[R.O. 2001 § 225.010; CC 1990 § 8-66; Code 1977 § 14.100(1); Ord. No. 91-7 § 2, 5-7-1991; Ord. No. 04-01 §§ 1 – 2, 2-3-2004; Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
For the purposes of this Chapter, the following words and terms shall be deemed to have the meanings indicated below:
APPROVED INCINERATOR
An incinerator which complies with all current regulations of the responsible local, State and Federal air pollution control agencies.
BULKY RUBBISH
Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefor.
COLLECTION
Removal of solid waste from its place of storage to the transportation vehicle.
COLLECTION PERIODS
When the collection point is in front of the premises or on the street, the solid waste, recycling and yard waste containers and bundles of tree waste permitted by this Chapter shall be placed no sooner than 4:00 P.M. the day prior to pickup. The solid waste, recycling and yard waste containers shall be returned to their appropriate storage place no later than 12:00 Midnight on the day of collection.
[Ord. No. 18-01, 1-2-2018]
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DIRECTOR
The Director of the solid waste management program of the City shall be the Mayor or such person as designated by the Board of Aldermen.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
DUMPSTER
Any container used for the collection of solid waste and/or demolition and construction waste in excess of ninety (90) gallons.
DWELLING UNIT
Any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.
GARBAGE
Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food.
HAZARDOUS WASTES
Any waste or combination of wastes, as determined by the State Hazardous Waste Management Commission by rules and regulations, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in serious, irreversible or incapacitating reversible, illness or pose a present or potential threat to the health of humans or other living organisms.
MAJOR APPLIANCE
Clothes washers and dryers, water heaters, trash compactors, dishwashers, conventional ovens, ranges, stoves, wood stoves, air conditioners, refrigerators and freezers.
OCCUPANT
Any person who, alone or jointly or severally with others, or any corporation, association, joint stock company, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
RECYCLABLE CONTAINER
The receptacle used to store authorized recyclable materials during the interval between collections. The container must be approved by the authorized hauler of the recyclable materials.
RECYCLABLES
Newsprint; brown, clear and green glass containers; steel or tin cans; aluminum cans; plastic milk jugs and plastic soda bottles, all rinsed and reasonably free of food, dirt and other contaminants. Also included as a recyclable is any other material that the City and contractor may hereafter mutually agree to collect as a recyclable. For the purposes of this Chapter, recyclables shall not include other solid waste, bulk rubbish or hazardous waste as defined in this Chapter.
REFUSE
Solid waste.
SOLID WASTE
Unwanted or discarded waste materials in a solid or semisolid state, including, but not limited to, garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.
1. 
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional, club or agricultural establishment.
2. 
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of dwelling units.
SOLID WASTE CONTAINER
The receptacle used by any person to store solid waste during the interval between solid waste collections.
SOLID WASTE DISPOSAL
The process of discarding or getting rid of unwanted material, in particular, the final deposition of solid waste by man.
SOLID WASTE MANAGEMENT
The entire solid waste system of storage, collection, transportation, processing and disposal.
STORAGE
Keeping, maintaining or storing solid waste from the time of its production until the time of its collection; and keeping, maintaining or storing solid waste, recycling and yard waste containers in an approved location that is not visible from the street frontage.
[Ord. No. 21-06, 5-4-2021]
STREET FRONTAGE
The linear distance which property abuts a public or private street or place.
[Ord. No. 21-06, 5-4-2021]
TRANSPORTATION
The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
YARD WASTE CONTAINER
Loose yard wastes not capable of being bundled shall be stored in containers.
YARD WASTES
Grass clippings, leaves, tree trimmings.
[R.O. 2001 § 225.020; CC 1990 § 8-67; Code 1977 § 14.100(2); Ord. No. 91-7 § 3, 5-7-1991; Ord. No. 04-01 §§ 1, 3, 2-3-2004; Ord. No. 11-09 §§ 1 – 2, 11-1-2011, Ord. No. 21-06, 5-4-2021]
A. 
The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the City shall provide sufficient and adequate containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment and to maintain such solid waste containers at all times in good repair.
B. 
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times. Solid waste containers shall be visible from the subject property street frontage only during designated solid waste collection periods. Any violation is subject to the provisions set forth in Section 230.090(A), Penalties.
C. 
Residential solid waste shall be stored in containers of not more than ninety-five (95) gallons. Residents can also use personal containers up to thirty-two (32) gallons in capacity which shall be leak-proof, water-proof, and a fly-tight lid and shall be properly covered at all times, except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. They shall be of light-weight and sturdy construction. The weight of any individual container and contents shall not exceed sixty (60) pounds.
D. 
Galvanized metal containers, or rubber, fiberglass, or plastic containers which do not become brittle in cold weather, may be used. Disposable solid waste containers with suitable frames or containers as approved by the Director may also be used for storage of residential solid waste.
