[HISTORY: Adopted by the Township Board of the Township of Grosse Ile as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-1989 by Ord. No. 168]
This article shall be known as the "Debris Ordinance for the Township of Grosse Ile."
It is recognized that the proper handling and prompt removal of litter, garbage, debris, waste material, dust, sand, mud and dirt from construction sites, buildings under construction, and areas, streets, roads, and highways abutting or adjacent thereto, is essential to the preservation of the public health, safety and welfare. The failure to properly handle and promptly remove said matter has severe adverse effects on the Township by tending to create a nuisance and creating hazardous conditions which may result in injury to persons or property and also detracts from the aesthetics of the neighborhood. The purpose of this article is to provide regulations for the prevention of such adverse effects and to provide for procedures to remove objectionable matter and charge the cost of said removal to the owner or party in interest in whose name the subject property appeared upon the last local tax assessment records.
The following words and phrases when used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
- CONSTRUCTION MATERIAL
- Any material used for the purpose of the erection, alteration, repair, reconstruction, conversion, demolition, moving, or equipping of any building or structure, or the excavation, filling, grading or regulation of a lot in connection therewith.
- CONSTRUCTION SITE
- A lot on which the erection, alteration, repair, reconstruction, conversion, demolition, moving, or equipping of any building or structure, or the excavation, filling, grading or regulation of a lot in connection therewith, is taking place, has taken place, or will take place.
- Any accumulation of broken or detached matter, including but not limited to pieces of stone, brick, cement, plaster, lumber, pipe, wallboard, and shingles.
- Putrescible animal and vegetable matter.
- Garbage and debris, as defined herein, and all other matter which, if thrown, dumped, placed, left or deposited as herein prohibited, may tend to create a danger to the public health, safety and welfare.
- The person or party whose name appears upon the last tax assessment records of the Township of Grosse Ile.
- Any individual, copartnership, association or corporation and their lessees, trustees or receivers appointed by any court whatsoever.
- PRIMARY CONTRACTOR
- The person, firm or corporation that has obtained the building permit for building on the construction site or the person, firm or corporation that is in control of construction on the construction site.
- WASTE MATERIAL
- All putrescible and nonputrescible solid waste (except body wastes), including but not limited to garbage, debris, uprooted vegetation and herbage, tree limbs and stumps and any other matter which, if thrown, dumped, placed, left or deposited as herein prohibited, may tend to create a danger to the public health, safety and welfare.
A person who owns, controls, or is in possession of a construction site or building under construction shall:
Provide a receptacle or receptacles at each construction site and building under construction which shall be of sufficient size and dimensions to adequately contain such litter, garbage, debris and waste material as may be found at the construction site or building under construction.
Place all litter, garbage, debris and waste material within said receptacle or receptacles.
Place all construction materials within the confines of the lot lines of a construction site or building under construction.
Sweep the streets, roads or highways adjacent to or abutting the construction site or building under construction at least once per week, or more frequently if litter shall be dumped, deposited, placed or thrown on said streets, roads or highways.
No person shall dump, deposit, place, throw, leave, bury or cause or permit the dumping, depositing, placing, throwing, leaving or burying of litter, garbage, debris or waste material at any construction site or building under construction.
No person shall transfer litter, garbage, debris, or waste material from one construction site or building under construction to another.
No person shall dump, deposit, place, throw, leave, or cause or permit the dumping, depositing, placing, throwing or leaving, of dust, sand, mud, dirt, litter, garbage, debris or waste material on any street, road, or highway.
Construction materials shall not be placed on any street, road, highway or right-of-way.
No person shall fail to remove litter, garbage, debris or waste material from a construction site, building under construction, or area adjacent thereto, within 48 hours after notice to remove same is effectuated pursuant to § 226-6 herein.
No person shall fail to remove dust, sand, mud, dirt, litter, garbage, debris or waste material from a street, road or highway adjacent to or abutting a construction site, building under construction or area adjacent thereto within 48 hours after notice to remove is effectuated pursuant to § 226-6 herein.
