For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Any public way, generally of less width than a street, used
for public utility purposes and right-of-way and as an alternate secondary
or emergency route for vehicle and pedestrian traffic, generally situated
at the rear or alongside a tier of lots.
As defined by the Standard Building Code as adopted by section 3.02.051.
Nonputrescible solid waste consisting of tree, shrub, and
hedge clippings, providing that trunks and limbs shall not exceed
three inches in diameter and shall be cut in lengths not to exceed
five feet.
The building code of the city. (See section 3.02.051.)
Those employees of the sanitation service of the city.
A structure intended or used for the purpose of conducting
a commercial business enterprise.
A receptacle for the deposit of solid waste.
A structure intended for use and occupancy as a two-family
dwelling unit.
As defined by the Standard Building Code.
A cafe, restaurant, or other similar establishment serving
food or food products, including quick service drive-ins where food
is prepared and served.
Solid waste consisting of putrescible animal and vegetable
waste materials resulting from the handling, preparation, cooking,
and consumption of food, including waste materials from markets, storage
facilities, and handling and sale of produce and other food products.
Any solid waste placed on properties with or without the
consent of the owner or person in control where such waste constitutes
a nuisance detrimental to the public health and welfare.
Any church, church building, or structure housing any charitable,
philanthropic, or eleemosynary undertaking, or any school.
The person in charge of real estate used for apartment, institutional,
or commercial purposes.
The service rendered in collecting municipal solid waste
from containers, which containers can be handled in part by individuals
picking up the containers as distinguished from picking up containers
by mechanical means and which containers are too large for handling
by manual means.
Solid waste resulting from or incidental to municipal, community,
trade, business and recreational activities, including garbage, rubbish
(or trash), ashes, street cleanings, dead animals, and all other solid
waste other than industrial solid waste.
The person residing in a dwelling unit, specifically the
head of such household.
The record title holder of real property.
The area ordinarily intervening between the curbline of a
street and the inside property line.
A peripheral boundary of real estate.
A right-of-way used or dedicated to be used by any public
utility, including, but not limited to, services such as electricity,
telephone, gas, solid waste collection, water, sewer and drainage.
Any street, alley, easement or other right-of-way.
A structure intended for use and occupancy as a one-family
dwelling unit.
Nonputrescible solid waste, consisting of both combustible
and noncombustible waste materials; combustible rubbish (or trash)
includes paper, rags, cartons, wood, excelsior, furniture, rubber,
plastics, yard trimmings, leaves, and similar materials; noncombustible
rubbish (or trash) includes glass, crockery, tin cans, aluminum cans,
metal furniture and like materials which will not burn at ordinary
incinerator temperatures 1,600° Fahrenheit to 1,800° Fahrenheit.
A method of disposing of municipal solid waste on land without
creating a nuisance or hazard to public health or safety, by utilizing
the principles of engineering to confine the solid waste to the smallest
practical area, to reduce it to the smallest practical volume and
to cover it with a layer of earth at appropriate periodic intervals.
Any public thoroughfare for the passage of vehicle and pedestrian
traffic.
The manager of utilities of the city or any person authorized
to act for him.
Any wheeled conveyance.
(1997 Code, sec. 51.01)
(a)
Any person who shall violate any of the provisions of this article for which no other penalty is provided shall be subject to the penalty of section 1.01.009 of this Code of Ordinances.
(b)
The failure by either the owner or his agent, as the case may be, to comply with the notice set out in section 13.02.005(a) shall render such person guilty of a misdemeanor and subject to a maximum fine of $2,000.00, as set forth in section 1.01.009 of this code, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which the violation is continued or permitted.
(1997 Code, sec. 51.99)
The provisions of this article shall apply to all territory
within the city.
(1997 Code, sec. 51.02)
(a)
Containers required.
Every person occupying a residence
or duplex and every owner of an apartment shall provide such premises
with a sufficient number of solid waste containers or receptacles
to provide for the output of municipal solid wastes from those premises,
as is provided in this section.
(b)
Garbage containers.
Garbage containers or receptacles
shall be watertight and constructed of a solid and durable grade of
metal, plastic, or paper material.
(1)
In the case of those containers which are manually emptied by the
sanitation service employees of the city, the combined weight of the
waste and metal container shall not exceed 100 pounds and the combined
weight of the waste in a plastic or paper container shall not exceed
50 pounds.
