[Adopted 4-18-1995 by Ord. No. 101]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ASHES
The residue from the burning of wood, coal, coke, or other combustible materials.
CONSTRUCTION AND DEMOLITION WASTE MATERIAL
[Added 7-19-2021 by Ord. No. 250]
A. 
Those materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any man-made physical structure, including houses, buildings, industrial or commercial facilities, and roadways. This shall include:
1. 
Brick, concrete and other masonry materials.
2. 
Stone.
3. 
Glass.
4. 
Wall coverings.
5. 
Drywall.
6. 
Framing and finishing lumber.
7. 
Roofing materials.
8. 
Plumbing fixtures (e.g., toilets, sinks, water heaters, pipes).
9. 
Heating equipment (e.g., furnaces, ductwork).
10. 
Electrical wiring and components containing no hazardous fluids or refrigerants.
11. 
Insulation.
12. 
Carpeting.
13. 
Asphaltic substances.
14. 
Metal (incidental to any of the above).
15. 
Weathered railroad ties and weathered utility poles.
B. 
Construction and demolition waste material does not include:
1. 
Materials whose removal has been required prior to demolition [e.g., National Emission Standards for Hazardous Air Pollutants (NESHAP) regulated asbestos and Toxic Substances Control Act (TSCA) regulated PCB containing materials].
2. 
Materials identified or listed as solid wastes, infectious wastes, or hazardous waste(s).
3. 
Materials resulting from mining operations, nontoxic fly ash, spent nontoxic foundry sand, or slag.
4. 
Containerized or bulk liquids, fuel tanks, drums and other closed or filled containers, tires, and equipment or vehicular batteries.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
RECYCLABLES
Nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, metal cans, glass, plastics and similar materials which can be recycled into other usable products.
RUBBISH
Garbage and nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, metal cans, wood, glass, bedding, crockery, and similar materials; but not to include body waste, automobile frames or debris resulting from construction, reconstruction, or repair of premises.
[Amended 7-19-2021 by Ord. No. 250]
YARD WASTE
Natural solid wastes resulting from the maintenance of lawns and trees, including but not limited to leaves, tree limbs, brush, pine needles, pine cones, and grass clippings.
The City Council may contract with any person for the collection of refuse, garbage, rubbish, yard waste, and recyclables in the City. Such contract shall be for a term specified by the City Council and the Council shall advertise for the letting of bids for the purpose of collecting-refuse, garbage, rubbish, yard waste, and recyclables at least 30 days prior to the entering into of any contract for this purpose.
The person entering into any contract as provided for in Section 15-3 shall, before such contract shall become binding upon the City, file with the City Clerk a bond in the amount of at least $1,000 with sufficient surety in the discretion of the City Council, conditioned for the faithful performance of such contract. Should default occur on such bond, the City shall have an action against the principal and the surety on such bond, or any of them, for recovery of any cost or expense suffered by the City as a result of such default, together with all costs of such action.
The City Manager shall have the authority to make regulations concerning the days of collection, type, and location of waste containers and such other matters pertaining to the collection, conveyance, and disposal of refuse as he/she shall find necessary, and to change or modify the same after notice, as required by law; provided, that such regulations are not contrary to the provisions of this chapter or any contract entered into by the City Council pursuant to Section 15-3.
A. 
The costs for the collection of refuse, garbage, rubbish, yard waste, and recyclables shall be borne by the owners or occupants of any building or premises. Service fees for the collection of refuse, garbage, rubbish, yard waste, and recyclables shall be established by resolution by the City Council from time to time as deemed necessary to defray the cost, thereof, and shall be assessed against the owners or buildings concurrently with the billing for water and sanitary sewer charges levied against the premises located within the City.
B. 
Such charges shall be billed and collected, subject to and in accordance with the same terms and conditions respecting payment, as are provided for water bills including the penalty provided therein for late payment.
C. 
The title holder of record of any unoccupied building or premises shall be liable for a monthly ready-to-serve charge for the collection of refuse, garbage, rubbish, yard waste, and recyclables, even though such building or premises may not require such service on a continuous twelve-month basis. The ready-to-serve charge shall be established by resolution by the City Council from time to time as deemed necessary.
D. 
Any delinquent charges for the regular service fee or a ready-to-serve charge shall become a lien against the property served and may be collected in the same manner as provided by this Code and other water and sanitation ordinances of the City or Sections of this Code.
[Amended 8-17-2020 by Ord. No. 247]
A. 
All property owners and occupants who receive refuse collection services contracted by the City pursuant to Section 15.3 shall comply with the terms and conditions of the applicable contract, which shall be available for public inspection in the office of the City Clerk. Such contracts may address topics including:
1. 
Size and other specifications for refuse bins;
2. 
Appropriate locations for placing refuse bins prior to pickup;
3. 
Size limitations for the curbside pickup of bulk items and yard waste; and
4. 
Appropriate separation of refuse and recyclable materials.
B. 
