solid waste shall be placed in approved containers at a location, prior to scheduled collection, that is within five feet of the curb or the edge of the road and is readily accessible to the contractor’s personnel.
(1) Residential. Solid waste shall be placed at a single collection point within six feet of the curb.
(2) Business. Solid waste shall be kept on the premises in approved containers and placed at a single collection point in a place near the street or alley, readily accessible to the collection vehicles.
(Ord. 2016-06-578, passed 6-7-16)
(A) It shall be unlawful for the owner, occupant, tenant or lessee of any dwelling or place of business to allow solid waste to accumulate on his or her premises, or to place or cause to be placed the containers therefore in such a manner as to cause unsanitary conditions in the city. If the owner of any dwelling or place of business, after having been given 24 hours’ notice in writing by the Code Enforcement Officer, shall refuse or neglect to perform the duties in connection with his or her property as specified in this chapter, the Code Enforcement Officer is hereby authorized to enter upon the property and have the solid waste removed and the costs shall be charged against the premises. Any person cited shall be guilty of a violation of this chapter and punished as provided by § 53.99.
(B) It shall be a violation of this section for such owner, occupant, tenant or lessee to place, more than 24 hours before or to allow to remain more than 24 hours after the scheduled collection date, trash or garbage containers at the curbside pickup point except for a showing of just cause. The collection date and curbside collection point shall be established by the authorized agent, or his authorized representative, who shall give adequate notice thereof to each owner, occupant, tenant or lessee.
(C) The curbside collection point is established only for efficient and economical collection service, and it shall be the duty of each premises’ occupant to keep the containers at all times other than as allowed by this section at a location on his premises which is suitable and consistent with the standard set forth in division (A) of this section.
(Ord. 2016-06-578, passed 6-7-16)
The authorized private solid waste contractor shall not in any way be required or obligated to collect or remove from private property refuse or debris resulting from the repair, razing or construction of buildings, nor to collect or remove appliances containing freon, etc., or wood or limbs resulting from the removal of trees, nor to render any other service unless specifically provided for in this chapter. The removal of such items is the responsibility of the owner, occupant, tenant or lessee of the property.
(Ord. 2016-06-578, passed 6-7-16)
The rates to be charged for sanitation services shall be as follows:
(A) Residential rates.
Tontitown Solid Waste Service Rates - Effective July 18, 2017
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4 Bag | 8 Bag | 12 Bag | Roll of 10 Yellow Bag* | |
Tontitown Solid Waste Service Rates - Effective July 18, 2017
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4 Bag | 8 Bag | 12 Bag | Roll of 10 Yellow Bag* | |
Rate | $11.50 | $22.43 | $33.64 | $15.40 |
State Tax 6.25% | $0.72 | $1.40 | $2.10 | $0.96 |
City Tax 2.75% | $0.32 | $0.62 | $0.93 | $0.42 |
County Tax 1.25% | $0.14 | $0.28 | $0.42 | $0.19 |
Franchise Fee 4.25% | $0.49 | $0.95 | $1.43 | - |
Billing Fee | $0.60 | $0.60 | $0.60 | $0.60 |
Total | $13.77 | $26.28 | $39.12 | $17.58 |
Recycling | ||||
Rate | $2.50 | |||
State Tax | $0.16 | |||
City Tax | $0.07 | |||
County Tax | $0.03 | |||
Total | $2.76 | |||
* Available to citizens 65 or greater. (Persons on the program do not have to pay the monthly rate, just the bags used.) | ||||
Each residential account shall be allowed the equivalent of four 35-gallon plastic trash bags per week. | ||||
(B) For commercial/industrial/multi-family residential contracts, the rates assessed by any approved private collector shall be negotiated and agreed upon by and between the customer and the private collector.
(Ord. 2016-06-578, passed 6-7-16; Am. Ord. 2016-11-604, passed 11-1-16; Am. Ord. - -, passed - -17)
(A) The fact that legal title to property is in any person, business or other entity, constitutes prima facie proof that the person, business or other entity is responsible for the payment of charges provided for in this chapter. The fact that charges incurred were for services provided to a tenant, agent or other person using the title holder’s property shall not be grounds for avoidance of § 53.99.
(B) Any bill not paid in full by the due date shall be considered delinquent and a late fee of 10% of the base rate shall be added to the bill. Any delinquency not corrected within 60 days shall be considered refusal or failure to pay as provided in § 53.99.
(Ord. 2016-06-578, passed 6-7-16)
The general contractor of any construction site shall provide adequate trash containment facilities for the construction site. All such trash containment facilities must be able to hold a minimum of five cubic yards of refuse, and must contain no openings of greater than three inches. The trash containment facility must be in place no later than at the time of the first required inspection of the site by the Chief Building Official or his authorized representative. The trash containment facility shall be emptied, by a hauler licensed to do business by the Boston Mountain Solid Waste District or its successor, on a regular basis. If the city receives a complaint regarding a trash containment facility at a construction site, the Chief Building Official or his authorized representative shall notify the general contractor in writing regarding the complaint and shall request that efforts be undertaken by the general contractor to remedy the situation. If subsequent complaints are received by the city pertaining to the same construction site, the Chief Building Official or his authorized representative shall provide the general contractor with written notice that the general contractor has three working days in which to remedy the situation. If the general contractor does not remedy the situation within that time, it shall be considered a violation of this code and shall be punishable pursuant to § 10.99. In addition, the Chief Building Official or his authorized representative shall cease all inspections until the construction site complies with this section.
(Ord. 2016-06-578, passed 6-7-16)
Any person or business entity violating any provision of this chapter shall be fined in the sum of not less than $10 and not more than $500, or may be sentenced to imprisonment for not exceeding 30 days, or both. Each act of violation and each day upon which a violation occurs constitutes a separate punishable offense. Any person, business or other entity refusing or failing to pay any charge assessed pursuant to the provisions of this chapter shall be guilty of a violation and punishable as set out in this section. In addition, if it is judicially determined that any person, business or other entity has refused or failed to pay any charge assessed pursuant to the provisions of this chapter for a period of more than 60 consecutive days, the city shall terminate the city water and other services to the property for which the charge was made. The person, business or other entity with legal title to the property is responsible for the payment of charges provided for in this chapter. The fact that charges incurred were for services provided to a tenant, agent, or other person using the title holder’s property, shall not be grounds for staying the termination of city services provided for in this section.
(Ord. 2016-06-578, passed 6-7-16)