1025.01 Purpose; Rules and Regulations
1025.02 Definitions
1025.03 Solid Waste Collection
1025.04 Solid Waste Collection Fees
1025.05 Sanitation Surcharge
1025.06 Weekly Collection
1025.07 Special Collection
1025.08 Removal of Excess Waste
1025.09 Prohibitions
1025.10 Trash Picking
1025.11 Construction Waste and Debris
1025.12 Hauling and Transport Services
1025.98 Severability
1025.99 Penalties
CROSS REFERENCES
Authority to Own and Operate Public Utility - see O. Const. Art. XVIII § 4
Authority to Provide Refuse Disposal - ORC 715.43
Illicit Discharges - see S.U.&P.S. CH. 1021
Unpaid Fees, Assessments for - see ADMIN. 250.04
Utility Billing - see S.U.&P.S. CH. 1030
Utility Funds - see ADMIN. 251.04
(a) Purpose. It is hereby declared that the purpose of this Chapter is to achieve and maintain sanitary and satisfactory methods for the preparation, collection, and disposal of solid waste and recyclables within the City, and to provide for the maintenance of public and private property in a clean, orderly and sanitary condition for the peace, health and safety of the community.
(b) Rules and Regulations. The City Manager is hereby authorized to make such rules and regulations as from time to time appear to him or her to be necessary to carry out the purposes of this Chapter including, but not limited to, required types of containers, how residential waste and/or recyclables are to be prepared for collection, requirements for subscribing businesses to use the City's solid waste collection utility, and regulations for storage, collection and disposal of multi-family, commercial and industrial waste by the owner or occupant of the property where such waste is produced. Such rules and regulations shall be known as the "Sanitation Rules and Regulations," shall be made available to the public on the City's website, and shall be kept up to date.
(Ord. 89-86. Adopted 12/28/89; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
For the purposes of this Chapter, the following definitions shall apply:
(a) Apartment Building or Multi-Family Residence. A building designed for or used exclusively for residence purposes and containing more than four (4) independent dwelling units. Beginning January 1, 2026, a building designed for or used exclusively for residence purposes and containing more than three (3) independent dwelling units. The determination of multi-family may be based on the land use code assigned to the property by Greene County.
(b) Bag or Bags. Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top.
(c) Bulky Waste. Appliances, such as stoves, refrigerators, water tanks, washing machines and dryers, furniture, mattresses, large TVs, rugs and carpet, and other similar large items with weights or volumes greater than those allowed for containers. "Bulky Waste" does not include construction debris, dead animals, and/or hazardous waste.
(d) Bundle. Tree, shrub and/or brush trimmings securely tied together to form an easily handled package not exceeding four feet (4') in length and/or wooden boxes or cardboard boxes broken down and tied together, and/or newspapers or magazines tied together.
(e) City. The City of Xenia, Ohio, and those administrative officers and officials authorized to enforce the provisions of this Chapter.
(f) Collector. Any owner of a refuse collection and transportation business or vehicle (e.g., a garbage truck) that is licensed to collect and dispose of solid waste and refuse.
(g) Commercial Use. Commercial uses include the following:
(1) General commercial activity, whether public or private, that includes, but is not limited to, the sale or storage of goods and/or the provision of professional or personal services such as offices, institutional uses, public buildings, stores, theaters, markets, restaurants, and hotels.
(2) High density residential structures, such as apartment buildings, tenement houses, rooming houses, and multi-family dwellings, but not including multi-family that consists of stand-alone condominium units.
(3) All industrial uses.
(h) Commercial Waste. All waste material resulting from the operation of a commercial enterprise.
(i) Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operation.
(j) Container or Cart. A receptacle for solid waste constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vermin. The mouth of a container shall have a diameter greater than or equal to that of the base.
(k) Contractor. The person, corporation or partnership performing weekly residential solid waste collection and disposal under contract with the City.
(l) Dead Animals. Animals or portions thereof equal to or greater than ten pounds in weight that have expired from any cause, except those slaughtered or killed for human use or consumption.
(m) Disposal Site. A refuse depository including, but not limited to, sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive refuse and dead animals for processing or final disposal.
(n) Hazardous Waste. Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency (USEPA) or appropriate state agency (OEPA) by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law.
(o) Industrial Waste. All waste material resulting from the operation of an industrial enterprise, excluding garbage, kitchen rubbish and waste liquids or solids resulting from industrial processes.
(p) Residential Waste. Residential waste includes:
(1) Kitchen Rubbish - All types of food containers and wrappings, including tin cans, bottles, jars, broken glass, crockery, paper and wood boxes and small metal objects and plastic objects.
(2) Household Rubbish - All types of household materials to be discarded, such as newspapers, tires, magazines, books, wrappings, cartons, boxes, ashes, excelsior, rags, clothing, wallpaper, leather objects, sweepings and small household appliances.
(3) Yard Rubbish - Materials such as grass clippings, weeds, leaves, plants, wood shavings, sawdust, garden trash, clippings from hedges and shrubs, tree branches, roots and stumps less than two inches (2") in diameter.
(q) Person. Any individual, householder, firm, partnership, association, corporation, company or organization of any kind.
(r) Recyclable Materials or Recyclables. Materials which can be rejuvenated or reconstituted for reuse, such as: aluminum cans and articles, bimetal cans, glass containers, plastic beverage containers, paper, newspaper, cardboard and similar materials.
(s) Residential Unit. When a structure contains more than one (1) independent dwelling intended for residential use, each independent dwelling within the structure shall be deemed a residential unit.
(t) Residential Use. A structure within the corporate limits of the City containing three (3) or fewer residential units. A residential use shall be deemed occupied when water and sanitary sewer services are being supplied thereto. For condominium developments, whether consisting of stand-alone single dwellings or multi-unit dwellings, each independent dwelling unit may be billed separately.
(u) Rubbish. All other solid waste materials not otherwise defined herein including rocks, sod, dirt, earth, sand, brick, stone, wood, tree branches, roots and stumps in excess of two inches (2") in diameter, scrap, abandoned automobiles and similar materials, drums, barrels and boxes. An automobile shall be considered abandoned unless it is properly registered and unless current and valid license plates are exhibited thereon.
(Ord. 89-86. Adopted 12/28/89; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
(a) Authority of City. City Council may contract for the collection and disposal of residential waste, recyclables, and/or bulky waste for all properties being used as residential uses and for subscribing businesses within the City. All nonresidential establishments within the City that have been specifically excluded from the solid waste collection contract shall make their own contracts with a licensed individual, corporation, or company for the collection of their solid waste.
(b) Residential Uses. All properties within the City that are residential uses, as defined in this Chapter, are hereby required to use the City's solid waste collection service, whether provided directly by the City or by a Contractor pursuant to a contract with the City for such services, and shall comply with the provisions of this Chapter and the Sanitation Rules and Regulations regarding solid waste collection.
(c) Nonresidential Uses. All properties within the City that are used for multi-family, commercial, industrial, institutional, governmental, or any use other than a residential use, as defined in this Chapter, shall be provided with solid waste collection service by the owner or occupant of the property, at his or her own expense. It shall be the responsibility of the owner or occupant of such properties to arrange for the collection of all solid waste produced at the property, and the collection method shall be in accordance with the Sanitation Rules and Regulations, the rules and regulations of Greene County Public Health, and the Ohio EPA.
(Ord. 89-86. Adopted 09/23/89; Ord. 16-32. Adopted 06/23/16; Ord. 17-23. Adopted 05/11/17; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
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