[CC 1990 § 25-21; Ord. No. 541 § 2(A), 1-21-1991]
A. This Section describes conditions that shall exist, conditions that
must not exist, actions that must be taken and actions that must not
be taken, all in connection with the storage of waste upon the premises
where the waste is generated. The persons responsible for seeing that
the conditions and actions described in this Section are complied
with depends upon the type of premises involved and are described
as follows:
1.
On residential premises or premises with mixed uses but containing
at least one (1) residence, it shall be the responsibility of every
person the age of seventeen (17) years or older residing on the premises
to see that the provisions of this Chapter are satisfied with respect
to disposal of residential waste generated on their premises, regardless
of whether the non-compliance was occasioned by the action or failure
to action of the person charged.
2.
On non-residential premises or premises with mixed uses but
containing at least one (1) non-residential use, it shall be the responsibility
of the person in possession of the premises, as well as each manager,
agent or employee of a person in possession of the premises, to see
that the provisions of this Chapter are satisfied with respect to
disposal of non-residential waste generated on the premises, regardless
of whether the non-compliance was occasioned by the action or failure
to act of the person charged.
3.
On all premises, it shall be a violation of Subsection
(A)(2) to do any act which would make the premises fail to comply with such Sections, whether or not the person charged resides on the premises or is in possession of the premises or is the agent or employee of a person in possession of the premises.
[CC 1990 § 25-22; Ord. No. 541 § 2(B), 1-21-1991]
There shall be provided on each premises where waste is generated, whether such premises are residential or non-residential, containers for the storage of all waste except bulky waste and demolition and construction waste. The containers shall conform to the requirements of Section
235.170 if for use on residential premises and shall conform to the requirements of Section
235.180 if for use on non-residential premises. The containers must be sufficient in quantity and size to hold all waste (except bulky waste and demolition and construction waste generated on the premises) between the times when the waste is generated and removed from the containers and the premises. The containers and the premises surrounding the containers shall be maintained in a neat, clean, odor-free and sanitary condition.
[CC 1990 § 25-23; Ord. No. 541 § 2(C), 1-21-1991]
Residential waste, other than residential waste from multifamily
premises of three (3) or more units or from premises having mixed
uses but containing at least one (1) residence, shall be deposited
and stored in galvanized metal containers or rubber, fiberglass or
plastic containers which are non-absorbent and do not become brittle
in cold weather or in plastic containers or plastic bags not less
than twenty (20) gallons nor more than thirty-five (35) gallons and
not to exceed seventy-five (75) pounds. Containers shall be leakproof,
waterproof and flytight and shall be properly covered at all times
except when depositing waste therein or removing waste therefrom.
The containers, other than plastic bags, shall have handles, bails
or other suitable lifting devices or features. Containers shall be
of a type originally manufactured for residential waste, with tapered
sides for easy emptying. They shall be lightweight and of sturdy construction.
Plastic bags used to contain waste shall be of sufficient strength
to be used one (1) time to store the waste actually deposited therein.
Waste generated on the premises shall be deposited in the containers
and shall be deposited in such a manner that the area surrounding
the containers and the containers themselves remain clean, neat, odor-free
and sanitary. This Section does not apply to demolition and construction
waste.
[CC 1990 § 25-24; Ord. No. 541 § 2(D), 1-21-1991]
Non-residential waste and residential waste from multifamily
residences of three (3) or more units, as well as residential waste
from premises having mixed uses, but which contain at least one (1)
residence, shall be stored in container(s) of sufficient size or pickup
frequency which are spillproof, leakproof and shall be covered at
all times except when depositing waste therein or removing waste therefrom.
Waste generated on the premises shall be deposited in the container(s)
and shall be deposited in such a manner that the area surrounding
the container(s) and the container(s) themselves remain clean, neat,
odor-free and sanitary. This Section does not apply to demolition
and construction waste. All solid waste and recyclables shall be picked
up at least once weekly.
