For the purpose of this chapter, the following terms shall be defined as follows:
"Garbage"
includes and means all classes of kitchen and table refuse, house refuse, offal, swill, and also every accumulation of animal or vegetable matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruit or vegetables, and other noxious and unwholesome substances, including unwholesome meat, fish, fowl, birds, fruit or vegetables.
"Garbage collector"
includes and means the city or its duly authorized servants, officers or employees, or any person with whom the city has executed a written contract therefor, having the exclusive right to gather and collect garbage and rubbish within the city.
"Refuse"
includes and means broken crockery, broken or discarded bottles, broken glass, tin vessels, tin cans, tin containers, pasteboard boxes, berry, fruit or other boxes, barrels, or containers, paper, rags, straw, feathers, sawdust, packing material, shavings, dirt and noncombustible waste, ashes, cinders, manure, and any and all other materials which cannot be defined as garbage, but which are rejected, abandoned or discharged by the owners or producers thereof as useless or no longer desired by the owners or producers. "Refuse" also includes leaves, trimmings from lawns, trees, or shrubbery, or rubbish, or waste matter produced by the tearing down, alteration or construction of buildings, or discarded metal or other mineral substances from garages, auto wrecking establishments or factories.
(Ord. 76-1 §§2, 3, 1976; Ord. 95-10 §1, 1995; Ord. 09-05 §1, 2009)
The following rules, as contained in this chapter, covering the handling of accumulation of garbage, rubbish and waste matter to be observed by the occupants of places of residence and places of business in the city are established.
(Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
It is unlawful for any person occupying or maintaining any premises within the city where refuse is created, produced or accumulated upon such premises, to fail to or neglect to provide a receptacle for the purpose of keeping all refuse accumulated on the premises therein, and it shall be the duty of each such person to place all refuse, as defined in this chapter, in such receptacle as provided for such purpose.
(Ord. 76-1 §5, 1976; Ord. 09-05 §1, 2009)
A. 
1. 
It is unlawful for any person occupying or maintaining any property within the city where garbage or refuse is created, produced or accumulated upon such property to fail to or neglect to provide a sealable container with handles and a close-fitting cover and with the maximum capacity of thirty-three gallons, and not more than fifty pounds when filled, for receiving and holding, without leaking or escape of odors, all garbage and refuse which is produced, created or accumulated upon such property between the times for the removal or collection of garbage or refuse as hereinafter provided, and such persons shall deposit therein all such garbage and refuse which is produced, created or accumulated upon the property. Containers shall at all times be kept in a sanitary condition and shall be located in such places to be readily accessible for removing and emptying, but shall not be placed within the limits of any street or alley in the city or any other place so as to constitute a nuisance.
2. 
The requirement of subsection (A)(1) shall be fulfilled by vendor/franchise-supplied containers that may deviate from subsection (A)(1) in size and weight if this is available.
B. 
Owners or occupants of single-family residences, multiple dwellings of four or less units, commercial uses, and mixed residential/commercial uses shall provide not less than one sealable container, as described in subsection A of this section, for each residential unit or use. But if vendor/franchise-supplied containers are available these containers shall be used consistent with the provisions of subsection (A)(2).
C. 
Except as otherwise provided in this chapter, the contents of such container or containers and the contents of any bin, box or receptacle used for the storage of garbage or refuse as provided in this chapter shall be made available for not less than once a week to the garbage and refuse collector for removal as provided in this chapter.
D. 
Occupants of property shall be responsible for placing garbage containers no earlier than twenty-four hours prior to the day of collection and shall remove the container not later than midnight on the day of collection to a place where they cannot be seen from the street. If automated truck pickup is utilized by the vendor/franchise, the container shall be placed for collection in an accessible location considering all aspects such as parked vehicles.
E. 
It is unlawful for any person to bury or burn any garbage within the city or spread or scatter the same therein; however, occupants of property may feed kitchen and table refuse meat, bones, vegetable and other matter fit for domestic animals belonging to such occupants on the premises where such matter is produced.
F. 
Multiple dwellings of five or more units may apply for garbage and refuse bins in accordance with Section 8.04.050(B).
(Ord. 76-1 §4, 1976; Ord. 85-5 §1, 1985; Ord. 09-05 §1, 2009)
A. 
