§ 54.11 SUFFICIENT CAPACITY FOR DUMPSTERS AND SERVICES; FEES.
   (A)   The contractor shall make reasonable efforts to ensure that each dumpster used in the City of Winner is of sufficient capacity to hold the amount of garbage normally disposed of from each location. If a certain location is found to have insufficient capacity, the contractor is authorized to locate additional capacity at that location, whether it be through a larger dumpster or additional dumpsters, or a combination thereof; and to collect its normal fees for rental of such dumpsters. If the contractor and the property owner agree, the need for additional capacity may also be alleviated by picking up the garbage on a more frequent basis than has been previously occurring.
   (B)   Sufficient capacity for a commercial business location shall be determined by an ongoing process of observation whether the dumpster(s) are regularly or frequently found to be over-full, in which case additional capacity will be required. However, a dumpster being over-full on an infrequent occasion shall not require additional capacity, although it may necessitate an additional garbage collection and the fees associated with it under § 54.10.
   (C)   Sufficient capacity for a multi-family residential facility, whether it be an apartment building or trailer court or otherwise, when the property owner has selected a dumpster or dumpsters to be provided for garbage collection, shall be a single dumpster or multiple dumpsters that cumulatively provide at least two cubic yards of capacity for every four residences.
   (D)   The property owner has an ongoing obligation to provide a suitable surface for each dumpster, and a sufficient concrete or gravel surface for garbage trucks to approach and dump each dumpster. For purposes of this section, the surface is sufficient if the garbage truck can approach and pick up the dumpster, empty it and drive away, without sinking into the surface. If a gravel surface is utilized it shall consist of a minimum of six-inch compacted gravel, or if concrete is utilized it shall be reinforced concrete at least six inches thick. When the contractor determines that the surface is insufficient under these standards, they shall notify the property owner of the situation, and the property owner shall have an obligation to comply with these standards in a timely manner. Until the property owner complies with these standards, the contractor shall continue to pick up the garbage at that location when it is feasible to do so when considering the weather and surface conditions, but shall not be obligated to pick up the garbage at that location when such conditions do not exist. If garbage accumulates to the point that property violations occur because of the property owner's failure to provide a suitable surface, those violations may be enforced against the property owner.
(Ord. 1001, passed 6-7-2021)