[CC 1990 § 25-25; Ord. No. 541 § 2(E), 1-21-1991]
A. No person possessing or generating infectious, hazardous or special
waste shall permit such infectious, hazardous or special waste to
be placed in storage containers ordinarily used for waste that is
not infectious, hazardous or special waste, as the case may be.
B. No person possessing or generating infectious, hazardous or special
waste shall place such waste in storage containers which are not clearly
marked "INFECTIOUS WASTE" or "SPECIAL WASTE" as the case may be.
[CC 1990 § 25-26; Ord. No. 541 § 2(F), 1-21-1991]
No person shall deposit waste in any waste container (other
than a waste container on the premises where the waste was generated)
without the consent of the owner of such container.
[CC 1990 § 25-27; Ord. No. 541 § 2(G), 1-21-1991]
Tree limbs need not be placed in a waste container so long as
tree limbs are less than four (4) inches in diameter and are tied
in such a manner as to prevent the bundle from falling apart under
ordinary handling. The bundles shall not be longer than forty-eight
(48) inches and not thicker than eighteen (18) inches in diameter.
The weight of any individual bundle shall not exceed seventy-five
(75) pounds. In no case, shall tree waste be stored on any land or
premises for a period longer than fourteen (14) calendar days.
[CC 1990 § 25-28; Ord. No. 541 § 2(H), 1-21-1991; Ord. No. 599 § 1, 8-19-1991; Ord. No. 1781 §§ 1
— 2, 9-5-2001; Ord.
No. 2956, 6-19-2017; Ord. No. 3085, 1-22-2020]
A. Residential solid waste containers, recycling containers, and yard
waste shall be stored upon the premises where the waste was generated,
unless written permission for storage on other premises is obtained
from a person having authority to grant such permission. Containers
shall be stored inside the garage or within any side or rear yard
such that they are screened so as the containers are not visible from
a street which abuts the property. The maximum number of containers
stored and screened within any side or rear yard shall not exceed
seven (7) at any given time. Waste containers used for the storage
of residential waste, other than waste from multifamily premises having
four (4) or more units, shall be placed at the end of the driveway,
near the curb or mailbox, prior to the scheduled pickup. Waste containers,
including bundles of yard waste permitted by this Chapter, shall be
placed at the required collection point no earlier than 5:00 P.M.
on the day prior to the regularly scheduled collection day. Waste
containers shall be returned to their lawful storage area no later
than 11:59 P.M. on the day of collection.
B. Non-residential solid waste containers and tree waste generated on
non-residential premises shall be stored upon the non-residential
premises where the waste was generated, unless written permission
for storage on other premises is obtained from a person having authority
to grant such permission.
C. Fireplace wood shall be stored on a pallet with a six-inch clearance
at the bottom. Such pallet shall be of wood or metal. No more than
one-half (1/2) cord [four (4) feet by four (4) feet by eight (8) feet]
may be stored on the premises in front of the building, and no more
than four (4) cords may be stored on the premises behind the front
building line.
[CC 1990 § 25-28.1; Ord. No. 600 §§ 1 — 5, 8-19-1991]
A. Definitions. The following words, terms and phrases, when used in
this Section, shall have the meanings ascribed to them in this Subsection,
except where the context clearly indicates a different meaning:
LESSEE
Any person who leases all or a portion of a premises on a
day-to-day, week-to-week or month-to-month basis.
OWNER
Any person or persons or entity who has a vested fee simple
title, an equitable interest or a life interest in any lot or tract
of land or in a particular part thereof, whether such tract or lot
of land is held in common by joint owners.
PERSON HAVING CONTROL
Any occupant, agent, servant, representative or employee
of any owner or lessee or renter of any property who exercises any
control on behalf of the owner, lessee or renter over a particular
residence.
RENTER
Any person who rents all or a part of a premises on a day-to-day,
week-to-week, month-to-month basis. For purposes of this Section,
a person over the age of eighteen (18) years who is living in a household
with a parent but who is neither the owner, the lessee, the head of
the household or the person having control shall be considered to
be a renter, regardless of whether they pay rent for such occupancy
in money.