(2)
Underground garbage containers are prohibited for use in the city.
(3)
All containers (except plastic or paper bags or other sack-type containers)
shall be provided with suitable lifting handles on the outside and
a close-fitting or other approved cover equipped with a handle.
(4)
Plastic or paper refuse bags or sack-type containers shall be constructed
of a material and in a manner conforming to the city’s standard
specifications therefor as approved by the superintendent of utilities.
All bag or sack-type containers shall be secured at the top to prevent
spillage.
(5)
The container shall not contain any inside structures, such as bands
or reinforcing angles, or anything within the container to prevent
the free discharge of the contents. Containers that have deteriorated
or that have become damaged to the extent that the covers therefor
will not fit securely or that they have jagged or sharp edges capable
of causing injury to sanitation service employees or other persons
whose duty it is to handle such containers shall be condemned by the
city, and if not replaced after notice to the owner or user they will
be removed along with the contents thereof.
(6)
The lid shall be close-fitting and shall remain in place covering
the container or receptacle at all times when there is any material
in the container. The lid may be attached by an appropriate means
to the rack upon which the containers are placed or to an adjacent
fence or other appropriate fixed object in order to prevent lids from
getting into the pathway of vehicles; provided, however, that no lid
shall be attached to the container itself. Containers which have the
lids directly attached to them constitute a hazard to sanitation service
employees engaged in the collection of solid waste and shall be condemned
by the city. If such attachments are not removed after notice to the
owner or user, such containers will be removed along with the contents
thereof.
(c)
Rubbish or trash receptacles.
Rubbish or trash containers
or receptacles shall be constructed of a suitable durable material.
(1)
In the case of those containers which are manually emptied by the
sanitation service employees of the city, no such container shall
exceed 100 pounds combined weight of the waste and metal container,
and the combined weight of the waste in a plastic or paper container
shall not exceed 50 pounds.
(2)
Underground rubbish or trash containers are prohibited for use in
the city.
(3)
Containers for small, loose rubbish or trash items shall either conform
to the requirements for garbage containers or shall consist of a basket,
cardboard box, or burlap bag, provided that the container is durable
enough to hold the contents during the collection process and provided
the capacity of the container shall not exceed 50 pounds, and that
the combined weight of the small, loose items of rubbish and trash
and the container shall not exceed 50 pounds, and further provided
that the container not be overloaded to the point where spillage occurs
from overflow, wind, or handling.
(4)
Plastic, paper, or other bag or sack-type containers for small, loose
items of rubbish or trash shall be secured at the top to prevent spillage.
(1997 Code, sec. 51.03)
(a)
Notice to remove.
It shall be the duty of the superintendent
of utilities to notify the owner or agent for management purposes
of any private premises within the city upon which any solid waste
material has been illegally placed or disposed to remove such solid
waste materials within ten days. This notice shall be in writing and
may be served on the owner or such agent by handing it to him in person
or by registered mail addressed to such owner or agent at his post
office address as shown on the tax rolls of the county, or, where
such address is not shown, then by notice by publication in a newspaper
of general circulation in the city as many as two times within ten
consecutive days, provided that such notice is not necessary when
such waste material is determined by the superintendent of utilities
to be an immediate health hazard.
(b)
Removal by city.
Upon the failure of any such owner
or agent to comply with the notice, as set out in this section, or
upon the written request and authorization of such owner or agent
so notified, or in the event that the superintendent of utilities
determines that such conditions constitute an immediate health hazard,
it shall become the responsibility of the superintendent of utilities
to have such solid waste materials collected and removed from any
property within the city.
(c)
Charge for removal.
A charge for each collection and
removal of solid waste materials shall be levied, assessed, and collected
against such property each time such collection and removal of solid
waste materials shall be performed, provided that an additional charge
can be levied, assessed, and collected against such premises for the
actual additional cost for said collection and removal. The charge
shall consist of the wages paid and equipment cost for the removal.
The charges provided for herein shall be levied, assessed, and collected
by the city secretary, and if any person shall fail to pay such charges
so assessed within 30 days after proper notice, the city secretary
will file with the county clerk a statement by the superintendent
of utilities, setting out the expenses that the city has incurred
pursuant to the provisions of this section, and the city shall thereby
perfect a privileged lien on the property involved, second only to
tax liens and liens for street improvements, to secure the expense
to the city, together with 10% interest from the date such payment
is due.
