[Adopted 7-5-2022 by Ord. No. 15-2022[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Collection, adopted Ord. No. 8-1997 (Secs. 13.08.010 through 13.08.140 of the 1996 Municipal
Code), as amended.
In the interpretation of this article, the following words and
phrases shall have the following meanings.
The method of collecting solid waste through the use of mechanical
collection equipment and special containers to accommodate the collection.
Solid waste that may require special handling and management,
and which by reason of its bulk, shape, or weight cannot be placed
in a container or bundled. This waste includes, but is not limited
to: Christmas trees, furniture, mattresses, and other large, bulky
items. No construction material will be collected as a bulk item.
Construction debris would include permanent fixtures of the home generated
by a contractor or commercial business enterprise.
Any waste material in the process of or subject to decomposition
or decay incident to ordinary domestic or business use or purpose
and shall include among other things kitchen refuse, animal or vegetable
matter, decaying and decomposing substances. This definition includes
the meat and vegetable waste solids resulting from the handling, preparation,
cooking and consumption of foods as well as the containers in which
such items were sold or stored.
Any wastes presenting a clear danger to health and safety
by reason of their biological, pathological, explosive, radiological,
or toxic characteristics.
All owners, tenants, occupants or persons in possession of,
or exercising control over, a dwelling unit such as a single-family
home or a multifamily dwelling of two or less units, and who utilize
or purport to utilize the City or its authorized agent for the collection
of solid waste, rubbish, trash and recyclables.
Includes rags, old clothes, leather, rubber, carpets, wood,
excelsior, sawdust, tree branches, yard trimmings, wood furniture
and other combustible solids not considered by the City to be of a
highly volatile or explosive nature, metals, metal shavings, tin cans,
glass crockery and other similar materials, but not the wastes resulting
from building construction or alteration work. It shall also include
any small accumulation of cellar or yard dirt.
A specially designed wheeled ninety-six-gallon container,
or other sizes as designated by the Department of Public Works, issued
by the City to its residents to accommodate the automated collection
operation to be used for the deposit, disposal, and collection of
solid waste. These containers are property of the City.
A.
All City issued ninety-six-gallon solid waste containers are to be
placed by residential users at the curb or within five feet of improved
roadway at one collection point. In the case of corner lots, solid
waste shall be placed at the improved roadway most accessible to the
collection vehicle. This shall include all streets, accepted or otherwise,
and shall include those streets that are temporarily closed for repairs
or construction. In the latter case, special collection points shall
be designated by the City Administrator if the condition of the street
would prevent access thereto.
B.
No garbage shall be placed at the point designated for collection at or near any street, alley, lane, road, highway or other public place earlier than 6:00 p.m. before the designated day for collection, and shall be removed from the point designated no later than 6:00 p.m. the day after the designated day for collection. Items placed at the curb prior to this time are subject to the penalties set forth in § 300-8.
C.
Containers shall be placed at the curb with the lid opening facing
the street.
D.
Containers shall be placed in a manner which provides for at least
two feet of clear space around each side of the container.
E.
Containers shall be placed in a manner which avoids interference
from overhead obstructions.
F.
Containers shall be maintained in a neat and sanitary condition.
G.
The Director of Public Works has the right to designate collection
points located on dead-end and one-way streets, which provide the
most efficient and safe route to accommodate automated solid waste
and recyclables collection.
H.
No collection of solid waste will be provided to dwellings under
construction, dwellings being remodeled, vacant or unoccupied dwellings,
vacant lots or vacant lands or those properties/residences without
a valid temporary certificate of occupancy or certificate of occupancy.
A.
Upon receipt of a container described in this chapter, all solid
waste is to be placed into City-issued, ninety-six-gallon containers.
City-issued solid waste containers are the property of the City. The
City will provide each Residential User with a single ninety-six-gallon
container. Each residential dwelling with more than two units will
be provided with a single additional ninety-six-gallon container per
two additional units (i.e., residential dwellings with three to four
units will receive two containers).
B.
Additional containers can be obtained for a fee, only after a clear
demonstration of need is established by the Department of Public Works
in accordance with City policy, adopted by resolution the Common Council,
as same may be amended from time to time. The request must be made
in writing to the Clerk of Burlington City and state clearly the reason(s)
needed for the additional container. A follow up investigation, including
at least three random inspections, will be conducted by the Department
of Public Works. The fee to obtain an additional container is $200
and all such containers shall remain the property of Burlington City.
C.
Contents placed into the container should not exceed the maximum
rating of 125 pounds. It is the responsibility of the resident to
maintain the container in a clean, sanitary, and overall safe manner.
Additionally, it is the resident's sole responsibility to alert
the City of damage to the container that prohibits the ability for
it to be effectively utilized for disposal and collection, and theft
of a container.
D.
Upon an event of theft, a police report shall be filed, and Public
Works shall be provided with a copy of the report. Upon submission
of the police report, the property will be issued another container
at no charge.
The Mayor or designee shall have the authority to establish,
alter, or amend the schedule for the collection of residential solid
waste.
A.
The following materials shall not be collected as part of the City's
solid waste program. This list is not exhaustive. Prohibited materials
include, but are not limited to: asbestos, asbestos containing waste
materials, asphalt roofing products containing more than 1% asbestos,
resilient floor coverings, demolition materials, excavation materials;
commercial, industrial, hazardous and medical waste generated from
commercial facilities or medical offices. Also included are construction
materials generated by private contractors, yard wastes which are
not generated at the property of the residential user and on premises
yard waste generated by a lawn service, landscaper, or tree service
contractor.
(1)
Private contractors shall remove the debris materials from the site
and shall dispose of the debris properly at their own cost. This debris
is not to be placed for normal residential collection.
(2)
All chemical and corrosive wastes and other hazardous materials as
defined within are prohibited to be placed for residential pick up.
(3)
Furniture, carpets, bedding and similar household items resulting
from any house clean-out (including, but not limited to, any sale,
eviction, or move-in/move-out) will not be collected. Disposal of
such items shall be the responsibility of the owner (at time of disposal)
of the property and/or real estate agent.
(4)
Leaves, grass clippings, tree stumps, tires, auto parts, newspapers,
glass, aluminum, electronic waste, and corrugated cardboard will not
be collected.
A.
All rubbish, except for mattresses, shall be securely tied, where
applicable, and shall be of such size that the longest dimension thereof,
shall not exceed three feet and the total weight thereof shall not
exceed 60 pounds. Material shall be free of protruding nails, screws,
staples or other dangerous conditions.
B.
Mattresses left for bulk collection must be covered in a disposable
mattress bag before being placed at the curb and must be left for
collection in a manner which does not obstruct any public right of
ways.
C.
Bulk items, as defined above, that do not fit into the ninety-six-gallon
trash container will be collected twice per month, on alternate weeks.
A maximum of two items per household will be collected, unless otherwise
set forth by the Director of the Department of Public Works.
The following municipal officials of the City of Burlington
shall have the authority to enforce the provisions of this article:
the Superintendent of Public Works and/or his/her designee, the Code
Enforcement Officer, and the Zoning Official. Moreover, any Burlington
City resident who observes a violation under this chapter may file
a complaint by notifying the Department of Public Works during normal
business hours.
A.
Any person who shall violate any provision of this article shall,
upon conviction, be punished by a fine not to exceed $500 or by imprisonment
for not more than 60 days, or both, in the discretion of the Municipal
Judge. A separate offense shall be deemed committed each day during
or on which a violation occurred or continues to occur.
