[Added 1-3-2000 by HB
99-05; 2-17-2004 by HO-2004-01;
2007-05; 4-16-2007 by HO-2007-05, 12-5-2016 by HO-2016-02]
A.
Applicability. All refuse container(s) located on property used for
commercial, industrial, institutional, or nonprofit purposes, or on
property used for any purpose other than single family residential
(except those refuse containers temporarily placed on property due
to construction, renovation, or rehabilitation) shall conform to this
article.
B.
Refuse containers shall be:
(1)
Enclosed with a brick masonry wall, or a stockade-type fence
constructed of painted or treated wood, or a chain link fence constructed
with interwoven vinyl slats which make the enclosure sight-tight,
as well as landscaping designed to effectively screen the special
refuse container(s) from the street level view year round, or other
such material as may be approved by the City;
(2)
Gated with the gates remaining closed at all times when the
special refuse container(s) are not being loaded or unloaded;
(3)
Located to the rear or side of the property; and
(4)
Located so that they are at least 50 feet from any residential
property line.
(a)
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 residential structure in a location
acceptable to the City.
(b)
Any decision of the City as to the nonconforming location shall
be based upon consideration of the following factors:
[1]
The hardship to the property owner/tenant.
[2]
The interest of the public, particularly nearby residents.
[3]
The degree of variance from the City standard.
[4]
The accessibility of the location for all intended users as
well as for removal of refuse.
[5]
Any applicable law or regulation of any governmental entity.
(c)
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.
(d)
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.
(e)
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(4)(b) until such time as the refuse container or surrounding structure is rebuilt or substantially reconstructed.
C.
Appeals.
(1)
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 outlined
in B(4)(b) above.
(2)
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.
(3)
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.
(4)
The City Administrator or the City Administrator's designee
(the Hearing Officer) shall conduct a hearing as soon as possible.
The hearing shall be open to the public, records and minutes shall
be maintained and the person aggrieved Code Enforcement shall be given
an opportunity to present evidence.
(5)
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(4)(b) above. This decision shall be final.
