[5-10-2004 by Ord. No.
1226]
Any violation of this chapter shall be treated as a municipal
civil infraction, unless otherwise provided in this chapter.
[Code 1975, § 17-1; Code 1992, § 14-1]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any site, location, tract of land, area, building, structure
or premises in the City used for the disposition of solid waste by
a solid waste hauler as approved by the state in accordance with MCL
324.11503.
Rejected food wastes, including waste accumulation of animal,
fruit or vegetable matter used or intended for food or that attends
the preparation, use, cooking, dealing in, or storing of meat, fish,
fowl, fruit, or vegetable matter, but does not include animal carcasses.
Source separated materials, site separated materials, high
grade paper, glass, metal, plastic, aluminum, newspaper, corrugated
paper, yard clippings, and other materials that may be recycled or
composted.
The Regional Solid Waste Planning Agency designated by the
Governor pursuant to the Solid Waste Disposal Act, 42 U.S.C. § 6946.
Nonputrescible solid waste, excluding ashes, consisting of
both combustible and noncombustible waste, including paper, cardboard,
metal containers, wood, glass, bedding, crockery, demolished building
materials, or litter of any kind that may be a detriment to the public
health and safety.
Garbage, rubbish, ashes, incinerator ash, incinerator residue,
street cleanings, municipal and industrial sludges, solid commercial
and solid industrial waste, and animal waste other than organic waste
generated in the production of livestock and poultry. The term "solid
waste" means as defined in MCL 324.11506.
A person who owns or operates a solid waste transporting
unit.
[Code 1975, § 17-2; Code 1992, § 14-2]
Except as otherwise specifically provided, the Public Works
Director or his or her authorized agents shall be charged with the
enforcement of this chapter.
[Code 1975, § 17-3; Code 1992, § 14-3]
Solid waste and recyclable materials shall be stored as specifically
defined in the rules and regulations for the collection of such waste
and materials established by the Public Works Director or his or her
designee.
[Code 1975, § 17-4; Code 1992, § 14-4]
The City shall collect solid waste and recyclable materials
on a weekly schedule throughout the year. Solid waste and recyclable
materials to be collected shall meet all precollection requirements
specifically defined in the rules and regulations established by the
Public Works Director or his or her designee.
[Code 1975, § 17-5; Code 1992, § 14-5]
No solid waste or recyclable material shall be disposed of in
a manner which shall create either a nuisance or a menace to health.
No disposal area shall be within 200 yards of a public highway, public
gathering place or dwelling.
[Code 1975, § 17-6; Code 1992, § 14-6]
Solid waste haulers shall dispose of solid waste and recyclable
materials in accordance with the County Solid Waste Management Plan
as approved by the Regional Solid Waste Planning Agency and in accordance
with state laws, Part 115 of Public Act No. 451 of 1994 (MCL 324.11501
et seq.).
[Code 1975, § 17-7; Code 1992, § 14-7]
It shall be unlawful for any person to burn any garbage.[1]
[1]
Editor’s Note: Former §§ 38-9, Requirements for vehicles used in collection or disposal operations (Code 1975, § 17-8, as amended), and 38-10, Inspection of haulers’ equipment (Code 1975, § 17-9, as amended), were repealed 10-9-2017 by Ord. No. 17-014. This ordinance also provided for the renumbering of former §§ 38-11 through 38-14 as §§ 38-9 through 38-12, respectively.
[Code 1975, § 17-10; Code 1992, § 14-10]
The Public Works Director shall adopt reasonable rules and regulations
establishing the standards of sanitation governing solid waste haulers,
which shall be uniform and not inconsistent with this chapter or the
standards of state law.
[Code 1975, § 17-11; Code 1992, § 14-11]
(a)
It shall be unlawful for the owner of any lot or parcel of land or
any person in possession or control of any lot or parcel of land within
the City to permit the deposit or accumulation, upon any portion of
such lot or land, of any debris, rubbish, dead vegetation or garbage
so as to create any unhealthy or unsafe condition or fire hazard.
