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Village of Cassopolis, MI
Cass County
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Table of Contents
Table of Contents
The Village Council may, either by advertising for bids or otherwise, enter into an exclusive contract with such person as the Village Council may deem best able to collect and dispose of residential refuse for the Village in accordance with the best interests of the Village and its citizens, or to extend the terms of such exclusive contract. The contractor shall be the only person allowed to provide commercial/residential refuse collection and disposal services within the Village or within the boundaries prescribed by the limitations of this article. The contract documents shall contain provisions that the Village contractor shall collect and dispose of refuse from all residential premises in the Village in full compliance with this article and applicable local, state and federal laws, rules and regulations.
A. 
Each residential living unit located in a structure containing one to four living units shall be eligible for Village collection and disposal of the solid wastes generated at such location.
B. 
Each multiunit residential structure containing more than four living units shall be eligible for Village collection and disposal of the solid wastes generated at that location, to the same extent that such services are available to a single-family residential unit.
The frequency of solid waste collections for residential properties shall be set by resolution of the Village Council.
No person shall place any hazardous materials, including, but not limited to, poisons, drugs, acids, dangerous chemicals, narcotics, radioactive wastes or explosive substances, in any container for collection and disposal by the Village's solid waste disposal program. It shall be illegal to place for collection any materials identified by state law as illegal for disposal in Type II landfills. The carcasses of dead animals shall not be placed for collection by the Village.
To be eligible for Village collection and disposal services as described in this article, the owners or occupants of any property so served shall be required to conform to the following requirements regarding solid waste containers and placement:
A. 
Types of containers.
(1) 
For disposal of residential garbage or rubbish, containers shall be of metal, hard rubber or rigid plastic material, of watertight, vermin-tight and insect-tight construction, not to exceed ninety-six-gallon capacity, equipped with tight-fitting covers and with handles by which they may be lifted.
(2) 
Brush shall not be placed in containers but shall be neatly piled on the tree lawn (area between the sidewalk and curb) just behind the curb, or just off the edge of the pavement in areas with noncurbed streets. Brush may not be tied or bundled but shall be loosely stacked to facilitate chipping. Brush may not be piled within 30 feet of any street intersection; within 20 feet of any fire hydrant; nor in a manner that interferes with pedestrians' use of the public sidewalk.
(3) 
All recyclable materials shall be placed in a rigid plastic container, 18 gallons in size, specified by resolution of the Village Council for this purpose. Each household shall receive one such container free of charge from the Village. Replacement of such container, or purchase of additional containers, shall be at the property owner's expense. Such containers shall be available for purchase at the Village Hall, at a cost to be determined by resolution of the Village Council. Newspapers may be placed in grocery bags and placed beside the containers if there is not sufficient room in the container.
B. 
Maximum weight of containers. No loaded container shall exceed 60 pounds in weight.
C. 
Placement of containers or piles of brush.
(1) 
Location. Solid waste containers or stacks of brush shall be placed at the back edge of the curb (edge of pavement on noncurbed streets) in front of the property where such waste originated. The sole exception to such placement shall be locations where the Superintendent of Public Works determines that solid waste collection shall be from the public alley behind a property or where the Superintendent authorizes special pickup services for handicapped or infirm individuals.
(2) 
Time. Solid waste containers or stacks of brush shall be placed in the manner described in Subsection C(1) of this section, not earlier than 4:00 p.m. the day before a property's scheduled solid waste collection day. Containers must be removed by 10:00 a.m. of the day following collection.
D. 
Maximum number of containers. No residential living unit, commercial facility, nor industrial facility shall be eligible to have more than four containers of garbage or rubbish collected on any single collection day. There shall be no limitation on the number of containers of yard wastes or recyclable materials placed at streetside for collection.
A. 
Types of collection. The contractor shall provide either curbside unlimited or backyard collection service to each residential premises one time per week. "Curbside" means that portion of right-of-way adjacent to paved or traveled Village roadways, excluding approved alleys. "Backyard" means a side or backyard, or place both convenient for the Village contractor and customer, but in no case shall the Village contractor be required to enter a garage or dwelling.
B. 
