This article establishes rules for residential
and commercial refuse management.
No refuse shall be placed or stored on any premises
within the City except as permitted by this article. Residential refuse
shall be deposited promptly and stored in City-issued containers or
alternate containers if the City-issued container is filled. Commercial
refuse shall be deposited promptly and stored in City-issued containers
or commercial containers. Containers shall be placed by the owner
and/or occupant of the premises where such refuse originated at the
rear or side yard of the main building on such premises. Such refuse
shall be stored in a manner so as not to create a health hazard or
public nuisance. Any substantial accumulation of refuse or waste is
hereby declared to be a sanitary health hazard and a public nuisance.
Refuse shall not be placed or stored in the street, sidewalk or gutters
or in any public place except as directed herein or by the Commissioner.
The Commissioner shall have the authority to abate any sanitary health
hazard or public nuisance and to impose the fees, charges and penalties
of this chapter as well as the cost of disposal for such abatement.
[Amended 7-14-1998 by Ord. No. 98-300; 12-20-2005 by Ord. No. 2005-407; 11-17-2015 by Ord. No. 2015-367]
No person shall place, throw, deposit or dump or cause to be placed, thrown, deposited or dumped any refuse, residential refuse, building refuse, bulk refuse, commercial refuse, institutional refuse, waste, construction waste, hazardous waste, industrial waste, infectious waste, electronic recyclable materials, and/or recyclable materials in or upon any premises, street (including the area between the sidewalk and the curb), sidewalk or park, or in any litter basket, recycling bin or container placed in a right-of-way, park or public place, or provided for a special project or event. This section shall not apply to refuse placed for collection in front of the premises in which it originated, to filling for which a permit has been granted pursuant to Article
IV of Chapter
39 of the Municipal Code or to the deposit of litter and recyclables generated on the public right-of-way in City litter baskets and street recycling containers by pedestrians and motorists, the placement of refuse generated in parks and other public places in provided receptacles, or to the deposit of refuse from special events or projects in containers placed for the collection of such refuse. Any motor vehicle used in connection with the commission of a violation of this section shall be towed in accordance with §
111-75 of the Municipal Code.
Dead animals shall be removed by the Department
on request, except that an animal hospital or other business caring
for or harboring animals must remove and dispose of dead animals without
the aid of the Department. The owner or custodian of an animal may
remove and dispose of any dead animal by contract with a licensed
commercial refuse and/or recyclable collector. In no event shall a
dead animal remain undisposed of for a period longer than 12 hours.
[Amended 2-14-2006 by Ord. No. 2006-22]
In the event of a public emergency declared
by the Mayor, the Commissioner may provide by contract for the public
collection, removal and disposal of refuse without competitive bidding.
In such case, the Commissioner may impose such conditions as he or
she may deem advisable and shall supervise all work under such contracts.
[Amended 6-16-2009 by Ord. No. 2009-179]
Parcels of land which are not improved by a
structure or which are improved by a vacant structure which has been
inspected by the Commissioner of Neighborhood and Business Development
and found to be properly secured and not receiving City service, shall
not be charged a user fee until improved or occupied or City service
begins.
Unpaid residential user fees for collection
of refuse shall be the personal liability of the owner and shall be
a lien upon the real property in connection with which refuse collection
is offered as and from the first day of July for services billed on
the tax bill and to be offered in the fiscal year commencing on that
date and on the date such fees become due if they are billed separately
from the tax bill.
Unpaid commercial user fees for refuse collection
by the City shall be the personal liability of the owner and shall
be a lien upon the real property serviced beginning on the date such
fees become due.
The Commissioner may order the discontinuance
of a commercial user's public collection service when, after due notice,
the commercial user has not paid user fees upon direct billing by
the City or after such delinquent fees have become a lien upon the
real property. Upon discontinuance of public collection service for
nonpayment of commercial user fees, the commercial user must establish
to the satisfaction of the Commissioner that a licensed commercial
refuse and/or recyclable collector will service the user.
The Director of Finance shall establish and
maintain a Refuse Collection Fund to record and control the financial
activity related to the provisions of refuse collection by the City.