The Building Inspector, or his designated representative, is hereby authorized and empowered to notify the primary contractor or owner of a construction site or building under construction to remove litter, garbage, rubbish, debris or waste material from the construction site, and to remove rubbish, debris or waste material from the construction site, and to remove dust, sand, mud, dirt, litter, garbage, debris or waste material from any street, road or highway adjacent to or abutting the construction site or building under construction.
Said notice shall be given by first class mail addressed to said primary contractor or owner at his/her last known address or by any other means reasonably calculated to give notice to the primary contractor or owner.
Said notice is deemed effectuated on the second regular day for delivery of mail after the day the notice to remove is mailed.
If a primary contractor or owner of a construction site or building under construction, notified pursuant to § 226-6 herein, shall fail, neglect or refuse to remove litter, garbage, debris, waste material, dust, sand, mud or dirt from a construction site, building under construction, area adjacent thereto, or a street, road or highway adjacent to or abutting the construction site or building under construction within five days after the effective date of written notice as provided in § 226-6C, the Building Inspector or his designated representative is hereby authorized and empowered to remove such matter or to order its removal by agents or employees of the Township of Grosse Ile.
The cost of removal of litter, garbage, debris, waste material, dust, sand, mud or dirt by the Township of Grosse Ile as provided in § 226-7 shall be a lien against the real property and shall be reported by the Building Inspector, or his designated representative, to the assessing officer of the Township of Grosse Ile who shall assess the cost against the property.
The owner or party in interest in whose name the property appeared upon the last local tax assessment records shall be notified of the amount of such cost by first class mail at the address shown on the records. If he/she fails to pay the same within 30 days after mailing by the Assessor of the notice of the amount thereof, the Assessor shall add the same to the next tax roll of the Township of Grosse Ile and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes.
In a proceeding for a violation of §§ 226-4, 226-5 and 226-7, proof that a building permit was issued to a person for the subject construction site or building under construction shall constitute in evidence a presumption that the building permit holder owns or controls that construction site or building under construction.
[Adopted 2-27-1995 by Ord. No. 214]
No person shall deposit or place any solid waste, as defined in this article, in any alley, roadway, waterway or other public place within the Township, nor shall any person deposit, place or store any solid waste upon private property or upon property open to the public, whether owned by such person or not, within the Township, unless the same shall be deposited, placed and stored in accordance with the provisions of this article.
Whenever used in this article, except when otherwise indicated by the context, the words shall have meanings as follows:
- The Department of Public Works of the Township of Grosse Ile which shall administer and enforce the provisions of this article.
- The residue resulting from the burning of wood, coal, coke, paper, or other combustible material.
- The Township Board of said Township.
- COMMERCIAL RUBBISH
- The miscellaneous waste materials resulting from the operation of mercantile enterprises and also trade and manufacturing wastes. It includes small packing boxes, cartons, excelsior, paper and rubbish from offices and stores.
- CONSTRUCTION RUBBISH
- All rubbish resulting from excavation, construction, remodeling, altering or demolishing.
- DOMESTIC RUBBISH
- The waste material resulting from the usual routine of housekeeping, including ashes from homes and multiple dwellings.
- All waste, animal, fish, fowl, fruit or vegetable matter incident to the use and storage of food for human consumption, and includes spoiled food and dead animals found within the Township limits, and excludes food containers.
- Any natural person, association, partnership, firm or corporation.
- Includes all forms of rubbish and ashes as defined in this section.
- The miscellaneous waste material resulting from housekeeping and ordinary mercantile enterprises, trades, manufactures, offices, and stores.
- SOLID WASTE
- The inclusive term for all refuse, garbage, construction rubbish, commercial rubbish, etc., unless otherwise stated.
- The Township of Grosse Ile, Wayne County, Michigan.
