This article is adopted for the protection and promotion of the public health, safety and general welfare of the community by regulating the storage of garbage and other waste materials as well as the use and maintenance and operation of bulk garbage containers referred to herein and commonly known as "dumpsters" and "compactors."
As used in this article, the following terms shall have the meanings indicated:
ASHES
The residue from fires used for cooking and heating and on-site incineration.
CONTAINER
Either a dumpster or compactor container used for bulk storage of garbage and other waste materials that can be hauled directly to a point of disposal or emptied into a larger container for transport and disposal.
GARBAGE
Wastes from the preparation, cooking and serving of food; market wastes and wastes from handling, storage and sale of products of any type.
HAZARDOUS WASTE
A solid waste or combination of solid wastes which, because of its quantity, concentration or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed. Hazardous waste is defined on the basis of regulations issued pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 9601 et. seq., administered by the United States Environmental Protection Agency.
RUBBISH
Shall consist of the following:
A. 
Combustible: paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, bedding dunnage and petroleum products.
B. 
Noncombustible: metals, dirt, glass, crockery and minerals.
WASTE MATERIALS
All trash, refuse, junk and discarded items, including rubbish.
It shall be the absolute obligation of those persons referred to in § 155-20 hereof to provide dumpsters or compactors for the collection of garbage waste materials in accordance with the requirements of this article. Such containers shall be emptied on a periodic basis to avoid overflow of garbage and waste materials onto the ground or in such quantity as to prevent the container cover from being closed. No hazardous waste shall be deposited in any containers.
A. 
In all zoning districts upon private property, container plans shall be required either as a separate application or as part of a site plan for all new construction or substantial exterior modifications. Such plans shall be submitted to the Bureau of Inspection initially to obtain a container permit. Such plans shall include the following:
(1) 
Location of the container site(s).
(2) 
Design plans of the container platform and enclosure with access for maintenance of equipment including loading/unloading access.
B. 
In all residential districts, namely R-1, R-2 and R-3, containers shall only be permitted on a temporary basis and shall require a demolition permit from the Bureau of Inspection.
C. 
No certificate of occupancy shall be issued with regard to new constructions or substantial exterior modifications until all requirements of this article have been complied with and approved.
D. 
Minimum requirements for the pad and enclosure are:
(1) 
The container shall be enclosed on all sides by a siding affixed to a permanent frame which will obstruct the container from view. Wood fences or attractive masonry enclosures are preferred. The height shall exceed by one foot the height of the bulk storage container to be housed in the enclosure with a minimum height of six feet.
(2) 
Enclosure locations shall provide and/or show location of utilities required to operate and maintain the sites in a sanitary manner.
(3) 
All enclosures shall be maintained and repaired to keep the site neat, safe and sanitary.
E. 
Garbage and other waste materials must be completely contained within the container. No accumulation of garbage or waste materials will be permitted outside the confines of the container, nor will it be permitted to accumulate garbage or other waste materials so that the container cover cannot be firmly closed. All containers shall have covers or lids and these covers or lids shall remain closed at all times.
F. 
No container shall be located in or on a public right-of-way, or upon City-owned or City-leased land without prior written approval of the City Council or its designee upon the terms and conditions the City Council or its designee deems advisable which shall be consistent with this article.
(1) 
All containers located upon public or City property as set forth herein shall be screened with fencing, structures or landscaping as determined by the City. The City will be responsible for installing, constructing, repairing and maintaining this screening. However, the persons designated in § 155-20 will be responsible for bearing the cost of any work performed by the City for the purpose set forth herein.
(2) 
After completing any work as set forth and required herein, the City will bill the persons responsible as set forth in § 155-20. Payment may be made at any time prior to one year from the date of invoicing with no additional cost. If an extended payment is selected by the above responsible person, a payment in the amount of at least 1/3 of the cost shall be made prior to the end of the one-year period. An amount of 5% of the unpaid balance is added, and that amount may be paid at any time prior to the end of the second year. A minimum of 1/3 of the total balance, including the 5%, must be paid by the end of the second year. Any remaining amount will have 5% added to it, and that total amount must be paid by the end of the third year. If any such amounts described above are not paid within 60 days of the year-end period all outstanding amounts will be added to the associated property taxes.
G. 
All containers shall be kept in good repair, be structurally sound, leakproof, and be easily opened and closed. Containers shall be painted as required to prevent the show of rust and deterioration and be so constructed to stand firmly upright.
H. 
Responsibility for the maintenance in and around and adjacent to the enclosure, including loose garbage, debris and refuse shall be the responsibility as described in § 155-20 herein.
I. 
All containers shall have a notice with the name of the company supplying the container.
J. 
Use of joint or shared dumpsters by multiple users is recommended and encouraged.
The provisions of this article shall be enforced by the Bureau of Inspection. The Bureau of Inspection shall review all new container plans, as well as those containers to be located upon public or City property; and the Bureau of Inspection shall issue the required container permits. After City Council or its designee approves a container upon City property, the Bureau of Inspection shall process annual renewals.
These provisions shall be applicable to the following persons:
A. 
The owner of the property serviced by the container;
B. 
The owner or lessee of the container servicing the property;
C. 
The user of the container; or
D. 
The lessee or agent of the owner of the property being serviced.
The initial and annual fee thereafter for containers located upon City-owned or City-leased property shall be as set from time to time by resolution of the City Council.
The first violation of any provisions of this article shall be deemed a violation against such article, and any persons responsible as set forth in § 155-20 shall be issued a warning by regular mail. If such a violation is not corrected within 30 days of mailing, a second warning shall be issued, and the violator shall receive a fine of $100 upon conviction. If the violation is not corrected within 30 days of mailing of the second warning, the persons responsible shall receive a third warning and be fined $500 upon conviction. If the violation is not corrected within 30 days of mailing the third warning, then the persons responsible shall be fined $100 per day thereafter for each day that the violation continues upon conviction.
This chapter shall take effect June 1, 2013.