E. 
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be water-proof, leak-proof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth hereafter in Section 230.060.
F. 
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed sixty (60) pounds.
G. 
Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed sixty (60) pounds. Yard waste containers shall be visible from the subject property street frontage only during designated yard waste collection periods. Any violation is subject to the provisions set forth in Section 230.090(A), Penalties.
H. 
Solid waste containers which are not approved will be collected together with their contents and disposed of.
I. 
Recyclable materials to be collected pursuant to an authorized recycling program shall be stored in such containers as are approved by the Director for collection by an authorized hauler of such materials. Recyclable containers shall be visible from the subject property street frontage only during designated recyclable collection periods. Any violation is subject to the provisions set forth in Section 230.090(A), Penalties.
J. 
No dumpster shall be set, placed or maintained in or upon any sidewalk, street, road or highway.
[R.O. 2001 § 225.030; CC 1990 § 8-68; Code 1977 § 14.100(3); Ord. No. 91-7 § 4, 5-7-1991; Ord. No. 03-11 §§ 1 – 2, 9-2-2003; Ord. No. 10-01 §§ 1 – 4, 1-5-2010; Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
The City shall provide for the collection of solid waste as follows:
1. 
The City may provide by a resolution duly adopted by the Board of Aldermen for the collection of all residential solid waste in the City. The City may provide for such collection service by contracting with a person, County, or other City, or a combination thereof, for the entire City or portions thereof, as deemed to be in the best interests of the City.
2. 
The City may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge thereof. If such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste produced upon any such premises.
B. 
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish. Bulky rubbish will be collected in accordance with the rules and regulations as promulgated by the Director. All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.
C. 
Tree limbs and yard wastes, as described in Subsections 230.020(F) and (G) respectively; shall be placed at the curb for collection no sooner than 4:00 P.M. the day prior to pickup.
[Ord. No. 18-01, 1-2-2018]
D. 
Solid waste collectors employed by the City, or a solid waste collection agency operating under contract with the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Chapter. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste. Commercial solid waste may be removed from within commercial establishments upon written request of the owner and approval by the Director.
E. 
The following collection frequencies shall apply to collections of solid waste within the City:
1. 
All residential solid waste, other than bulky rubbish, shall be collected at least one (1) time per week.
2. 
All commercial solid waste shall be collected at such lesser intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
F. 
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site shall be well drained, fully accessible to collection equipment, public health personnel and fire inspection personnel.
G. 
Solid waste collectors employed by the City, or a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Section 230.020. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.
H. 
If the City does not provide for the collection of solid waste, then the occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the City shall provide for the collection of said occupant's own solid waste and all other provisions of this Chapter pertaining to the regulation of solid waste shall remain in effect and compliance with this Chapter shall be in all respects as though the City provided for the collection of solid waste.
I. 
The Director shall establish the procedure for collecting recyclable solid waste by an authorized hauler pursuant to an authorized recycling program.
[R.O. 2001 § 225.040; CC 1990 § 8-89; Code 1977 § 14.100(4); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
All transportation vehicles shall be maintained in a safe, clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be constructed with water-tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste or, as an alternate, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
B. 
Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
C. 
Transportation and disposal of demolition and construction wastes shall be in accordance with Section 230.050 and Article II of this Chapter.
[R.O. 2001 § 225.050; CC 1990 § 8-70; Code 1977 § 14.100(5); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.254, RSMo., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Article II of this Chapter.
B. 
Hazardous wastes as defined in Section 260.360, RSMo., Missouri Hazardous Waste Management Law, will require special handling and shall be disposed of only in a manner authorized by State regulations.
[R.O. 2001 § 225.060; CC 1990 § 8-71; Code 1977 § 14.100(7); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
The Director shall make, amend, revoke, and enforce reasonable and necessary rules and regulations governing, but not limited to:
1. 
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
2. 
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
3. 
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
4. 
Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers.
5. 
Storage of solid waste in solid waste containers.
6. 
Sanitation, maintenance and replacement of solid waste containers.
7. 
Schedules of and routes for collection and transportation of solid waste.
8. 
Collection points of solid waste containers.
9. 
Collection, transportation, processing and disposal of solid waste.
10. 
Processing facilities and fees for the use thereof.
11. 
Disposal facilities and fees for the use thereof.
12. 
Records of quantity and type of wastes received at processing and/or disposal facilities.
13. 
Handling of special wastes such as sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
B. 
The City Clerk, or such other City Official who is designated by the Board of Aldermen, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and/or disposal service charges as hereinafter provided for.
C. 
A copy of any and all rules and regulations made and promulgated under the provisions of this Section shall be filed in the office of the City Clerk.
