[Adopted 2-28-1984 by Ord. No. 895 as
Ch. 236 of the 1984 Code; amended in its entirety 7-27-1999 by Ord. No.
1125]
As used in this article, the following terms
shall have the meanings indicated:
Any business or commercial establishment or business or multiple
dwelling unit which does not receive residential refuse collection.
Rigid metal or synthetic material receptacles of substantial
construction, inclusive of dumpster-type receptacles, in which all
refuse from a commercial unit is stored until collection. All containers
must have lids or covers.
Putrescible animal, fish, fowl, fruit and vegetable wastes
resulting from the handling, preparation, cooking, storage and consumption
of food.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, street cleanings and commercial and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible waste material resulting from housekeeping, business
enterprises and institutions, and includes, among other items, paper,
cardboard, packing boxes, cartons, excelsior, tin cans, bottles, glassware,
earthenware, rubber, rags, wood, leather, grass, leaves, furniture,
household appliances and other similar material.
Owners, occupants or users of a commercial unit
within the city shall provide a refuse container/containers in which
all refuse emanating from such property can be stored until collected.
Such containers shall be of substantial construction with covers and
handles or other devices to facilitate loading into a refuse truck
and shall comply with all federal and state regulations governing
such containers or shall be of a type approved by the Director of
Public Works. Such containers shall be covered at all times.
It shall be the duty of every owner, occupant
or user of a commercial unit to maintain the collection area as well
as the container/containers in a clean, neat and sanitary condition
at all times. Nonconforming containers as well as unsanitary and unsightly
collection areas must be brought into compliance upon being served
proper notice by the Department of Public Works. Being served proper
notice is the posting of the notice in a conspicuous place or delivery
of same to the commercial unit's personnel. Up to an eighteen-hour
waiting period shall be allowed before Department of Public Works
intervention. Emergency situations may warrant a reduction or elimination
of the waiting period.
Commercial refuse containers shall be maintained
on the commercial or business premises at a location where the container
shall not interfere with the healthful enjoyment of adjoining property
or access to the premises for fire protection purposes.
A.
Every owner, occupant or user of a commercial unit
shall personally collect, convey and dispose of such refuse or shall
make arrangements with a private refuse collecting company to have
such refuse hauled away at the owner's, occupant's or user's expense.
Refuse accumulated by commercial establishments shall be collected
at least once each week. Where necessary to protect the public health,
the Director of the Department of Public Works shall have the authority
to require that more frequent collections be made.
B.
Owners, occupants or users of a commercial unit may also arrange for weekly collection of refuse by requesting same from the Department of Public Works. To qualify and be included in the residential refuse collection, the items must be placed out for collection in the right-of-way in proximity of requesting commercial unit as well as meet the conditions and requirements of the preceding article (Solid Waste, Chapter 285, Article I, Residential Refuse Collection) pertaining to acceptable waste, unacceptable waste, rules and regulations and containers.
A.
All commercial refuse shall be collected by a private
refuse collecting company only between the hours of 6:00 a.m. and
8:00 p.m.
B.
Commercial refuse placed in the right-of-way to be
collected with the city's residential refuse collection must be placed
out by 7:00 a.m. of the scheduled day of collection, but not before
11:00 p.m. of the day preceding this collection.
Should the owner, occupant or user of a commercial
unit fail to comply with the preceding sections of this article, the
Department of Public Works may enter upon such premises and remove
any and all refuse which has accumulated on such property. Any costs
incurred by the Department of Public Works shall be a lien upon the
premises and shall be assessed against the premises, and if not paid
within 30 days after notice has been given to the owner, occupant
or user of the commercial unit that such costs have been incurred
by the city, such costs, together with interest, shall be added on
the next city tax statement.
The Director of Public Works shall have the
authority to make regulations concerning the type and location of
waste containers and such other matters pertaining to the collection,
conveyance and disposal of all refuse accumulated from commercial
units in the city as he or she shall find necessary and to change
and modify the same after notice as required by law, provided that
such regulations are not contrary to the provisions hereof. Any person
aggrieved by the regulation made by or fee charged by the Director
shall have the right to appeal to the City Manager, who shall have
the authority to confirm, modify or revoke any such regulation or
fee.