(b)
Upon complaint of a violation of this section, it shall be the duty of the Public Works Director or his or her designee to investigate such complaint and the premises complained of. After such investigation, if he or she shall determine that the condition of the premises are such as to be in violation of this section, he or she shall issue an order to such owner or person in possession or control of the land upon which the violation is committed requiring the removal of such debris, rubbish, dead vegetation or garbage within 10 days after receipt of such order. Such order may be served in accordance with § 2-768. If any person named in such order fails to comply therewith within 10 days from the receipt thereof, he or she shall be guilty of a violation of this section.
[Code 1975, § 17-12; Code 1992, § 14-12; 9-12-2011 by Ord. No. 1327]
(a)
No person shall place, deposit, throw, scatter or leave in any street,
alley or public place or on the private property of another any recyclable
materials, solid waste, garbage, dead animal, wash water or other
noxious or unsightly material.
(b)
No person shall place, deposit, throw, scatter or leave in any street,
alley or public place any tacks, screws, nails, glass, metal scraps,
metal shavings or scrap metal in any other form.
(c)
A person shall not knowingly, without the consent of the public authority
having supervision of public property or the owner of private property,
dump, deposit, place, throw, or leave, or cause or permit the dumping,
depositing, placing, throwing, or leaving of, litter on public or
private property or water other than property designated and set aside
for such purposes.
[2-25-1991 by Ord. No.
1001; Code 1992, § 14-13; 5-22-1995 by Ord. No. 1086]
(a)
It shall be unlawful for the owner of any lot or parcel of land or
any person in possession or control of any lot or parcel of land,
within the City, to deposit any solid waste, recyclable material and/or
garbage for collection earlier than 4:00 p.m. on the day prior to
scheduled collection in accordance with the rules and regulations
of the City for the collection of solid waste, recyclable material
and/or garbage.
(b)
In any proceedings for a violation of this section, proof that the
defendant named in the citation, appearance ticket, complaint, or
warrant was, at the time of the violation, the owner or person in
possession or control of the lot or parcel of land shall constitute
in evidence a presumption that the owner or person in possession or
control of the lot or parcel of land deposited the solid waste, recyclable
material and/or garbage for collection.
(c)
Notwithstanding and in addition to Subsection (a) of this section, solid waste, recyclable materials and/or garbage deposited by the owner of any lot or parcel of land or any person in possession or control of any lot or parcel of land for City collection in violation of such subsection may be subject to immediate collection by the City, and the expense incurred for the collection shall be paid for by the property owner under the single lot assessment procedure provided for in Chapter 40, Special Assessments.
[6-12-2023 by Ord. No. 23-004]
No person shall dispose of any solid waste or recyclable materials
generated within the City on residential parcels other than by means
of the designated waste hauler awarded a contract by the City for
such purpose.
[6-12-2023 by Ord. No. 23-004]
No person shall engage in the business of collecting, transporting,
delivering, or disposing of solid waste or recyclable materials generated
by residential properties within the City without first being authorized
to do so by contract with the City as provided in this article.
[6-12-2023 by Ord. No. 23-004]
Contracts for solid waste collection, recycling, and disposal
services shall be determined and established by the City based upon
competitive bids.
[6-12-2023 by Ord. No. 23-004]
Following execution of such contracts, the City shall adopt
resolutions from time to time specifying the rates and manner of billing
for solid waste and recycling services. Such resolution shall be published
in order to provide notice to the public. Charges for any volume-based
charge shall be reasonably based on the cost to remove and dispose
of that type of waste. Such charges shall be reviewed periodically,
but at least annually, and shall reflect costs of both the designated
collector and those of any disposal site. Charges levied through direct
billing or as a tax levy shall be determined on the basis of meeting
minimal availability of service costs as well as providing for costs
associated with the recycling of waste. If such charges are levied
as taxes, the normal procedures in both the City Charter and state
law shall govern regarding the determination of an appropriate millage
rate.
[6-12-2023 by Ord. No. 23-004]
Such charges shall constitute a lien upon the property which
is the site of generation. If a payment is not made on or before the
due date, a penalty in the amount of 1% per month shall be added for
each month or portion of a month payment has not been made in full.
Moreover, if there is an outstanding balance owing to the City with
respect to any property as of October 1 in any year, such outstanding
balance, together with all accrued penalties, shall be placed upon
the delinquent tax roll of the City, and shall accrue further interest
and penalties, and shall be collected in the manner made and provided
for delinquent real property taxes in the City.