B. Any person who shall violate the provisions of Section
235.220 of this Chapter, hereinafter referred to as "Code," shall be noticed and warned as follows:
1.
Whenever it comes to the attention of the City or the City becomes
aware of the existence of a violation of the Code hereinafter referred
to as the "violation," the City shall investigate the violation and
have prepared a report concerning the same. If a violation of the
code is found to exist, a warning notice shall be left with any person
occupying such property, whether such person is the owner, renter
or lessee thereof, by delivering such warning notice to such person
or if no one is present in the property or refuses to accept the notice,
then by posting the warning notice on the front or side or rear entrance
to the residence or building.
2.
The warning notice provided in Subsection
(B)(1) shall contain:
a.
The address or legal description of the property;
b.
The ordinance number of the ordinance being violated;
c.
The nature and location of the violation;
d.
A notice of the penalty for failure to remove or abate the violation,
stating that if the nuisance reoccurs by the same occupier, owner
or person in charge, a summons will be issued without further notice.
3.
If the violation occurs where the residence or building is unoccupied, the property may be posted as provided in Subsection
(B)(1) and if the property is unimproved by placing the notice upon a tree or other object upon such property as may be available.
4.
A notice shall be considered as validly received if put in writing containing the same information as provided on the warning notice provided in Subsection
(B)(2) and shall be sent to the owner or any other person having control of the property at the last known address of the owner or at the address of the person having control by ordinary mail, postage prepaid.
C. Once a notice has been given to the head of the household, the renter,
the lessee or the person having control or the owner of a lot or tract
of land in or on which a violation has been created or maintained
and after abatement thereof the same violation recurs in or on the
same lot or tract of land by the same person or persons responsible
therefor, no further warning notice need be given. Thereafter, such
responsible person or persons may be summoned into Municipal Court
to answer to the charges against him/her. In addition to the court
costs normally assessed in all such cases, there shall be added thereto
all costs incurred by the City, if any, in abating the violation.
D. Upon neglect or failure to act upon the warning notice by the property
owner, head of household, renter, lessee or person having control
over said property, the City shall issue a summons as follows:
1.
Summons, Service Of. If a warning notice is given as provided in Subsection
(B) and if after the time for removal or abatement has lapsed the property is reinspected and the Inspecting Officer finds and determines that the violation has not been removed or abated or that there is a subsequent violation of the Code, the Inspecting Officer shall fill out and sign as the complainant a complaint and information form, hereinafter referred to as a summons, directed by name to the occupant, head of household, renter, lessee, owners or person having control of the property showing the address on which the violation is located and such other information as may be available to the Inspecting Officer as shown on the summons and specifying the Section of the ordinance which is being violated and setting forth in general the nature of the violation and may serve the summons on the occupant, head of household, renter, lessee, owners or person in control or any or all of such persons. The summons shall contain a date on which the case will be on the Municipal Court docket for hearing. The Prosecuting Attorney shall sign the original copy of all such summons and the original thereof shall be forwarded to the Clerk of the Municipal Court for inclusion on the court's docket for the date shown on the summons.
2.
Summons, Delivery By Mail. If no one is found at the property to accept a summons for failure to remove or abate a violation, the Inspecting Officer shall fill out and sign the summons as the complainant as provided in Subsection
(D)(1) and deliver the original and one (1) copy of the summons to the Clerk of the Municipal Court, who shall verify or insert the date that the case has been set for hearing before the Municipal Court. The Clerk shall than mail the copy of the summons by ordinary mail, postage prepaid to the person named therein at the address shown on the summons or at such other address as the person charged therewith may be found or shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person to whom addressed.
3.