Temporary Drop Boxes. Any person, firm, corporation or other entity may apply to the city manager for a permit to use a temporary drop box or receptacle to remove or cause to be removed refuse situated upon the property of such person or entity. Such a permit may be granted by the city manager if, in his or her opinion, the quantity of material to be removed is unusually large or other unusual circumstances indicate that such gathering and removal would be in the best interest of the city. Such a permit may be temporary for a term specified therein, and may be issued subject to any condition reasonably needed to protect the public health, safety and welfare. Drop boxes or receptacles so permitted shall be placed only in locations specified by the city manager. A fee shall be charged for such temporary permit as established by the city council from time to time by resolution.
B. 
Bins. All bins in permanent enclosures shall be set upon concrete pads with concrete roll-out aprons. In addition, bins and enclosures for all new building projects shall be consistent with the following requirements unless, in the opinion of the city manager, a requirement in a particular case is not practicable, in which case the city manager may waive that requirement.
1. 
Storage Requirements.
a. 
Storage areas are those portions of a building project devoted to placement of garbage and refuse bins.
i. 
Size. Storage areas shall be large enough to accommodate the needs of the building project, including anticipated future expansion of the project.
ii. 
Maneuverability. Adequate space shall be provided in the immediate storage area so that collection equipment can remove and empty garbage and refuse bins without damaging the bins, equipment or other property.
b. 
Storage enclosures are walls, fences or other structures designed to enclose garbage and refuse bins.
i. 
Design. The design of storage enclosures shall conform to city standard specifications and drawing.
ii. 
Screening. All garbage and refuse bins shall be screened from public view. Such screening shall be of wood or masonry block construction.
iii. 
Cleaning. Hot or cold water faucets and water drains shall be provided in order to ensure continued cleanliness of storage areas, enclosures, and garbage and refuse bins.
c. 
Garbage and Refuse Bins.
i. 
Special Containers. Building projects may install special purpose waste containers (e.g. compactors, debris boxes, etc.) in order to meet special handling needs.
ii. 
All garbage and refuse bins and special purpose waste containers shall be large enough to accommodate the needs of the building project.
2. 
Collection Requirements.
a. 
Access to Storage Areas.
i. 
Distance. Storage areas shall be located as near as practicable to public roads in order to minimize the distance traveled by collection vehicles through a building project.
ii. 
Roadway Width. Roadway widths along which collection vehicles must travel shall be at least twenty feet wide.
iii. 
Clearance Heights. Clearance heights above routes traveled by collection vehicles shall be at least fourteen feet.
iv. 
Roadway Obstructions. Areas adjacent to routes traveled by collection vehicles shall be free of over-hanging signs, wires or other structures in order to allow adequate clearance heights.
v. 
Turnarounds. Adequate turnaround areas for collection vehicles shall be provided where through exits are not available.
b. 
Access to Bins and Other Containers.
i. 
The air space above bins and special purpose containers shall be free of obstructions (structures, wires, etc.) in order to permit effective servicing of such bins and containers by front loaders and other specialized collection equipment.
ii. 
Parking spaces shall be laid out in a manner that will permit ready access to storage areas by collection vehicles.
iii. 
Bins and containers in unusual locations and storage areas that are sloped or at elevations higher or lower than the roadway providing access thereto shall be accessible to the waste hauler.
(Ord. 85-5 §3, 1985; Ord. 09-05 §1, 2009)
The city, its duly authorized servants, officers or employees, or any person with whom the city has executed a written contract therefor, shall have the exclusive right to gather and collect garbage and rubbish within the city. It is unlawful for any other person to collect or remove or dispose of garbage or rubbish within the city.
(Ord. 76-1 §7, 1976; Ord. 85-5 §2(part), 1985; Ord. 90-01 §1(part), 1990; Ord. 2001-02 §1(part), 2001; Ord. 09-05 §1, 2009)
The city of Waterford may issue special permits for the following reasons only: for a business, company, corporation, church, apartment or other nonresidential commercial enterprise to haul solid waste generated as a result of activities at their premises, provided that Section 8.04.064 of this chapter is followed.
(Ord. 2001-02 §1(part), 2001; Ord. 09-05 §1, 2009)
Applicant shall complete and file the form for the special permit at City Hall and shall not engage in the collection, removing or disposition of solid waste prior to a permit being issued. Applicant shall return to the city manager verification from the disposal site that such material was disposed of at the appropriate site.
(Ord. 2001-02 §1(part), 2001; Ord. 09-05 §1, 2009)
A. 