This fund shall be maintained on the same fiscal year as that of the
City. Each year the Mayor, at the time of the submission of the annual
budget estimate to the City Council, shall submit a statement of estimated
revenues, expenditures and changes in the fund as well as the fund
balance, for the current fiscal year, together with an estimate of
expenditures for the next fiscal year. The Mayor shall also, at the
same time, recommend a basic rate sufficient to meet the estimated
expenditures for the next fiscal year, taking into consideration the
estimated surplus or deficit accruing from the fund operations in
the current year and other sources of revenue.
The user fees for collection of refuse placed
for collection are established as follows:
A. Residential users.
[Amended 6-18-2002 by Ord. No. 2002-202; 6-22-2004 by Ord. No. 2004-167; 6-14-2005 by Ord. No. 2005-206; 6-20-2006 by Ord. No. 2006-194; 6-19-2007 by Ord. No. 227; 6-15-2010 by Ord. No.
2010-193; 6-18-2013 by Ord. No. 2013-166; 6-17-2014 by Ord. No.
2014-166; 6-16-2015 by Ord. No. 2015-163; 6-20-2017 by Ord. No. 2017-160; 6-14-2022 by Ord. No. 2022-162]
(1) Fees:
Number of Dwelling Units
|
Annual Fee
|
---|
1
|
$399
|
2
|
$803
|
3
|
$890
|
(2) Any residence requiring service and not billed for service on the
tax bill will be billed on a pro rata residential rate per quarter.
(3) Residences/home occupations. The fees for residences which also contain
home occupations, for example, beauty parlors, garages, doctor's/dentist's
offices, are:
Number of Dwelling Units
|
Annual Fee
|
---|
1
|
$803
|
2
|
$890
|
A property with three dwelling units and a home occupation will
be charged according to the commercial rate schedule.
|
B. Commercial users.
(1) The fees for collection and disposal of commercial
refuse and recyclables and container rental shall be proposed annually
by the Mayor as a part of the budget process. Such fees shall be approved
by the City Council and maintained on file in the Commissioner's office
and in the office of the City Clerk.
(2) The fee for weekly multiple collections shall be the
established fee multiplied by the number of collections per week.
(3) The fee for noncontainerized additional volumes shall
be $17.20 for each additional cubic yard of refuse and $10 for each
additional cubic yard of recyclable materials.
C. The Commissioner may negotiate fees based on volume
and time requirements for collection for special residential, commercial
and container service within the City, provided that such fees shall
in all instances cover at a minimum the incremental full costs of
providing said service, as certified by the Budget Director.
[Amended 2-19-2013 by Ord. No. 2013-49]
[Amended 11-17-2015 by Ord. No. 2015-367]
No person shall interfere with, remove or scavenge
for any material which has been placed between the sidewalk and the
curb by the owner and/or occupant for public collection, or at any
point during the collection process.
Litter baskets and recycling bins provided by the City and placed by the City in the public right-of-way, parks or other public places shall be used only for deposit of litter and recyclables generated on the public right-of-way by pedestrians and motorists or generated by persons using the parks or other public places. The placing into such litter baskets or recycling bins of refuse or recyclables originating from homes or commercial or industrial establishments constitutes illegal dumping and is prohibited by §
20-16 of this Code. Containers provided by the City for special events or projects shall be used only for deposit of refuse and recyclables generated at the special event or project. The placing into such containers of refuse or recyclables originating from homes or commercial or industrial establishments constitutes illegal dumping and is prohibited by §
20-16 of this Code.
Garbage disposals discharging macerated garbage
into the sanitary sewer system of the City may be installed, provided
that there is an adequate water supply available in the building,
the sewer is of adequate capacity and the installation otherwise meets
the provisions of the Plumbing Code and the Monroe County Sewer Use
Law.
[Amended 2-14-2006 by Ord. No. 2006-22]
As an alternative to or in addition to above penalties, the Commissioner may, at his or her discretion, direct City employees or City contractors to collect and to dispose of refuse which has been improperly prepared, stored or disposed of as required by the provisions and standards of this article. The Commissioner shall have the right to establish by regulation appropriate charges for such services. The Commissioner shall promptly bill the owner for such services, and such charges shall be a lien upon the real estate from the first day fixed for payment of such charges. Charges remaining unpaid 60 days after billing will be added to taxes pursuant to §
6-94 of the City Charter.