[Adopted 9-17-1996, effective 9-18-1996]
[Amended 5-13-1997, effective 5-27-1997; 2-4-2003, effective 2-28-2003]
A. 
Residential solid waste shall be prepared for collection by residential users in accordance with the provisions of this chapter. The Commissioner may promulgate rules and regulations covering the items of collection of solid waste and such other matters pertaining to the public collection and disposal of solid waste as he may deem necessary.
B. 
No person, except City employees in the performance of their official duties and City contractors, shall engage in the collection of residential solid waste.
C. 
No solid waste collector or regulated substance collector shall collect residential solid waste unless authorized by the Commissioner.
D. 
The Department may collect residential solid waste (including solid waste from vacant lots) originating in the City as defined by this chapter. Such public collection may be made at a frequency determined by the Commissioner to be necessary consistent with the public health, safety and general welfare. User fees shall be charged consistent with the frequency of collection.
E. 
The Commissioner may cause to be made not less than one collection per week of solid waste from the several streets of the city, unless prevented by occurrence or occurrences beyond the city's control, including but not limited to a disaster, labor disturbance or strike, act of God, act of war, civil disturbance, blizzard or explosion. This collection shall also include the removal and disposal of loose and scattered solid waste found at the curbline at the time of public collection. This collection may also include clearing vacant lots of solid waste.
F. 
The Commissioner shall designate a schedule of additional public collections during the course of the year, commencing on April 1 and ending on November 30, on a biweekly basis, and shall promulgate rules and regulations for such additional public collections.
G. 
The residential user solid waste fees are established as provided in Chapter 175, Fees, of this Code. The billing of such user fees shall be subject to service review by the Commissioner pursuant to the Commissioner's regulations. If payment of the user fee is not received within 30 days of the billing date, a late charge as provided in Chapter 175, Fees, of this Code shall be imposed, in addition to any interest which may be due and owing. The date of receipt for mailed payments shall be determined by the United States postmark indicated on the mailing.
[Amended 5-13-1997, effective 5-27-1997; 3-19-2002, effective 3-28-2002; 2-4-2003, effective 2-28-2003]
A. 
Commercial solid waste shall be prepared for collection by owners, agents and occupants in accordance with the provisions of this chapter. The Commissioner may promulgate rules and regulations covering the items of collection of solid waste and such other matters pertaining to the public collection and disposal of solid waste as he may deem necessary.
B. 
No person, except City employees in the performance of their official duties, City contractors or solid waste collectors, shall engage in the collection of commercial solid waste. No person shall buy or receive any solid waste of any kind from any person unauthorized to dispose of the same, and no such person engaged in the work of such collection shall sell or dispose of any material placed at the curbline for public collection exempt with the consent and in the manner prescribed by the Commissioner of Public Works.
C. 
No solid waste collector or regulated substance collector shall collect commercial solid waste without a contract with the commercial user unless authorized by the Commissioner.
D. 
The collection of commercial solid waste may be made at a frequency determined or negotiated by the Commissioner to be necessary and consistent with the public health, safety and general welfare.
E. 
The Commissioner may cause to be made not less than one public collection per week of solid waste from the several streets of the city, unless prevented by occurrence or occurrences beyond the city's control, including but not limited to a disaster, labor disturbance or strike, act of God, act of war, civil disturbance, blizzard or explosion.
F. 
The commercial user solid waste fees shall be determined or negotiated by the Commissioner, billing of which shall be subject to service review pursuant to the rules and regulations promulgated by the Commissioner; provided, however, that such fee shall not be set at a rate less than the rate provided in Chapter 175, Fees, of this Code. The Commissioner may determine or negotiate such fees based on factors such as, but not limited to, the type of use of the establishment, size of receptacle, quantity of waste generated, and the frequency of public collection.
G. 
The Commissioner may negotiate the rate under the following bases.
(1) 
The Commissioner may calculate the minimum rate by adding the fixed cost for public collection and combining that with variable rate for public collection. The Commissioner shall promulgate regulations setting forth the criteria for fixed costs and variable costs.
(2) 
Alternatively, the commercial user may rent a dumpster from the Department. The Commissioner may negotiate such rates; provided, however, that such rates shall not be negotiated at a rate less than the minimum rates set forth in Chapter 175, Fees, of this Code.
H. 
If payment is not received within 30 days of the billing date, a late charge as provided in Chapter 175, Fees, of this Code shall be imposed, in addition to any interest which may be due and owing. The date of receipt for mailed payments shall be determined by the United States postmark indicated on the mailing.
[Amended 4-4-2000, effective 4-13-2000]
A. 
The Department shall refer all past due accounts to the Division of Collections in the manner prescribed by the Division of Collections. The Division of Collections shall perform necessary collection and billing of such past due accounts with the assistance of the Department of Law as required. The Division of Collections may engage the services of a private credit or collection agencies and other professional services as deemed advisable. The Comptroller shall perform an annual report detailing the moneys and fees collected and expended. Fees or charges in connection with the collection of past due accounts may be imposed as provided for by this chapter and Chapter 175, Fees, of this Code, and any and all fees collected upon past due accounts pursuant to this chapter or Chapter 175 shall be accounted for separately within the Solid Waste Enterprise Fund. All such amounts collected pertaining to the public collection of solid waste shall be deposited to the Solid Waste Enterprise Fund.
B. 
The Common Council may, by duly adopted resolution, provide that a residential owner's public collection bill be adjusted by reason of the owner combining a residential parcel with improvements and an adjoining vacant lot under a single deed or similar proof of common ownership of the adjoining parcels to the satisfaction of the Commissioner. Any such adjustment shall be limited to the quarter such deed is filed.
The Comptroller shall establish and maintain a separate fund to record and report the financial activity related to the public collection and disposal by the City of refuse, recyclable and other solid waste material as designated by the Commissioner. This fund shall be separate and distinct from the city's general fund and shall be known as the "Solid Waste Enterprise Fund." This fund shall be maintained on the same fiscal year as that of the city. Notwithstanding any other law to the contrary, the fees, charges, late fees, interest and other costs and disbursements charged and collected pursuant to Article 15 of the Charter or this chapter, pertaining to public collection of solid waste, shall be paid into the Solid Waste Enterprise Fund. Each year, the Mayor, at the time of the submission of the annual budget estimate to the Common Council, shall submit a statement of estimated revenues, expenditures and changes in the fund as well as the fund balance for the current fiscal year, together with an estimate of expenditures for the next fiscal year and shall recommend basic residential and commercial rates for public collection.