[R.O. 2001 § 225.070; CC 1990 § 8-72; Code 1977 § 14.100(8); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
It shall be unlawful for any person to:
1. 
Deposit solid waste in any solid waste container other than his/her own, without the written consent of the owner of such container and/or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal;
2. 
Fail to have solid waste collected as provided in this Chapter;
3. 
Interfere in any manner with solid waste collection and transportation equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City or those of a solid waste collection agency operating under contract with the City or occupant;
4. 
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
5. 
Dispose of solid waste at any facility or location which is not approved by the City and/or the State Department of Natural Resources;
6. 
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked;
7. 
Violate any Section of this Chapter or any other rule or regulation promulgated under the authority of Section 230.060.
[R.O. 2001 § 225.080; CC 1990 § 8-73; Code 1977 § 14.100(9); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
There shall be no service charge made by the City for the service of collecting and disposing of solid waste so long as privately owned and operated services are reasonably available in the City and such services are utilized by the residents on a voluntary basis by contract or otherwise. If the Director deems such services are not reasonably available or are not being utilized by the residents on a voluntary basis, the Director shall inform the Board of Aldermen and a service charge may be imposed by the Board of Aldermen for the collection and disposal of solid waste, and for the improvement of the general public health and environment, for each residential dwelling unit and each establishment other than a residential dwelling unit. The service charge for collection of residential solid waste shall be in such amount as the Board of Aldermen shall set from time to time by resolution. The service charge for collection of solid waste from establishments other than residential dwelling units shall be in such amount as the Board of Aldermen shall set from time to time by resolution.
B. 
The service and service charge, if any, imposed by the Board of Aldermen shall be terminated upon presentation of satisfactory proof to the Director that any such dwelling unit or establishment is unoccupied, and shall be commenced upon renewed occupancy thereof.
C. 
The system of services established by the provisions of this Chapter is designed as an integral part of the City's program of health and sanitation, to be operated as an adjunct to the City's system for providing other services for the residents of the City. The City may enforce collection of service charges imposed by the Board of Aldermen by bringing proper legal action against the occupant of any dwelling unit or owner of any commercial establishment or manager of any industrial, institutional, commercial or agricultural establishment or any club to recover any sums due for such services plus a reasonable attorney's fee to be fixed by the court, plus the cost of such action.
D. 
The service charge herein provided for by the Board of Aldermen is hereby imposed upon the occupant of each occupied dwelling or owner of any commercial establishment or manager of any industrial, institutional or agricultural establishment or any club unit and the billing therefor shall be made to the person contracting for City solid waste service or for other services provided to each such dwelling unit. In the absence of information as to the person who is either the owner or the tenant of such dwelling unit, the billing therefor shall be made to the owner. Service charges shall be payable to the City. The City Treasurer or such person as is designated by the Board of Aldermen shall collect the service charge by sending statements therefor to the occupant of each dwelling unit or such person hereinabove mentioned on a regularly scheduled basis, but not more often than once every three (3) months. If the collection of any commercial solid waste requires excessive collection time because of storage or collection conditions, the Board of Aldermen by resolution is authorized to increase the service charge for such service.
[R.O. 2001 § 225.090; CC 1990 § 8-74; Code 1977 § 14.100(10); Ord. No. 11-09 §§ 1 – 2, 11-1-2011; Ord. No. 21-06, 5-4-2021]
A. 
Any person violating any of the provisions of this Chapter or any lawful rules or regulations promulgated pursuant thereto, shall be punished as provided below but no more than one thousand dollars ($1,000.00); provided, that each day's violation thereof shall be a separate offense for the purpose hereof.
1. 
A warning for the first violation in any calendar year;
2. 
A warning stating "Second and FINAL" for the second violation in any calendar year;
3. 
A $25.00 fine for the third violation in any calendar year;
4. 
A $50.00 fine for the fourth violation in any calendar year;
[R.O. 2001 § 225.100; CC 1990 § 8-75; Code 1977 § 14.100(11); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without first obtaining a performance bond payable to the City in such amounts and with such bonding companies as may be determined by the Board of Aldermen; provided such performance bond may be waived by the Board of Aldermen for good cause.
[R.O. 2001 § 225.110; CC 1990 § 8-76; Code 1977 § 14.100(12); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
The Board of Aldermen of the City by duly adopted resolution may hold in abeyance, suspend or waive any of the provisions of this Chapter in the following situations:
1. 
The City has not contracted for the collection of solid waste and is not collecting solid waste.
2. 
In situations where enforcement of a provision would place an undue burden upon or would be unduly harsh or would create an unreasonable financial burden on either an occupant or other person.
[R.O. 2001 § 225.120; CC 1990 § 8-77; Ord. No. 91-7 § 5, 5-7-1991; Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
The City of Clarkson Valley shall be vested with ownership of:
1. 