- YARD WASTE
- Grass clippings, leaves, branches, or any plant material or tree material from outside of the home.
Words. The single words shall include the plural and masculine words shall include the feminine and neuter.
All solid waste shall be drained free of liquids before disposal. Undrained solid waste of a liquid or semiliquid nature will not be collected, and is hereby declared to be a nuisance when placed on public or private property, whether in containers or not.
Garbage shall be wrapped in paper or other material.
Garbage containers shall be of sufficient size and number to hold one week's accumulation and shall have a capacity of not less than 10 nor more than 20 gallons. Each container shall be of substantial construction, or Township approved equal, provided with handles or bails, and tight-fitting cover and shall not weigh more than 50 pounds when filled. Garbage bags will be considered as containers.
Refuse containers shall be of sufficient size and number to hold one week's accumulation and shall be of substantial construction, shall have handles or bails, and shall not weigh more than 50 pounds. Refuse containers that are badly broken or otherwise fail to meet the approved requirements shall be classed as rubbish and shall be collected as rubbish.
Containers for ashes must be fireproof.
Trees, limbs and other plant material too large in size or weight to meet the requirements of Subsection A(3) are noncollectible. These items cannot be commingled with or included in solid waste load to the landfill and will be considered yard waste.
Bulk refuse that is not reducible to a size and weight to meet the requirements of Subsection A(3), such as tubs, water heaters, etc., is collectible only through a special pickup.
Disposal of any hazardous refuse shall be the responsibility of the producer or owner thereof and shall not be disposed of within the limits of the Township or allowed to be stored or transported within the Township without the written approval of the Township Supervisor or his authorized agent, and then only under the supervision of someone appointed by him who has knowledge of the safety measures necessary to protect the public health and safety during the storing, transporting or disposing of hazardous refuse. Refrigerators, freezers, air conditioners, dehumidifiers or other freon-containing appliances must have the freon removed by licensed contractor and tagged before it will be accepted. Doors shall be removed from appliances before being placed at curbside.
The owners of solid waste containers shall provide suitable places for the storage of such containers and their contents between collection periods and shall store them in such a manner as to be inaccessible to vermin, domestic animals, insects, and so as not to create a nuisance. If collection of garbage and/or refuse is to be made from locations other than the curb, containers and their contents shall be made accessible to the collectors.
The Township Board may contract with any person, firm or corporation to collect and transport garbage and refuse within the Township.
No provision of this article or any regulations thereunder shall be construed as requiring the Township to collect or provide for the collection of the garbage or refuse within the Township.
The Township Board may, when practicable, provide for the collection and disposal of refuse and garbage by the Township itself, or by a person, firm or corporation under contract with the Township, the expense thereof to be charged to persons receiving such service and the charge for each type of service to be determined from time to time by the Township Board. Charges for such services to premises within the Township shall be billed to owners or occupants on their water bill.
Collection routines and schedules shall be such as are from time to time approved by the Administrator. Variances will be allowed only according to the administrative rules which shall be established and approved from time to time by the Administrator. Collections from commercial establishments shall be of a frequency to keep the premises free of rubbish and shall be at the direction of the Administrator according to the administrative rules.
No person shall collect, remove, haul, or convey any refuse through or upon any of the streets or alleys of the Township except under contract with the Township of Grosse Ile.
It shall be unlawful to place, deposit, store or otherwise dispose of garbage or refuse within the Township except in conformity with this article.
No person shall burn or bury any refuse or garbage or allow the same to accumulate on his premises beyond proper collection days.
It shall be unlawful for any person to damage or destroy garbage or refuse containers owned by another.
No person shall allow a domestic animal owned or under his control to disturb or upset garbage or refuse containers owned by others.
It shall be unlawful to transport refuse or garbage in any vehicle within the Township unless such vehicle shall be of such construction and so operated that the contents shall not spill upon the public streets or alleys or otherwise create a nuisance.
No person shall violate any rule or regulation adopted by the Administrator under authority of this article.