Refuse and recycling receptacles shall not be set out for collection prior to 3:00 p.m. preceding the day of collection. After such receptacles are emptied, they shall, on the same day collections are made, be removed from the street right-of-way and stored in an appropriate location in the side or rear yard of the property no later than 8:00 p.m. Receptacles shall not be stored in the front yard.
[Amended 7-19-2021 by Ord. No. 250]
C. 
Downed trees and tree limbs exceeding two cubic yards in volume or four feet in length do not constitute "yard waste" for purposes of this chapter and therefore are not eligible for regular curbside pickup by the City or its contractors. Property owners and occupants shall be responsible for disposing of such items.
D. 
Grass, brush, leaves, and limbs up to four inches in diameter are considered yard waste, but brush and limbs must be cut to a length of four feet or less. These items must be placed in a thirty-two-gallon container, or biodegradable paper bag of not more than 32 gallons, and tied in a bundle not to exceed 50 pounds.
E. 
The owner or occupant of any lands and premises within the City upon which any building or structure is being constructed, remodeled, altered or repaired shall cause all construction and demolition waste material resulting from such work to be removed and disposed of, and no such construction and demolition waste material shall be deposited or placed on any street, public right-of-way, alley or other public place within the City.
[Added 7-19-2021 by Ord. No. 250]
[Added 8-17-2020 by Ord. No. 247]
It shall be unlawful to place or scatter any raw refuse, garbage, or rubbish in any sewer, ravine, drainage ditch, or catch basin throughout the City, or in the harbor, Galien River, or Lake Michigan within the City. It shall also be unlawful to allow refuse, garbage, rubbish, yard waste, recyclables, or downed trees or branches to accumulate on any public or private parcel of property within the City, except to the limited extent necessary to prepare such items for curbside pickup or other appropriate means of removal from the property. Outdoor storage of such items shall not exceed 14 days in duration.
[1]
Editor's Note: Former Section 15-8 was repealed 10-2-1996 by Ord. No. 106.
[Amended 8-17-2020 by Ord. No. 247]
In addition to any other available remedy, the City may remove unauthorized items from the street right-of-way and recover costs from the property owner in accordance with the following procedures:
A. 
For purposes of this section, unauthorized items in the right-of-way include:
1. 
Rubbish receptacles placed at the street in violation of Section 15-7B above;
[Amended 7-19-2021 by Ord. No. 250]
2. 
Trees or tree limbs too large for curbside pickup; and
3. 
Other items not suitable for curbside pickup.
B. 
Upon observing an unauthorized item in the right-of-way, the City Manager or designee is authorized to notify, in writing, the owner of the adjoining premises that the City intends to remove such item at the owner's expense. Such notice shall be served by hand delivery or posted in a conspicuous location on the premises.
C. 
After service of the notice, the owner shall remove the unauthorized item from the right-of-way within 24 hours. If he or she fails to do so, the City may remove the item in violation at the owner's expense.
[Amended 7-19-2021 by Ord. No. 250]
1. 
If the item is a rubbish or recycling receptacle, the City shall remediate and serve notice to the owner and occupants (when applicable) of the premises upon which, or adjacent to which, a violation of this section occurred.
a. 
For the first violation in a calendar year, the property owner or occupant shall receive a written warning (via first-class mail or hand delivery), as well as a copy of the ordinance from which this section derived; and
b. 
Any subsequent violations shall be served by hand delivery to or posted in a conspicuous location on the premises and result in a $50 fine.
Such charges shall be billed, collected, and, in all cases, there shall be an additional late charge (consistent with the penalty assessed in Section 19-13, Bills and billing; penalty for late payment) if the fee is not paid within 30 days of the notice date, or in the event an appeal is filed and denied, within 30 days of the mailing of the denial notice.
Notice of the existence of and reason for such a lien shall be mailed to the property owner's last known address. If payment is not received, the City may levy a single-lot special assessment to recover such costs pursuant to Chapter 17, Article V, of the City Code.
2. 
If the item is not a rubbish or recycling receptacle, the City may dispose of the item or contract to do so and send the owner an invoice for the actual cost of removal and disposal plus a $50 administration fee. Such invoice shall be paid within 30 days. If payment is not received, the City may levy a single-lot special assessment to recover such costs pursuant to Chapter 17, Article V, of the City Code.
3. 
If the item is a rubbish or recycling receptacle containing waste, the City shall take the necessary measures to dispose of the waste or contract to do so and send the owner an invoice for the actual cost of the disposal and an additional $50 administration fee. Such invoice shall be paid within 30 days.
4. 
If payment is not received in any of the cases identified in Subsection C(1) through (3) above, the City may levy a single-lot special assessment to recover such costs pursuant to Chapter 17, Article V, of the City Code.
D. 
This section shall not be construed to limit the authority of the City to relocate or remove unauthorized items from the right-of-way at the City's own cost without prior notice to the adjoining owner.
Any person aggrieved by a regulation pursuant to the provisions of this article or fee charged hereunder shall have the right of appeal to the City Council, which shall have the authority to confirm, modify, or revoke any such regulation or fee.