[Adopted 8-13-1996 (Sec. 8-1-10 of the 1996 Code)]
The purpose of this article is to promote the recycling of yard
wastes and certain kitchen wastes through composting and to establish
minimum standards for proper compost maintenance.
As used in this article, the following terms shall have the
meanings indicated:
COMPOSTING
The organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding one inch in diameter), bushes,
shrubs, plants, leaves and garden debris.
KITCHEN WASTE
Any uncooked plant matter not contaminated by or containing
meat, fish and/or dairy products.
All compost piles shall be maintained using approved composting
procedures to comply with the following requirements:
A. All compost piles shall be enclosed in a freestanding compost bin.
Each compost bin shall be no larger in volume than 125 cubic feet
and shall be no taller than 42 inches.
B. All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the Village to proceed under §
381-9 of this Code.
C. All compost bins shall be so maintained as to prevent unpleasant
odors.
D. No compost bin shall be allowed to deteriorate to such condition
as to be a blighting influence on the surrounding property or neighborhood
or the Village in general.
E. Setback requirement.
(1) All compost bins shall be located not less than three feet from a
property line or principal building or dwelling and three feet from
any detached accessory building.
(2) A variance from these setback requirements may be applied for if
the property owner(s) can show a hardship exists which prohibits compliance.
In addition, any variance application must include a signed written
approval of the variance request from the adjacent property owner(s).
Variances can be granted on an annual basis upon the proper application
being submitted by the property owner(s). Screening and/or fencing
of compost bins may be required as a condition of a variance being
granted.
F. No compost bin shall be located in any yard except a rear yard as defined in Chapter
525, Zoning, of this Code. A compost bin may be located in a side yard as defined in Chapter
525 subject to the annual variance procedure contained in Subsection
E(2) and must be screened from view to the street.
G. Those composting bins which existed prior to the adoption of this
article shall be given one year to comply with the requirements set
forth herein.
Every owner or operator shall be responsible for maintaining
all property under his or her control in accordance with the requirements
of this article.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, the following terms
shall have the meanings indicated:
GARBAGE
The meaning specified in § 281.01(4), Wis. Stats.
INFECTIOUS WASTE
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.
LICENSED COLLECTOR
That person or persons to whom the Village has issued a contract
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 a landfill. Said collector shall collect the charge directly
from each property owner for the cost of transport and removal according
to the rate schedule established.
PERSON or OWNER
Any human being, partnership, corporation, firm, company,
association, society or group.
REFUSE
The meaning specified in § 281.01(11), Wis. Stats.
SOLID WASTE
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.
It shall be the duty of the licensed collector 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 collector to be available to and to make any collections and removal directed by the Village pursuant to §
438-12 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 the same. The licensed collector 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.
Whenever MSW, dead animals or parts thereof
or other materials shall not be contained or removed as required by
this article, 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 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 the Village Board directs a licensed collector to remove
material from any premises pursuant to this section, it 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 recovered
from the owner of the premises from which such collection and removal
is made.
A. Notice to owner. Whenever 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 this section,
the Village Board shall 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 Subsection
A shall cause an abatement of the nuisance or health hazard described in such notice within the time limits prescribed by such notice.