Containers provided to residents by the City, which containers are designated for storage and collection of recyclable materials; and
2. 
Designated recyclable materials set out by the owner, lessee, or occupant of a residential dwelling or commercial building for collection by the City or its designated agent.
B. 
It shall be unlawful:
1. 
To use any container described in Subsection (A)(1) above for any purpose other than the collection and storage of designated recyclable materials; and
2. 
For any person, firm or corporation to take, steal or disturb any recyclable materials including newspapers, beverage cans, glass, aluminum and plastic containers for food and beverage and any other materials which may be designated for recycling by the City of Clarkson Valley; provided however, that this Subsection (B)(2) shall not apply to the owner, lessee, or occupant of a residential dwelling or commercial building described in Subsection (A)(2) above with respect to recyclable materials stored or set out for collection by said owner, lessee, or occupant of a residential dwelling or commercial building.
[1]
Cross Reference: As to business licenses, permits and miscellaneous business regulations, Ch. 605.
[R.O. 2001 § 225.130; CC 1990 § 8-91; Code 1977 § 14.100(6)(a); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the City without first obtaining an annual permit therefor from the City or without first having entered into a contract with the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit, or employees of the person having a contract with the City.
[R.O. 2001 § 225.140; CC 1990 § 8-92; Code 1977 § 14.100(6)(b); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
Applications for a permit required by this Chapter shall be filed with the City Clerk who shall deliver the application to the Director for processing as provided herein. No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the Director evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, with a performance bond in the sum of fifty thousand dollars ($50,000.00) in favor of the City and insurance coverage in the amount of one million dollars/two million dollars ($1,000,000.00/$2,000,000.00). Should any such policy be canceled, the Director shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.
[R.O. 2001 § 225.150; CC 1990 § 8-93; Code 1977 § 14.100(6)(c); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
A. 
Each applicant for any permit required by this Article shall state in his/her application therefor:
1. 
The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;
2. 
The characteristics of solid waste to be collected, transported, processed or disposed;
3. 
The number of solid waste transportation vehicles to be operated thereunder;
4. 
The precise locations of solid waste processing or disposal facilities to be used;
5. 
Boundaries of the collection area; and
6. 
Such other information as required by the Director.
[R.O. 2001 § 225.160; CC 1990 § 8-94; Code 1977 § 14.100(6)(d); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
If the application shows that the applicant for a permit under this Article will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the State and this Chapter, the Director shall issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year to the applicant and no fee shall be charged for the permit. If, in the opinion of the Director, modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Chapter, the Director shall notify the applicant, in writing, setting forth the modification to be made and the time in which it shall be done. The Director shall have the authority to limit the number of annual permits issued under this Section in order to preserve the health, comfort, safety and welfare of the residents, to promote energy conservation with good solid waste management practices.
[R.O. 2001 § 225.170; CC 1990 § 8-95; Code 1977 § 14.100(6)(e); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
If the applicant for a permit under this Article does not make the modifications pursuant to the notice in Section 230.160 within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of this application provided that all aspects of the reapplication comply with the provisions of this Chapter. Nothing in this Section shall prevent the denial of a permit should the total number of annual permits have already been issued.
[R.O. 2001 § 225.180; CC 1990 § 8-96; Code 1977 § 14.100(6)(f); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
The annual permit may be renewed simply upon filing an application with the City Clerk a signed application and stating on the application "No change from date of original application", and provided the business has not been modified, the collection vehicles meet the requirements of this Chapter and the renewal is approved by the Director. If modifications have been made, the applicant shall reapply for a permit as set forth in Sections 230.140 and 230.150. No permits authorized by this Article shall be transferable from person to person.
[R.O. 2001 § 225.190; CC 1990 § 8-97; Code 1977 § 14.100(6)(g); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
In order to ensure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management within the City. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal a violation of this Chapter, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State, the Director shall issue notice for each such violation stating therein the violation found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.
[R.O. 2001 § 225.200; CC 1990 § 8-98; Code 1977 § 14.100(6)(h); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the permit involved in the violation; however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
[R.O. 2001 § 225.210; CC 1990 § 8-99; Code 1977 § 14.100(6)(i); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
In the event a permit is revoked and the person continues to operate, the Director may request the action of a court of law to enjoin the acts and to enforce compliance with this Chapter or any rule or regulation promulgated thereunder. In any such action, the court may grant to the City such prohibitory or mandatory injunctive relief as the facts may warrant.
[R.O. 2001 § 225.220; CC 1990 § 8-100; Code 1977 § 14.100(6)(j); Ord. No. 11-09 §§ 1 – 2, 11-1-2011]
Any person aggrieved by any notice of violation or order of the Director issued pursuant thereto may, within ten (10) days of the act for which redress is sought, appeal directly to the Board of Aldermen, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.