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.
6.
Framing and finishing lumber.
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.
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.
[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.
[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.