[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]
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.
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.
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.
[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.
[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.