A contract may be entered into for the collection and disposal of garbage and refuse in the city in accordance with and subject to the terms and conditions of this chapter, and in the event such contractor, or his, her or its agents, shall have the right to collect all garbage and refuse in the city. Such contract shall provide that the contractor shall and will collect and dispose of all garbage and refuse accumulated in the city during the term of the contract and in the manner provided in this chapter, and shall not charge an amount in excess of the rates specified in the contract. The vehicle in which garbage or refuse is transported through the city streets shall be of a design satisfactory to the city council.
B. 
Before entering into such a contract the city may, but shall not be required to, call for bids for such a contract. In the event the council elects to call for bids for such a contract, the form or proposals and the time and place for receiving bids shall be fixed by resolution of the city council. A notice thereof shall be published one time in a newspaper published in the city, which notice shall specify the time the contract is to run. The scheduled rates offered by each bidder shall be based upon the following classifications:
1. 
Private dwellings and residences;
2. 
Stores and business houses;
3. 
Mobile homes in mobile home parks;
4. 
Hotels, apartment houses and rooming houses; and the city council shall have the right to reject all bids. Where bids have been so solicited and received and where the council has not elected to reject all bids, the contract shall be awarded to the person, firm or corporation offering to collect and dispose of the garbage and refuse produced or accumulated within the city at the lowest rates and in accordance with the terms and conditions of this chapter.
C. 
No contract or bid for the collection of garbage and refuse shall be considered by the city council which proposes higher rates or charges than the rates to be fixed by the city council from time to time by resolution.
D. 
If such a contract has been awarded and entered into by the city, the garbage collector shall be entitled to payment in advance for the collection of garbage and refuse on the first day of each month from each householder or other person, firm or corporation from whom or from which payment is due. In the event service is discontinued as provided in this chapter, a copy of a written notice of discontinuance shall also be given to the owner of the premises. Garbage service to any property or place for which the charge for such service is delinquent for a period of thirty days may be discontinued by the garbage collector five days after giving written notice to the occupant of the premises, and to the owner of the premises, that the service will be discontinued for nonpayment of service charges. The garbage collector shall furnish a copy of the notice of discontinuance to the city clerk within twenty-four hours after notice has been given. The city clerk shall promptly refer the notice to the building official for enforcement of this chapter. If the service is discontinued for failure to pay charges, the service shall not be resumed until the delinquent charges are paid. The city may be designated by agreement with the collector to bill and collect the fees for garbage and refuse service.
(Ord. 76-1 §8, 1976; Ord. 85-5 §2(part), 1985; Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
The owner of the real property upon which each residential unit is located shall be liable for payment of all charges for garbage or refuse service rendered for such premises, including the charges for garbage and refuse collection. Charges shall be a lien against all of the real properties served until paid.
(Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
The owner, proprietor, partner, corporation, or other business entity of each business, industrial or mercantile establishment shall be jointly and severally liable for payment of all refuse collection charges billed to such establishment.
(Ord. 90-01 §1(part), 1990; Ord. 95-06 §1, 1995; Ord. 09-05 §1, 2009)
The billing and collection of fees will be performed by the garbage collector. However, the city shall have the discretion to conduct the billing and collection of fees. If the city exercises this discretion, it shall bill and collect as follows: All such fees shall be included in the city utility bill, which utility bill shall also include waste water treatment plant charges charged and water charges to the same location and for which the same person(s) shall be liable. As indicated in Section 7.08.020 of this code, utility bills shall be deemed delinquent as to their unpaid portion if not paid in their entirety within thirty days of the date of the bill. Up-on becoming delinquent, and every thirty days thereafter during which any portion of the utility bill (including any delinquency charges already imposed) shall be subject to a ten percent additional charge, which charge shall be incorporated into the utility bill. If the utility bill remains delinquent for thirty days or more, the director of finance shall cause a notice to be mailed or delivered to the owner and the user of the premises which notifies the owner and the user that each party is jointly and severally liable for such charges and that each party shall be subject to civil action in any court of competent jurisdiction for all sums owed to the city unless payment of the entire utility bill is remitted forthwith. Nothing contained in this section shall be construed as affecting the personal obligations of any person liable for the payment of charges described herein, nor as limiting the city's right to commence or prosecute the civil action described above. If any such action to recover costs, fees, or charges is brought by the city under this section, such action shall include an award of attorneys' fees in a reasonable amount, as demonstrated by evidence presented and as determined by the court in which such action is brought.