(1997 Code, sec. 51.04)
(a)
It shall be the duty of every occupant of any residence or duplex
to provide a sufficient number of solid waste containers, at the place
designated by the superintendent of utilities for collection of municipal
solid waste from the particular premises, to provide adequate capacity
for the solid waste placed out for collection without overloading
the capacity of the containers provided therefor.
(c)
All collection of solid waste materials from residences or duplexes
shall be by city sanitation service crews or authorized contractors
of the city.
(1997 Code, sec. 51.15)
(a)
Placement of containers alongside alley or easement.
It shall be unlawful for any person to place any container within
any alley within the city, and in all cases where the garbage is to
be collected from the alley outlet, containers shall be placed entirely
within the lot line and adjacent to, but not in, the alley or other
public utility easement or public way utilized for this purpose. Suitable
racks and containers shall be provided by the occupant of any premises
where containers are deemed by the superintendent of utilities as
necessary to prevent overturn or spillage by the actions of animals,
wind, or other similar causes.
(1)
In the event a fence without a gate separates the alley from the
lot where the container is located, a platform rack for the container
or containers shall be constructed so that the top of the container
shall not be lower than level with the top of the fence nor higher
than five feet above the bottom of the fence or the ground at the
fence.
(2)
In the event a fence is constructed with an inset space for the placement
of solid waste containers outside the fence, but inside the lot line,
containers placed therein shall be protected from overturn or spillage
by a rack as specified herein.
(b)
Placement of containers alongside street.
Where a residence
or duplex is not served by an alley, public utility easement, or other
public way in the rear or alongside thereof, all containers shall
be placed just behind the curbline of the street abutting such property,
but shall not be placed in the street or on the sidewalk, or in any
manner placed where the containers will interfere with vehicular or
pedestrian traffic. Where special conditions exist which subject containers
so placed to overturn and spill, the superintendent of utilities may,
at his discretion, require such containers subject to overturn and
spill to be placed in a portable or movable rack.
(c)
Pack-out collection service.
Garbage containers shall
be placed at locations and under such conditions approved by the superintendent
of utilities for pack-out collection service by the sanitation service
of the city.
(d)
Rubbish, trash or brush.
Rubbish, trash, or brush as
defined in this article shall normally be collected from the alley.
(1)
Nonputrescible solid waste consisting of tree, shrub, and hedge clippings
shall be collected, providing that trunks and limbs shall not exceed
three inches in diameter and shall be cut in lengths not to exceed
five feet.
(2)
Rubbish, trash, or brush to be collected from the alley, public utility
easement, or public way, and not from the street, shall be placed
at the property line, but shall not be placed inside the alley, easement,
or public way in such a manner as to obstruct or interfere with vehicular
or pedestrian traffic.
(3)
Where rubbish, trash, or brush is not collected from the alley, public
utility easement, or other public way, but is collected from the street,
it shall be placed just behind the curbline of the street abutting
the premises, but shall not be placed in the street or on the sidewalk
in such a manner as to obstruct or interfere with vehicular or pedestrian
traffic.
(4)
Where the quantity of brush set out for collection is excessive,
the superintendent of utilities shall determine the amount of brush
to be collected at any one time, the day of its collection, and any
other matters pertaining to brush collection in order not to disrupt
normal service to other premises.
(5)
Rubbish or trash consisting of small, loose items shall be placed in an approved container as specified in section 13.02.004.
(6)
Rubbish or trash consisting of large bulky items, such as furniture
or appliances, shall be placed out for collection in an alley, whether
paved or unpaved, as specified by the superintendent of utilities.
(7)
All boxes and cartons must be broken down and bundled and no bundle
shall exceed 50 pounds in weight for collection by sanitation service
crews of the city.
(8)
Rubbish or trash collection service shall not be rendered as a pack-out
collection service.
(1997 Code, sec. 51.16)
(a)
The manual collection and removal of solid waste materials from apartments, institutions, and commercial establishments, as defined in this article, shall be performed by sanitation service crews of the city only where the containers conform to the requirements for containers for residential or duplex collection service, as specified in section 13.02.004, or as approved by the superintendent of utilities.
(b)
The placement of containers for collection from apartment houses,
institutions, and commercial establishments by city sanitation service
crews shall be approved by the superintendent of utilities. Rubbish
or trash collection shall not be rendered as a pack-out collection
service.
