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Village of Baroda, MI
Berrien County
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[Ord. No. 170, 7-6-2010]
It is the intent of the Village Council that this article be liberally constructed for the purpose of providing a sanitary and satisfactory way of collecting and disposing of Village wastes. The township board may make such rules and regulations as from time to time appear to the board to be necessary to carry out this intent, provided that such rules and regulations do not conflict with this article.
[Ord. No. 170, 7-6-2010]
As used in this article:
GARBAGE
The putrescible and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INHABITABLE RESIDENTIAL DWELLING
Any room or combination of rooms in which one or more persons are residing in, any multiple dwelling intended to serve more then one family. Each unit thereof shall constitute an inhabitable residential dwelling, and each unit shall be assessed for one container.
RUBBISH
The miscellaneous waste matter resulting from housekeeping including ashes, cartons, tin cans, metals, small packing boxes and waste papers, and similar items but excluding loose residential yard waste consisting of grass clippings and/or leaves, discarded materials from building construction, trees, brush consisting of branches and sticks, automobiles and their component parts exceeding 35 pounds in weight or six feet in length, as well as tires of any type.
[Ord. No. 170, 7-6-2010]
All inhabitable residential dwelling units within the township are assessed on a per unit basis, including all multi-unit inhabitable residential dwellings. The per inhabitable residential dwelling assessment shall be determined by the township board and amended accordingly as needed given the costs associated with garbage and rubbish collection. The township shall determine the number of units at any given address and anyone considering himself or herself aggrieved may, within 20 days following the receipt of the first billing under this article, protest his or her assessment to the township assessor who may or may not make an adjustment based upon the facts and information provided to the township assessor.
[Ord. No. 170, 7-6-2010]
Garbage and rubbish shall be collected by township approved contractors or township personnel at such times and pursuant to such rules and regulations as established by the township board. Such rules and regulations shall be published in a newspaper of general circulation in the Village at least once before such rules and regulations become effective and as often as the township deems it necessary.
[Ord. No. 170, 7-6-2010]
(a) 
Multi-use containers used for the storage of refuse shall be made of durable watertight, rust-resistant materials, shall be equipped with handles and wheels. There shall be one container per inhabitable detached residential dwelling and one container for each inhabitable residential dwelling located in any duplex, triplex and fourplex. This container shall be provided by the refuse hauling company. Containers for buildings consisting of five or more inhabitable dwelling units or for clustered residential dwelling units including, but not limited to, manufactured housing parks, apartments, or clustered housing under a condominium form of ownership shall be reviewed and approved by the township board pursuant to availability of any such container by the refuse hauling company.
(b) 
Single-use containers shall be disposed of with the refuse contained therein and shall be of sufficiently sturdy material as to prevent breaking or tearing of the contents prior to its collection.
(c) 
Business and manufacturing establishments may use other containers subject to the approval of the township board.
(d) 
Loose residential yard waste shall be stored in plastic bags conforming to the provisions of [§ 12-105(b)] of this article, the bags shall be purchased by the owner from the township.
(e) 
Loose recyclables shall be stored in plastic bags conforming to the provisions of [§ 12-105(b)] of this article, the bags shall be provided by the refuse hauling company at no additional cost to the owner.
[Ord. No. 170, 7-6-2010]
Collection from industrial and commercial premises are not required as part of this article. However, if an industrial or commercial premise wishes to retain the township to collect the garbage or rubbish they shall be given that right and shall pay the same fees as a "residential unit" for each container provided by the township.
[Ord. No. 170, 7-6-2010]
Every owner, occupant or lessor, or any agent thereof, of any residential dwelling, apartment complex, duplexes, condominium development, or manufactured home park or similar properties where garbage and rubbish accumulates from multiple households shall arrange with the township for garbage and rubbish collection under this article. It shall be the responsibility of the property owner to contract with the refuse hauling company for any additional receptacle(s). Every owner, occupant or lessor, or any agent thereof, of any industrial or commercial premise where garbage and rubbish accumulates shall arrange with the township or another contractor for garbage and rubbish collection.
[Ord. No. 170, 7-6-2010]
(a) 
The refuse hauling company shall collect residential refuse on the days established by resolution of the township board if placed in approved containers, which shall be placed at the side of the street or other approved location no sooner than 12:00 noon of the day preceding the scheduled collection. Empty containers, excess containers and unacceptable items shall be removed from the side of the street or other approved location the same day that collection is made.
(b) 
The refuse hauling company shall not collect hot ashes, hazardous waste, garbage which has not been drained of excess amounts of liquid, animal excrement, excepting properly bagged used cat litter and animal bedding, commercial waste, construction waste, residential yard waste, or any loose material not properly bagged.
[Ord. No. 170, 7-6-2010]
(a) 
The rates for refuse collection shall be established by township board resolution and amended at such times as deemed necessary by the township board to defray the cost of collection.
(b) 
All charges for refuse collection and disposal shall be placed or included on township tax bills, where possible, and payable per the terms outlined on the tax billing. If tax bills are not normally sent to a property owner a separate bill shall be sent to the property owner, the terms, conditions and collection authority shall be identical to the other bills sent.
(c) 
Charges for loose recyclables shall be included in the monthly residential unit rate, charges for yard waste recycling shall be born by the individual property owner, at their discretion. The additional charges shall be collected by the township from the property owner by selling dedicated bags for such use.
[Ord. No. 170, 7-6-2010]
Any person who shall violate any provision of this article shall be guilty of a municipal civil infraction as defined in Public Act 12 of 1994, amended Public Act 236 of 1961, being MCL 600.101-600.9939, and shall be subject to a fine of not more than $500. Each day this article is violated shall be considered as a separate violation.
[Ord. No. 170, 7-6-2010]
The township Ordinance Enforcement Officer is hereby designated as the authorized township official to issue municipal civil infraction citations directing alleged violators of this article to appear in court.
[Ord. No. 170, 7-6-2010]
A violation of this article is hereby declared to be a public nuisance or a nuisance per se and is declared to be offensive to the public health, safety and welfare.
[Ord. No. 170, 7-6-2010]
In addition to enforcing this article through the use of a municipal civil infraction proceeding, the township may initiate proceedings in the circuit court to abate or eliminate the nuisance per se or any other violation of this article.