Abatement By City — Costs Assessed To Person Responsible. If the occupant, head of house, renter, lessee, owner or person in control of property for which a warning notice has been given to remove or abate a violation fails to remove or abate the violation in the time specified in this notice, whether on public or private property, the City may remove the same and thereby abate the violation and, if necessary, may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the costs of the person or persons responsible for creating or maintaining the violation, if the cause therefor lies with any of the persons as defined in Subsection
(A).
4.
Payment Of Costs — Special Tax Bill Or Judgment. All costs
and expenses incurred by the City in removing or abating any violation
on any private property may be assessed against the property in the
form of a special tax bill, which special tax bill shall become a
lien on the property. Alternatively, the cost of removing or abating
the violation, whether on public or private property, may be made
a part of the judgment by the Municipal Judge, in addition to any
other penalties and costs imposed, if the person charged either pleads
guilty or is found guilty of causing, creating or maintaining a violation
on public or private property.
5.
Warning Notice, First Offense. In all cases where the violation on public or private property is the first offense of the specified ordinance violation for the person charged therewith, the warning notice provisions of Subsection
(B) shall be observed. The notice shall specify that the violation shall be removed or abated, which time shall not be more than one (1) day, except in emergency cases.
6.
Warning Notice, Subsequent Offenses. In all cases where the violation of public or private property is a repeat or continued offense on such property, after the expiration of the time period set out in Subsection
(D)(5) above, the warning notice provisions of this Section need not be observed. Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.
E. Violation. Any person, persons, firm, association or corporation violating any provision of the Code or any employee, assistant, agent or any other person participating or taking part in, joining or aiding in a violation of any provision of Section
235.220 of this Chapter, may be prosecuted as provided by law for the violation of ordinances of the City of Chesterfield and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) for any one (1) offense. Each day a violation continues after service of written notice to abate such violation shall constitute a separate offense.
[CC 1990 § 25-29; Ord. No. 541 § 2(I), 1-21-1991]
A. No person shall store in or place additional demolition and construction
waste in a waste container which is full.
B. The person who has requested that a mobile waste container be located
to receive demolition or construction waste or any person who may
lawfully require that a mobile waste container be removed from a site
shall require that a mobile waste container which is full be removed
and the waste deposited at an appropriate facility.
C. Demolition and construction waste shall be stored in a secure container
or otherwise secured to prevent dispersal by the wind.
D. Demolition and construction waste shall not be stored in a flood
plain unless it is stored in an approved waste container which is
properly anchored.
E. A mobile waste container is full if no more waste can be added to
it without making it unsafe or illegal to transport.
[CC 1990 § 25-30; Ord. No. 541 § 2(J), 1-21-1991; Ord. No. 1175 § 1, 6-17-1996]
The City Administrator may be authorized to solicit proposals
for an exclusive or non-exclusive contract for the collection and
disposal of solid waste from some or all of the residential, commercial
and/or other premises in the City. Such contract or contracts shall
be awarded by the City Council following the receipt of competitive
bids on specifications prepared by the City Administrator and approved
by the City Council. Each such contract or contracts shall be made
upon terms which are most advantageous to the citizens of the City,
as determined by the City Council, in regard to the quality of services
to be rendered, compliance with this Article and all other requirements
of law and fees to be charged by the contractor to the owners of the
premises to be served; provided, however, that no such contract shall
be for a term of less than one (1) year, except to the extent that
such contract is terminable upon the happening of certain conditions
as required or permitted by its express terms or by this Article.
Such contract or contracts shall include provisions for the collection
of residential solid waste one (1) day each week, collection of residential
recyclables one (1) day each week and collection of all commercial
solid waste at least once each week. No such contract shall be made
with or issued to a contractor who does not possess all the permits
and licenses to engage in the business of storing, collecting, transporting,
processing and disposing of solid waste contemplated by the contract
and required pursuant to this Article and other provisions of law.
It shall be the duty of all occupants or owners of premises within
the geographic area served pursuant to any such contract or contracts
to obtain and maintain the solid waste collection services to be provided
for such premises pursuant to this Article.