(Ord. 92-13, 1992; Ord. 95-10 §1, 1995; Ord. 09-05 §1, 2009)
The city shall not be responsible for removing garbage, refuse, and other waste materials produced by factories, canneries, fruit and vegetable shippers, and other businesses that produce large quantities of such materials shall be removed and disposed of by the industry or business producing the materials at least once a week, except when the public health, safety, and welfare dictates more frequent removal.
(Ord. 85-5 §4, 1985; Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
Nothing herein shall prevent the occupant of the premises from placing organic materials in enclosed containers for the purpose of compost. Said compost shall be kept free of materials which cause fly or health and odor problems, and shall be subject to inspection by the county health officer, who shall enforce all health-related violations of this chapter.
(Ord. 76-1 §6, 1976; Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
It shall be the duty of the city manager, the chief of police, the public works director, or any of their assistants, to enforce the provisions of this chapter, and they shall have the power and authority to enter all premises at and during reasonable hours for the purpose of determining whether or not the provisions of this chapter are being obeyed.
(Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
No person shall have or permit upon any premises owned, occupied or controlled by him or her, any nuisance detrimental to health or any accumulation of garbage, rubbish or waste material or manure or any carcass of any animal, contrary to the provisions of this chapter.
(Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
In the event any garbage, rubbish or waste matter can or receptacle is found by the enforcement officer, or officers specified in his chapter, not to be in compliance with the provisions as set forth in this chapter, or detrimental to the public health, after inspection by such enforcement officer, a notice shall be served upon the owner, resident or tenant on the premises on which such can or receptacle is located by the enforcement officer stating that the can or receptacle is condemned, it must be removed and replaced by one which complies with the provisions of this chapter within a period of five days.
(Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
The notice shall also state that if the can or receptacle is not removed and replaced within the same time, the enforcement officer shall remove the can or receptacle from the premises. The enforcement officer is empowered to condemn and remove from the premises such can or receptacle and upon such removal, the owner, resident or tenant shall be liable to the city for the sum of fifty dollars to defray the cost of removal thereof, which amount may be added to any fees otherwise provided for in this chapter.
(Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
In the event the can or receptacle is removed by the enforcement officer, a notice shall be posted in a conspicuous place on the premises stating that the can or receptacle shall be destroyed. If such can or receptacle shall be held for a period of thirty days after posting and, if no action is commenced to recover possession of such can or receptacle, the same shall be summarily destroyed. If such can or receptacle is held by a court in any action to be detrimental to the public health, the same shall be summarily destroyed immediately after the decision of the court has become final.
(Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
The exercise of any power under this section is not to be construed as an exclusive remedy or as an election to proceed under it only and shall not be a bar to any other procedure or prosecution under any section of this chapter, the Waterford Municipal Code or the laws of the state.
(Ord. 90-01 §1(part), 1990; Ord. 09-05 §1, 2009)
No person shall place any rubbish or waste matter or permit or allow any rubbish or waste matter to be placed in the city's or any other person's receptacles without the consent of the city or such other person.
(Ord. 90-01 §1, 1990; Ord. 09-05 §1, 2009)
Any person aggrieved by the interpretation and application of the requirements of the provisions of this chapter may appeal to the city council by filing a written notice of appeal with the city manager setting forth his or her objections. After hearing the objections of such person and giving due consideration thereto, the council shall make its decision on the matters contained in the appeal, and its decision shall be final and conclusive.
(Ord. 90-01 §1, 1990; Ord. 09-05 §1, 2009)
Any act declared by this chapter to be unlawful shall be an infraction, except as set forth below, and any such act shall be punishable by fine as prescribed by law for conviction of an infraction. Fines shall not, however, be less than one hundred dollars plus court assessment for the first offense, two hundred dollars for the second offense within a twelve-month period, and five hundred dollars for any additional offenses within a twelve-month period. Transporting of waste referred to in Sections 8.04.062 and 8.04.064 of this chapter outside of the city of Waterford without written approval from the city manager, for the city of Waterford, or any garbage hauling without a special permit shall be a misdemeanor.
(Ord. 76-1 §9, 1976; Ord. 80-7 §1, 1980; Ord. 85-5 §2, 1985; Ord. 90-01 §1, 1990; Ord. 2001-02 §1, 2001; Ord. 09-05 §1, 2009)
When necessary to protect the health of its citizens the city may also abate violations of these codes. In the case of the abatement the violator shall not be relieved of the applicable judicial remedies. The city may recover the cost of abatement including any applicable administrative expenses by billing the property occupant or property owner. If the abatement expenses are not paid to the city these expenses may be added to the property tax bill.
(Ord. 09-05 §1, 2009)