(1997 Code, sec. 51.17)
(a)
Where collection service is furnished by the sanitation service of
the city to these premises, all rules and regulations applicable to
residences and duplexes, as provided in this article, shall apply.
(b)
At any of the establishments in the downtown area where there is
insufficient space between any structure and the alley property line,
or the easement property line, to permit the placing of waste containers
as required by the provisions of this article relating to residences
and duplexes, the containers may be placed in such public way at the
very boundary thereof so as to permit the passage of pedestrian and
vehicular traffic, subject to the approval of the superintendent of
utilities. In those special locations, the owner or occupant of the
premises shall remove all containers immediately after the solid waste
material has been collected to a place within the structure situated
on the premises until the next regular scheduled time for collection.
(1997 Code, sec. 51.18)
The bodies of dead animals shall not be placed in solid waste
containers or in any street, alley, easement, or public way. The collection
and removal of dead animal bodies shall be a service of the city and
shall be furnished upon request or notification by any interested
person.
(1997 Code, sec. 51.19)
(a)
The scope of the service rendered by the sanitation service of the
city in the collection and removal of solid waste materials is intended,
in general, to serve the needs of dwelling units and their directly
related activities, operating businesses, and commercial establishments,
except as exempted from the provisions of this article. It is considered
to be beyond the scope of such service to collect or remove solid
waste materials generated by clearing, construction, or demolition,
and other such solid waste materials resulting from an activity beyond
the scope described above.
(b)
Solid waste materials which will not be collected and removed by
the sanitation service of the city as a regular service are as follows:
(1)
Rock, scrap building materials or other trash resulting from construction,
remodeling, or destruction by fire, the elements, acts of God, or
other causes resulting from a general cleanup of vacant or improved
property, or trees, brush and/or debris cleared from property in preparation
for construction or occupancy, shall not be collected and removed
by the city as a regular service, but these materials must be removed
at the expense of the owner or developer.
(2)
Industrial wastes resulting from manufacturing or processing operations,
including waste from food and vegetable produce houses, poultry dressing
establishments, and meat processing and meat packing plants, must
be disposed of by the owner or occupant of the building, business,
or premises where such wastes originate in the manner prescribed by
state law and any applicable ordinance. The superintendent of utilities
shall determine what wastes fall within the above industrial classification.
(1997 Code, sec. 51.20)
(a)
Authority of superintendent of utilities; assumption of risk by users.
(1)
All garbage and rubbish or trash or other solid waste materials must
be processed and/or disposed of at a location and in a manner approved
by the superintendent of utilities. All landfill operations, including
disposal procedures and determination of acceptable users, are the
responsibility of the superintendent of utilities or his authorized
representative.
(2)
Use of disposal sites, transfer stations, or other disposal facilities
operated by the city is restricted to the city sanitation service.
Individuals bringing garbage, trash, or rubbish to city disposal sites
must present a valid driver’s license as proof of residency.
(3)
Any person entering upon a city-operated disposal site for any purpose
shall be conclusively presumed to know and appreciate the hazards
and the extent of the damage which accompanies the accumulation of
scrap wood, glass, nails, trash, brush, waste and garbage of every
description, and the use of trucks, vehicles, and heavy machinery
to move, remove, bury, and dispose of same. Every person entering
upon any such site shall be conclusively presumed to have assumed
the risk of injury connected with or resulting from such hazards and
danger, and by his or her actions in entering upon such site, and
for and in consideration of the permission granted by the city to
enter upon such site, every person shall covenant and be deemed to
have covenanted not to sue and to indemnify, save harmless and defend
the city, its agents, officers, and employees from and against any
and all claims of any nature whatsoever for injury or damage to person
or property, whether real or asserted, arising out of or resulting
from the entry by such person upon any city-operated disposal site.
(b)
Use of city facilities; scavenging.
(1)
The superintendent of utilities shall have the authority to designate
which processing and/or disposal sites are to be opened to the public
and which are to be restricted to municipal vehicles only, provided
that no processing or disposal facility within the city will be opened
to solid waste material originating outside the city limits without
prior written permission and approval of the superintendent of utilities.
