[Adopted 2-28-1984 by Ord. No. 895 as Ch. 236 of the 1984 Code; amended in its entirety 7-27-1999 by Ord. No. 1125]
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL UNIT
Any business or commercial establishment or business or multiple dwelling unit which does not receive residential refuse collection.
CONTAINERS
Rigid metal or synthetic material receptacles of substantial construction, inclusive of dumpster-type receptacles, in which all refuse from a commercial unit is stored until collection. All containers must have lids or covers.
GARBAGE
Putrescible animal, fish, fowl, fruit and vegetable wastes resulting from the handling, preparation, cooking, storage and consumption of food.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage, rubbish, street cleanings and commercial and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible waste material resulting from housekeeping, business enterprises and institutions, and includes, among other items, paper, cardboard, packing boxes, cartons, excelsior, tin cans, bottles, glassware, earthenware, rubber, rags, wood, leather, grass, leaves, furniture, household appliances and other similar material.
Owners, occupants or users of a commercial unit within the city shall provide a refuse container/containers in which all refuse emanating from such property can be stored until collected. Such containers shall be of substantial construction with covers and handles or other devices to facilitate loading into a refuse truck and shall comply with all federal and state regulations governing such containers or shall be of a type approved by the Director of Public Works. Such containers shall be covered at all times.
It shall be the duty of every owner, occupant or user of a commercial unit to maintain the collection area as well as the container/containers in a clean, neat and sanitary condition at all times. Nonconforming containers as well as unsanitary and unsightly collection areas must be brought into compliance upon being served proper notice by the Department of Public Works. Being served proper notice is the posting of the notice in a conspicuous place or delivery of same to the commercial unit's personnel. Up to an eighteen-hour waiting period shall be allowed before Department of Public Works intervention. Emergency situations may warrant a reduction or elimination of the waiting period.
Commercial refuse containers shall be maintained on the commercial or business premises at a location where the container shall not interfere with the healthful enjoyment of adjoining property or access to the premises for fire protection purposes.
A. 
Every owner, occupant or user of a commercial unit shall personally collect, convey and dispose of such refuse or shall make arrangements with a private refuse collecting company to have such refuse hauled away at the owner's, occupant's or user's expense. Refuse accumulated by commercial establishments shall be collected at least once each week. Where necessary to protect the public health, the Director of the Department of Public Works shall have the authority to require that more frequent collections be made.
B. 
Owners, occupants or users of a commercial unit may also arrange for weekly collection of refuse by requesting same from the Department of Public Works. To qualify and be included in the residential refuse collection, the items must be placed out for collection in the right-of-way in proximity of requesting commercial unit as well as meet the conditions and requirements of the preceding article (Solid Waste, Chapter 285, Article I, Residential Refuse Collection) pertaining to acceptable waste, unacceptable waste, rules and regulations and containers.
A. 
All commercial refuse shall be collected by a private refuse collecting company only between the hours of 6:00 a.m. and 8:00 p.m.
B. 
Commercial refuse placed in the right-of-way to be collected with the city's residential refuse collection must be placed out by 7:00 a.m. of the scheduled day of collection, but not before 11:00 p.m. of the day preceding this collection.
Should the owner, occupant or user of a commercial unit fail to comply with the preceding sections of this article, the Department of Public Works may enter upon such premises and remove any and all refuse which has accumulated on such property. Any costs incurred by the Department of Public Works shall be a lien upon the premises and shall be assessed against the premises, and if not paid within 30 days after notice has been given to the owner, occupant or user of the commercial unit that such costs have been incurred by the city, such costs, together with interest, shall be added on the next city tax statement.
The Director of Public Works shall have the authority to make regulations concerning the type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal of all refuse accumulated from commercial units in the city as he or she shall find necessary and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. Any person aggrieved by the regulation made by or fee charged by the Director shall have the right to appeal to the City Manager, who shall have the authority to confirm, modify or revoke any such regulation or fee.