City of Holland, MI ARTICLE II Recyclable Materials

Sec. 27-13 Mandatory recycling.

[Ord. No. 1034, 1-8-1992; Ord. No. 1276, 3-1-2000]

Commencing on May 1, 1992, all residential service users shall separate recyclable materials from solid waste and dispose of the recyclable material for pick up in the designated residential collection zone in which the residential service users reside pursuant to Section 27-7 by a designated contract hauler(s). The owner, tenant, or occupant of a building or structure of four or fewer residential units located in an area of the City of Holland annexed to the City on or after December 31, 1999, shall be considered a residential service user as defined in Section 27-1 and shall comply with the requirements of this section and the other sections of Article II of Chapter 27 by no later than six months following the date of annexation.

Sec. 27-14 Storage of recyclable material.

[Ord. No. 1034, 1-8-1992; Ord. No. 1093, 6-2-1993]

(a) Recyclable material shall be placed and stored in containers or garbage disposal bags provided by the City or a designated contract hauler(s).

(b) Storage of recyclable material in garbage disposal bags is prohibited if the method of storage results in rodent infestation or otherwise affects the general health, safety, and welfare of individuals and adjoining property.

(c) Except on the designated day of collection, it shall be unlawful to store or place recyclable material for its storage in the front yard of a residence, street, right-of-way, stream, body of water, or any other public place.

Sec. 27-15 Disposal of recyclable material—generally.

[Ord. No. 1034, 1-8-1992; Ord. No. 1075, 12-16-1992]

(a) Commencing at 6:00 p.m. prior to the designated day of collection applicable to a designated residential collection zone, a residential service user may place recyclable material in the front yard or nontraveled portion of the right-of-way in approved containers or disposable bags.

(b) Paper recyclables shall be bundled separately and secured in such a manner as to prevent the recyclable material from being blown or scattered, and shall be maintained in a dry condition, free of any other substance.

(c) All other recyclable materials shall be rinsed and cleaned of all contents and shall be disposed of in one or more approved containers or disposal bags.

Sec. 27-16 Anti-scavenging.

[Ord. No. 1034, 1-8-1992]

Recyclable material shall become the property of the designated contract hauler(s) of the City at the time the recyclable material is placed in the front yard for disposal. It shall be a violation of this article for any person other than a designated contract hauler(s) of the City to collect, remove, pick up, or cause to be collected, removed, or picked up, any such recyclable material.

Sec. 27-17 Disposal location of recyclable materials.

[Ord. No. 1034, 1-8-1992]

All recyclable materials shall be disposed of in an MRF or such disposal facility as approved by the enforcing officer.

Sec. 27-18 Residential service collection charge; refuse and recyclable materials; resolution; failure to pay; lien upon property.

[Ord. No. 1113, 6-1-1994; amended 10-17-2012 by Ord. No. 1593; 6-5-2013 by Ord. No. 1607]

(a) The City shall levy and collect a monthly charge for the collection of refuse and recyclable materials (including costs for containers and any other costs related to collection) from all residential service users of the City.

(b) The charge levied pursuant to this section shall be adopted pursuant to a duly adopted resolution of the City Council and published in the same manner as an ordinance pursuant to this Code prior to the effective date of adoption. The charge shall be billed at least quarterly and may be billed in advance.

(c) It shall be a violation of this Code for a residential service user to fail to pay the charges for the collection and disposal of refuse and recyclable materials levied and collected by the City.

(d) Except as otherwise provided or limited by state law, the charges levied pursuant to this section (including charges incurred on or since April 1, 1993) shall at once become a debt due to the City from the person(s) upon whom they are levied and from the owner(s) of the premises to which the services are provided. The amounts charged, together with all interest and collection costs, shall immediately become a lien upon the premises to which the services are provided, and the lien for such charges, interest, and costs shall continue until payment thereof.

(1) In a case when a tenant is responsible for the payment of the charges and the Department of Community and Neighborhood Services is so notified in writing, the notice to include a copy of the lease of the affected premises, if there is one, then the charges shall not become a lien against the premises after the date of the notice.

(2) All unpaid charges for refuse/recyclable services furnished to any such premises, which, on the 30th day of June of each year, have remained unpaid for a period of six months, or more, shall be reported by the City Auditor to the Council at the first meeting thereof in the month of July. Except for property exempt from a lien under Subsection (d)(1) of this Section 27-18, the Council thereupon shall order the publication in a newspaper published in the City, of notice to all owners of property within the City that all unpaid refuse/recyclable charges which have remained unpaid for a period of six months or more prior to the 30th day of June, and which have not been paid by the 31st day of July, shall be assessed upon the City's tax roll against the premises to which the refuse/recyclable services, for which the unpaid charges accrued were supplied or furnished; and that such charges shall be collected in the same manner as the City taxes on said tax roll.

(3) Except for property exempt from a lien under Subsection (d)(1) of this Section 27-18, all such refuse/recyclable charges which remain unpaid on the 31st of July shall be transferred to the City's tax roll and assessed against the premises to which the refuse/recyclable service, for which the unpaid charges accrued, was supplied or furnished, and shall be collected with, and in the same manner as, City taxes. If the same have remained delinquent and unpaid after the expiration of the time limited in the treasurer's warranty for the collection of taxes levied in said tax roll, such charges shall be returned to the County Treasurer to be collected in the same manner as the lien created by City taxes on the delinquent tax roll of the City.

(e) In the event that any provision of this section shall prove to be incomplete or inadequate for the carrying out of the purposes thereof, the Council shall provide by ordinance such additional procedures as may be required for the collection of refuse/recyclable charges, and, for such purpose, shall have all the powers granted to cities by MCLA § 141.101 et seq., as amended.