(2)
It shall be unlawful for any person to take, remove, or carry away
from any processing or disposal facility operated by the city any
garbage, rubbish, trash, or other solid waste material, article, thing,
or object situated thereon, whether or not same has monetary value,
without prior written permission and approval of the superintendent
of utilities. In prosecutions for this offense, it shall not be necessary
to describe the thing or things taken, removed, or carried away other
than as generally described herein or as article, thing, or item and
it shall not be necessary to allege that the same had value.
(c)
Approval of private disposal operations.
Processing
and disposal of solid waste materials by private persons shall be
permitted only after proper application has been made to the superintendent
of utilities as complying with all applicable city, county, and state
regulations pertaining to solid waste processing and disposal operations.
(d)
Operating hours of dump ground.
The hours that the dump
ground will be opened shall be determined by the city council.
(e)
Suspension or curtailment of private disposal operations.
The superintendent of utilities shall have the authority to curtail,
temporarily suspend or permanently halt any solid waste processing
or disposal operation being conducted by any private person which
does not conform to the requirements of city, county, or state regulations
pertaining thereto or shall in any manner jeopardize the public health,
safety, and welfare and to maintain that restriction until, in his
judgment, adequate measures have been taken to assure that removal
of the curtailment or suspension restrictions will not jeopardize
the public health, safety, or welfare.
(f)
Authority to reject materials.
The superintendent of
utilities shall have the authority to cause to be rejected for processing
or disposal any material which, in his judgment, would create a nuisance
by reason of emission of disagreeable odors, or would operate to make
the processing or disposal facilities unwholesome or adversely affect
the public health, safety, and welfare.
(1997 Code, sec. 51.22)
(a)
Method of billing; delinquency.
(1)
All solid waste collection and disposal charges and fees shall be
billed through the city in a manner which will show each customer’s
fees and charges separately from the water bill. The charges and fees
herein established and authorized shall be billed to the person in
whose name the water service connection is taken where the premises
are served with water and/or sewer and shall be billed to the person
in control of the premises. The person who is so billed and to whom
the services are made available shall be obligated to make payment
therefor as herein provided. The bill will become delinquent ten days
after it is rendered.
(2)
In addition to all other legal remedies available for the collection
of a debt, the following actions and remedies are authorized for delinquent
payment of the charges herein authorized:
(A)
The sanitation service may refuse to pick up and dispose of the garbage
at the delinquent location.
(B)
The water and/or sewer service, if any, serving the delinquent premises in question may be shut off and terminated in accordance with the termination procedures set forth in section 13.02.049.
(C)
All present water utilities guaranty deposits, upon termination of
sanitary service and/or water service, may be applied to any amounts
due either for sanitation service charges or fees of water utilities
bills.
(b)
General regulations.
(1)
Establishment of service charges will be based upon the current use
of the property, not the zoning district.
(2)
There shall be a proration of service charges for a portion of a
billing period. The initial billing shall be made concurrent with
the initial water billing.
(3)
Except as set forth herein, collection service shall be provided
by the sanitation service of the city for all collection, and such
service shall not be contracted through any other person.
(c)
Schedule of service charges.
The service charges under
this article for collection of waste, use of disposal sites and any
other service shall be as fixed from time to time by the city council.
(1997 Code, sec. 51.21)
(a)
It is the policy of the city to discontinue utility or waste collection
service to customers by reason of nonpayment of bills only after notice
and a meaningful opportunity to be heard on disputed bills. The city’s
form for application for utility service and all bills shall contain,
in addition to the title, address, room number, and telephone number
of the official in charge of billing, clearly visible and easily readable
provisions to the effect that:
(1)
All bills are due and payable on or before the date set forth on
the bill;
(2)
If any bill is not paid by or before that date, a second bill will
be mailed containing a cutoff notice that if the bill is not paid
within ten days of the mailing of the second bill, service will be
discontinued for nonpayment; and
(3)
Any customer disputing the correctness of his bill shall have a right
to a hearing, at which time he may be represented in person and by
counsel or any other person of his choosing and may present orally
or in writing his complaint and contentions to the city official in
charge of utility billing. This official shall be authorized to order
that the customer’s service not be discontinued and shall have
the authority to make a final determination of the customer’s
complaint.
(b)
Requests for delays or waiver of payment will not be entertained;
only questions of proper and correct billing will be considered. In
the absence of payment of the bill rendered or resort to the hearing
procedure provided herein, service will be discontinued at the time
specified, but in no event until the charges have been due and unpaid
for at least 30 days.
(1997 Code, sec. 51.23)
