[Amended 12-19-1983 by
HB 15-83; 5-5-1986 by HB 5-86; 6-1-1998 by HR 98-03, 1-3-2000 by HB 99-05, 4-16-2007 by HO-2007-06; 12-14-2009 by HO-2009-10, 12-5-2016 by
HO-2016-02]
Every multifamily rental facility with three or more rental units
must provide convenient recycling opportunities for its tenants in
the form of separate, designated drop boxes or containers for recycling.
Continued non-compliance with this section by a multifamily facility shall be treated as a violation of this chapter as well as Chapter 96 (Licensing of Rental Housing).
In order to effectuate the collection, conveyance and disposal of
refuse, each property owner, agent or manager of multifamily units
shall furnish such special refuse containers and provide for the collection
thereof.
All special refuse containers (except those temporarily placed on
property due to construction, renovation or rehabilitation) shall
be enclosed. The special refuse containers with enclosures, must be
placed to the rear of the property and located so that they are at
least 50 feet from any residential property line. The enclosure shall
be: a brick masonry wall or a stockade-type fence constructed out
of painted or treated wood, or a chain link fence constructed with
inter-woven vinyl slats which make the enclosure sight-tight, as well
as landscaping designed to effectively screen the special refuse container(s)
from street-level view year round, or other such materials as may
be approved by the City. Gates are required and shall remain closed
at all times whenever the special refuse containers are not being
loaded or unloaded.
In the event it is not possible to conform to the above fifty foot
requirement the container shall be located as far as possible from
the property line and from any neighboring residential structure in
a location acceptable to the City.
The nonconforming location of any refuse container shall be delineated
on a site map. The City may order a change in the nonconforming location
based upon compelling reasons that the location is not in the public
interest.
On July 1, 2007 all existing refuse containers must conform to this ordinance as to distance from residential property lines unless the owner/tenant has a pending appeal as outlined below, a final decision of the City allowing the location, or is covered in Subsection E immediately below.
Refuse containers which on the effective date of this ordinance are located 50 feet or more from any residential structure on a neighboring lot (but less than 50 feet from a residential property line) shall be exempt from the distance requirement in Subsection B(2) until such time as the refuse container or surrounding structure is rebuilt or substantially reconstructed.
No special refuse container may be emptied into a collection vehicle
by being rolled over a public sidewalk that is not part of an established
driveway leading to the property being served by the special refuse
container.
Violation of this section shall be punishable as a municipal infraction as provided in Chapter 20 of this Code. The fine for any single violation shall be $250, and the fine for each repeat offense shall be $500.
Any person aggrieved by any action of the City under this article except for the issuance of a municipal infraction citation, may appeal such action by filing a written notice thereof with the Head of Code Enforcement within 10 days of the action complained of. The Head of Code Enforcement or the Head of Code Enforcement's designee shall promptly schedule a conference with the appellant and any other person the Head of Code Enforcement may choose. After such conference the Head of Code Enforcement shall promptly issue a written opinion to the appellant. The decision shall be based upon the factors in Subsection B(3) above.
In the event the appellant is dissatisfied with the opinion of the
Head of Code Enforcement the appellant may further appeal the finding
of the Head of Code Enforcement to the City Administrator by filing
a written appeal. Any such appeal must be filed with the City Administrator
within 10 calendar days of the written opinion of the Head of Code
Enforcement.
Any appeal, whether to the Head of Code Enforcement or to the City
Administrator, shall not operate to stay any of the provisions or
requirements of this chapter unless the Head of Code Enforcement or
City Administrator shall otherwise order.
The City Administrator or the City Administrator's designee
shall conduct a hearing as soon as possible. The hearing shall be
open to the public and records and minutes shall be maintained and
the person aggrieved and the code enforcement department shall be
given an opportunity to present evidence.
The City Administrator or Hearing Officer shall within 10 days either reverse modify or affirm the action complained of and cause a written copy of the decision to be sent to the person aggrieved. Any decision shall be based upon the factors outlined in Subsection B(3) above. This decision shall be final.