No bulk storage container, storage container, storage device, pod or similar container shall be placed or maintained by any private party in or on any City property, street, or right-of-way except as set forth in § 498-2 below.
[HISTORY: Adopted by the Common Council of the City of Beverly 11-27-2007 by Ord. No. 2007-15. Amendments noted where applicable.]
No bulk storage container, storage container, storage device, pod or similar container shall be placed or maintained on any private property unless it complies with one or more of the following provisions:
A.
Such containers may be placed or maintained on a driveway or other suitably paved area for purposes of packing or unpacking goods and materials of the owner or occupant of the property in preparation for or subsequent to moving into or out of the property for a period of not more than 14 consecutive days.
B.
Such containers may be placed on a driveway or other suitably paved area for purposes of storing the goods and materials of the owner or occupant of the property when necessary during renovations or rehabilitation of the structure located on the premises in which the goods or materials would otherwise be located during the period of renovation or rehabilitation and up to 14 days prior to commencement and 14 days subsequent to completion of the work but in no event more than a total of four months.
C.
In any case in which a property is too small to allow placement of such containers within the property lines as set forth in Subsections A and B above, thus requiring placement on a street, sidewalk, or right-of-way, the bulk storage container, storage container, storage device, pod or similar container shall be subject to the same regulations set forth for trash dumpsters and roll-off containers placed on public property as set forth in § 498-3 below.
No trash dumpster, roll-off container, or similar container for trash or debris of any kind may be placed or maintained by any private party in or on any City property, street, sidewalk, or right-of-way except in compliance with the provisions of this chapter. Furthermore, no trash dumpster, roll-off container, or similar container for trash or debris of any type may be placed or maintained on any private property within the City except in compliance with the provisions of this chapter or in a manner and location as set forth on a duly approved site plan.
Prior to placement of any dumpster, roll-off container, similar container, bulk storage container, storage container, pod or similar container in or on any City property, street, sidewalk, or right-of-way, or in or on any private property (not covered by a duly approved site plan) the owner of the property using the container or person contracting for the use of such container shall apply for and receive a permit from the City pursuant to the provisions and standards set forth herein.
A.
Application for the permit shall be made to the office of the City Clerk, or such other office as the City Clerk may from time to time designate, on a form provided by the City.
(1)
The application shall require, among other things:
(a)
The full name, address, and other contact information for the owner of the container;
(b)
The person contracting for use of the container where such person is other than the owner of the property for which the container is to be used; and
(c)
The owner of the property with which the use of the container is associated.
B.
Any container to be placed on a street, sidewalk, or right-of-way shall be placed on the street in a legal parking place not designated as a handicap parking place by the City, and the placement must approved by the Director of Public Safety, and the container shall be equipped with appropriate reflectors or other safety markings so that the container will not constitute a hazard to traffic. The City Police, in the exercise of their discretion, may direct that additional markings, their location, or nature shall be supplemented or altered if the police determine such actions are necessary for the protection of the motoring public.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
The owner of the property associated with the use of the container or the contractor arranging for the use of the container shall provide the City with satisfactory proof of liability insurance covering any claims or losses for property damage or personal injury resulting from or occasioned by the placement of the container in an amount not less than $250,000.
D.
Any permit issued for placement of a container on a street, sidewalk, or right-of-way or other public property shall be valid for a period of 14 days and sticker or notice shall be prominently displayed on the property associated with the use of the container indicating the commencement and expiration dates of the permit.
E.
Any container placed on private property shall be placed on a suitable base to assure stability. If, in the opinion of the City Police, the location is sufficiently near to a public vehicular or pedestrian path, the permit may require suitable safety markings as set forth in Subsection B above.
F.
Any permit issued for placement of a trash dumpster or roll-off container or similar nonstorage container placed on private property shall be valid for a period of 30 days and sticker or notice shall be prominently displayed on the property associated with the use of the container indicating the commencement and expiration dates of the permit.
G.
Upon a showing of continued need for containers of any kind (such as during the course of major construction projects), permits may be renewed up to three times for like periods to the initial period upon application for renewal and payment of a renewal fee in an amount as set forth in Chapter 260, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A person applying for a permit under this chapter may apply for an extension of time to keep the storage or trash container in place as set forth in this section.
A.
Applications for extensions beyond those specified in §§ 498-2 and 498-4 shall be made to the City Clerk or his/her designee on a form to be provided by the City. The application shall contain full identifying information regarding the container, permit number, time it has been at the site, and reason for use. The application shall contain a narrative statement of the reason necessary for additional time. The application shall be accompanied by a fee in an amount as set forth in Chapter 260, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The application shall be reviewed and a determination made as to whether an additional extension should be granted and the duration of that extension within five business days of the filing of a complete application. In considering the application, the Clerk or his/her designee shall consider:
(1)
The length of time the container has been in place;
(2)
The reason for the container and the reasonableness of the time allotted under this chapter for completion of that purpose in light of all attendant circumstances;
(3)
The location of the container with respect to blocking or interfering with the efficient parking or passage of traffic, visual impact, nature of the neighborhood, and similar issues,;
(4)
Whether noise, litter, or similar quality of life problems have been associated with the use of the container;
(5)
Whether the delay in completing the work or project for which the container is necessary is beyond the reasonable control of the user of the container;
(6)
The additional time reasonably necessary to complete the work or project;
(7)
Such other factors as may be deemed reasonable and appropriate under the circumstances.
The person contracting for the use of the container and the owner of the property associated with its use shall be jointly responsible for compliance with the provisions of this chapter. Copies of the penalty provisions of this chapter shall be appended to the permit and shall be mailed with a copy of the permit to the owner of the container, the property owner, and any other interested party.
Violations of this chapter or any conditions of a permit issued pursuant to this chapter shall be subject to a fine of not less than $100 nor more than that allowed by law.[1] Each day or portion thereof that a violation continues shall be considered a separate violation. Any storage container, storage device, pod, trash dumpster, roll-off container, or similar container placed or maintained on City property, streets, sidewalks, or rights-of-way, or left in such location after the expiration of the permit for more than 10 days after the mailing of written notice to the owner of the container, the person contracting for the use of the container, and the owner of the affected property may be removed by the City at the owner's expense for removal and storage of the container. Notices to remove pursuant to this section shall be sent by certified mail, return receipt requested, or by personal delivery. Such charge for removal and storage of the container shall be in addition to any fines that may be imposed pursuant to this section.
The City Clerk shall provide notice of the adoption of this chapter to all businesses known to be renting or leasing storage containers and trash containers in the City within 30 days of the adoption of this chapter. This chapter shall become effective 20 days after adoption and publication according to law.