Refuse to be collected. The Village contractor shall collect garbage and rubbish on the designated collection day except for holidays when refuse will be collected the following day, excluding holidays or Sundays, or unless published to the contrary. Collection shall be subject to weather and other conditions beyond the control of the Village contractor. Each owner and/or occupant of a residential premises may place for pickup only refuse generated by each residential unit owned, leased or occupied by him.
Solid wastes placed at the edge of the street in the Village for collection in accordance with this article shall be considered the exclusive property of the Village or its authorized solid waste collection agent, between the time such materials are placed at the curbside and the time they are collected by the Village or its authorized collection agent. It shall be unlawful for any person not duly authorized by the Village to collect, remove, pick up or cause to be collected, removed or picked up, any such solid waste materials. The sole exception to this prohibition shall be materials placed for collection during community-wide cleanup days, as described in § 314-17B.
A. 
Excessive quantities. Any person requiring the removal of quantities of solid waste in excess of those identified in this article must make arrangements for special services by contacting the Village's Department of Public Works, and shall be charged for such services based upon the Village's actual costs for personnel, equipment and disposal, but in no event less than $15 for each such special collection. Upon completion of such special services, the Village Treasurer's office shall furnish the requesting party with a bill for such services, to be paid within 30 days. Failure to pay such charges may result in the suspension of solid waste collection services for the property in question.
B. 
Community-wide cleanup days. The Village Council may designate by resolution special community-wide cleanup days, when quantities of garbage and rubbish in excess of those normally allowed, plus bulky items such as discarded furniture and appliances, may be removed by the Village free of charge.[1]
[1]
Editor's Note: Original Subsection (c), Compost and leaf accumulations; special provisions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Village Council shall establish by resolution all rates and fees for residential premises refuse collection. Such rates shall be subject to revision by the Village Council from time to time.
A. 
Residential premises containing more than one dwelling unit which is billed separately for water and sewer charges by the Village Treasurer shall be billed to the person who is the customer of the Village Treasurer. Residential premises containing more than one dwelling unit served by a single water and sewer bill, so that occupants or tenants cannot be billed separately by the Village Treasurer's office, are prescribed by this article and shall be billed to the customer of the single utility bill who shall be liable for the service fee for such premises. Owners and/or occupants of residential premises who are not customers of the Village Treasurer shall be billed individually.
B. 
Although the occupant or person in possession of the residential premises may make arrangements with the Village for payment of rates for the required refuse service, the owner of record, as title holder as reflected in the records of the Village Assessor, shall be responsible for all refuse collection charges for service to the owner's residential premises.
Residential premises refuse collection and appropriate charges for service shall continue, regardless of the customer's response to the billing procedure, so long as the residential unit is deemed occupied. It shall be the responsibility of the owner of the premises to advise the Village or its contractor of any change in occupancy of the residential unit for purposes of service and billing.
It shall be the duty of any owner and/or occupant of a residential premises to notify the Village Treasurer's office if such premises is being vacated between billing periods. It shall be the duty of any owner and/or occupant entering into any residential premises in the Village to notify the Village Treasurer's office immediately to avoid delay in billing and collection procedures. No charge shall be levied on and no refuse collection shall be rendered to the owner and/or occupant of a residential premises when such premises is temporarily vacated as established by the Village.
All elderly and handicapped persons shall receive a discount for residential curbside-unlimited or backyard-unlimited service by the Village contractor, as determined by the Village Council from time to time.
The service fee for removal of refuse by the Village contractor shall be established by the Village Council from time to time.
The following billing procedures shall be controlling as to residential premises refuse collection service:
A. 
Statements shall be rendered monthly and be payable to the Village at the office of the Department of Public Works and other locations as may be designated.
B. 
The billing statement shall be payable on or before the due date shown on the statement. Payment date shall constitute the date upon which payment is received at the appropriate office.
A. 
The charges for residential premises refuse collection shall constitute a lien on all such premises.
B. 
In addition to the methods of collection and fees imposed in this article, the Village Treasurer shall, on June 30 and January 1, certify all unpaid charges for such service furnished to any premises which, as of these dates, have remained unpaid for a period of six months, to the Village Assessor, who shall place the unpaid charges on a special assessment roll of the Village, and shall be collected and enforced in the same manner as special assessments.
C. 
If the Village is properly notified that a tenant is responsible for residential refuse service charges, the Village shall require a tenant deposit of $15, which shall be applied to the final bill upon termination of refuse service to such tenant.