[HISTORY: Adopted by the Village Board of
the Village of Superior as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-10-1989]
A.
The purpose of this article is to help ensure that
efficient, nuisance-free and environmentally acceptable solid waste
management procedures are practiced in Douglas County.
B.
It is the purpose of the Village of Superior, in the
exercise of its police powers, to regulate and provide for the removal
of and disposal of garbage and refuse generated in the Village of
Superior in order that the health, safety and welfare of all persons
in the Village of Superior may be protected.
As used in this legislation:
The meaning specified in § 281.01(4), Wis. Stats.
The meaning specified in § 289.01(12), Wis. Stats.
Solid waste which contains pathogens with sufficient virulence
and quantity so that exposure to the waste by a susceptible host could
result in an infectious disease.
That person or persons to whom the Village has issued a license
to collect municipal solid waste (MSW) and whom the Village has designated
as its agent and designee for purposes of transporting said solid
waste to the landfill owned and operated by the City of Superior,
Douglas County, Wisconsin. Said collectors shall collect the charge
directly from each property owner for the cost of transport and removal
according to the rate schedule established by the Village.
Solid waste generated primarily by residents and commercial
activities.
Any human being, partnership, corporation, firm, company,
association, society or group.
The meaning specified in § 281.01(11), Wis. Stats.
The meaning specified in § 281.01(15), Wis. Stats.
It shall be the duty of the owner of every residential
structure containing four or fewer dwelling units to provide for,
not less frequent than biweekly, disposal of all MSW generated by
such dwelling units through employment of the services of a licensed
collector. Owners of residential structures containing more than four
dwelling units or of commercial or industrial establishments shall
employ a licensed collector for the removal of all MSW from their
premises.
A.
It shall be the duty of the owner of every dwelling
or place of business in the Village to provide or cause to be provided
and at all times to keep and maintain or cause to be kept and maintained
in good condition, sufficient portable watertight containers to hold
all the MSW which accumulates on such premises during the time between
collections and removals. In the case of residential structures containing
four or fewer dwelling units, such containers shall be of a maximum
size of 32 gallons, shall be provided with handles and a tight and
securely fitting cover and shall be constructed of or lined with such
material as to make them watertight. All MSW, as the same accumulates
upon such premises, shall be placed or deposited and kept in such
containers, which shall not be filled to nearer than three inches
of the top and, in the case of residential structures containing four
or fewer dwelling units, the contents shall not exceed 45 pounds in
weight. Collection of solid waste kept in container in amounts in
excess of 45 pounds shall not be deemed an "ordinary collection" within
the meaning of this article.
B.
Such containers shall, during the hours scheduled
for collection, be set out the night before and returned to storage
area, not left by the street.
[Amended 7-13-2023]
C.
Except while loading or unloading, the tops and covers
of all such containers shall be kept tightly covered and securely
closed at all times when they contain putrescible MSW. When such containers
contain only nonputrescible MSW, they shall be kept covered when and
as necessary to prevent such solid waste from being blown out of such
container.
D.
It shall be the duty of the licensed collectors to
report violations of this section to the Village office/Clerk-Treasurer.
The licensed collectors shall also leave a tag setting forth the nature
of any violations hereof on the premises where such violations are
discovered and shall attach such tag either to the handles of an MSW
container used upon the premises or in some other conspicuous location.[1]
It shall be the duty of the licensed collectors to collect and remove any of the MSW referred to in this article and to establish and maintain a schedule for regular ordinary collection of such MSW, providing for collection on at least a biweekly basis, and to make available a schedule setting forth the days or day of the week and the hours during which such collections will be made. It shall also be the duty of the licensed collectors to be available to and to make any collections and removal directed by the Village pursuant to § 337-10 of this article.
The fee to be charged to the owner for making
ordinary collections and removal shall be reasonable and within a
rate schedule approved by the Village. Such fees shall be fixed based
upon the frequency of collection and removal, the character and quantity
of the material collected and removed and the length of haul and cost
of making same. The licensed collectors shall not refuse to make any
collection. Rates for special collections and for items that are not
capable of ordinary collection shall be as agreed upon between the
party requesting removal and the licensed collector.
On or before the third Monday of October of each year, the licensed collectors may transmit to the Village Clerk-Treasurer a list of properties to which he has rendered collection and removal service pursuant to this article for which he has not been paid and for which payment is 60 days overdue, together with the amount due with respect to each such property. Such list shall be accompanied by a verified statement that the amounts indicated are in fact due and owing and that the licensed collector has made reasonable attempt to collect such amounts. In addition, the Village Clerk-Treasurer shall, on or before the third Monday in October of each year, compile a list of properties to which collection and removal service has been rendered pursuant to § 337-10 of this article, in the event the owner of such property has not earlier reimbursed the Village for sums expended by it to secure such service.
The Village Clerk-Treasurer shall make an assessment
roll containing the name of the owner of each lot or parcel of land
separately assessed, if known to him or her, together with a description
of each such lot or parcel of land and the amount of such assessment.
A.
In addition to other methods provided by law, it is
hereby provided that special assessments for delinquent garbage collection
bills may be levied in accordance with the provisions of this section,
which are hereby adopted pursuant to § 66.0703, Wis. Stats.
B.
Delinquent garbage collection bills shall be levied
as a special assessment against the real property, shall become a
lien thereon, and be placed on the tax roll with the same effect as
other Village taxes unless the Village otherwise determines after
notice and opportunity to be heard as hereinafter set forth.
C.
A garbage collection bill shall be deemed delinquent
if amounts remain unpaid for 60 days or more and, if delinquent, the
Village Clerk-Treasurer shall send written notice to the property
owner, and said notice shall state:
(1)
The amount of the bill and that the bill is delinquent.
(2)
The bill will be specially assesses against the real
property and become a lien thereon and placed on the tax roll unless
paid within 30 days of the date of the notice.
(3)
That the property owner may petition for a hearing
before the Village Board. The date of said hearing shall be less than
90 days after the first date of issuance of the delinquent garbage
collection bill and at least five days after said written notice is
mailed.
D.
The Village Board may instruct the Village Clerk-Treasurer
not to have the delinquent garbage collection bill levied as a special
assessment after the 90 days from the first issuance of the garbage
collection bill only in the following circumstances.
(1)
Payment is made;
(2)
Reasonable assurance is given by the property owner
that payment will be made within a reasonable time, not to exceed
45 days from the date of hearing. If payment is not made as guaranteed,
the bill amount shall be specially assessed as a lien to be placed
on the tax roll after the deadline for payment set by the Village
Board; or
(3)
The bill is incorrect either as to amount or property
owner obligated to pay and, in that event, the Board shall direct
the issuance of a revised billing statement.
E.
The Village Board may not permit payment of the delinquent
garbage collection bill by installments.
Whenever MSW, dead animals or parts thereof or other putrescible materials shall not be contained or removed as required by this article, the Village office/Clerk-Treasurer or any member of the Village Board may direct the removal of such material by a licensed collector. In such event, the licensed collector shall, within the time frame specified by the Village office/Clerk-Treasurer or any member of the Village Board (which time shall not be less than within 24 hours of being so directed, Saturdays, Sundays and holidays excluded), make such collection and removal. Whenever such Village office/Clerk-Treasurer or member of the Village Board directs a licensed collector to remove material from any premises pursuant to this section, he or she shall make a written record of such action and provide a copy to the licensed collector. If such collection and removal require an expenditure of time and effort comparable to that required for ordinary collections, the collector shall be paid at his regular rate for ordinary collections. If such collection and removal require an expenditure of time and effort in excess of that required for ordinary collections, the collector shall be paid a reasonable hourly rate determined by the Village Board. The fee for such collection shall be paid by the Village and, pursuant to §§ 337-5 through 337-9 of this article, recovered from the owner of the premises from which such collection and removal is made.
A.
Notice to owner. Whenever the Village office/Clerk-Treasurer
or a member of the Village Board shall deem it necessary to remove,
at the expense of the owner, any MSW, manure, dead animals or parts
thereof as provided in the preceding section, the Village office/Clerk-Treasurer
or a member of the Village Board shall personally serve a written
notice upon the owner or agent of the property affected or, if the
owner or his agent cannot be found, by posting said notice on the
premises setting forth the fact that such removal has been ordered
and granting the owner or agent a reasonable period of time for the
completion for such removal. Such time allowance shall in no case
be less that 24 hours and no more than 48 hours.
B.
Duty of the owner. Every owner or agent served with
notice as described in the preceding section shall cause an abatement
of the nuisance or health hazard described in such notice within the
time limits prescribed by such notice.
It shall be the duty of the licensed collector
to abide by the regulation and policies of the City of Superior and
Department of Natural Resources in the transportation of solid waste
and depositing of solid waste to the municipal landfill. Failure in
this regard will result in termination of the hauler's access to the
landfill.
Only the waste types and sources listed in the
plan of operation approval, waste previously approved by the City
of Superior and Department of Natural Resources, in writing, or otherwise
allowed under Ch. NR 506, Wis. Adm. Code, may be accepted for disposal.
Hazardous waste and infectious waste will not be accepted at the municipal
landfill.
