[HISTORY: Adopted by the Common Council of
the City of Jefferson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-16-2004 by Ord. No. 5-04 (§ 11.05
of the 2002 Code)]
This article is adopted pursuant to § 287.09(3)(b),
Wis. Stats.
The Common Council of the City of Jefferson
hereby finds and determines that there is an increasing necessity
to conserve natural resources and reduce the need for landfill space
for the citizens of Jefferson. Newspaper, clear, amber and green glass,
used oil, aluminum cans, steel and bimetal cans, scrap metal products,
plastics, foam polystyrene packaging, mixed paper, corrugated paper,
tires, lead acid batteries, and yard waste comprise a substantial
portion of residential and business solid waste material; these items
can be separated from other solid waste materials and recycled, benefiting
residents, taxpayers, and businesses of the City by reducing the volume
of solid waste materials collected by the City and transported to
and deposited in available authorized landfill sites.
As used in this article the following terms
shall have the meaning indicated:
Includes all sites producing refuse or recyclable accumulation
other than residences.
The person or persons specifically authorized by the Common
Council to collect garbage, rubbish and recyclable materials and dispose
of the same.
Includes all residential property, including structures having
four units or fewer as defined by City Zoning Laws.
A.
Refuse to be collected by contractor is as follows:
(1)
All kitchen wastes, household food, accumulations
of animal food and vegetable matter attendant on the preparation,
use, cooking, and service of food.
(2)
Any items that would normally be recyclable but which
are contaminated, such as wet paper, dirty cans or bottles, etc.
(3)
General household trash suitable for packer-type equipment,
including ashes, crates, discarded toys, discarded clothing, stoves,
refrigerators, washers, dryers, other kinds of home appliances, and
furniture.
B.
Recyclables to be collected by contractor. Newspaper,
magazines, office paper, junk mail, cereal boxes, cardboard, tin,
aluminum, glass, plastics, and any other items identified to be recyclable
by state statute and Department of Natural Resources rules and regulations
shall be collected by the contractor.
A.
The regular collection and removal of refuse and recyclables
from residences is designated as a municipal function and enterprise.
All such refuse and recyclables shall be gathered and removed by the
City, and it is unlawful for any person, unless reemployed or contracted
by the City, to engage in the collection or removal of refuse or recyclables,
whether for or without compensation.
B.
All residential refuse and recyclables shall be collected,
removed and disposed of by the City. The cost of refuse and recyclables
shall become a special charge to the benefitting residential property
owner.
[Amended 9-1-2009 by Ord. No. 11-09]
C.
The collection, removal, and disposal of refuse and
recyclables from residential sites shall be under the supervision,
direction, and control of the City Administrator, who shall cause
the same to be done in the following manner:
(1)
The Administrator, subject to the approval of the
Common Council, shall have the authority to award to some individual,
firm, or corporation a contract for the removal of residential refuse,
and the specifications for such contract and provisions thereof shall
be prepared by the City Administrator and said contract shall be approved
by the Common Council.
(2)
Such contract shall provide for the removal of residential
refuse and recyclables at such times and with such frequency and from
specified pickup sites and to such places as shall be determined by
the City Administrator and shall require the contractor to comply
with all the provisions of this article which are applicable.
(3)
The contractor shall be required to post a performance
bond in the amount of $10,000 or, in the alternative, provide an irrevocable
letter of credit in the amount of $10,000. Said bond or letter shall
be required to be filed with the City Clerk/Treasurer upon the signing
of this contract.
(4)
The contractor shall be required to maintain and file
with the City Clerk/Treasurer policies or certificates for workers'
compensation insurance, public insurance, property damage insurance,
and motor vehicle insurance. The insurance shall cover the entire
contract period and shall be sums as determined by the City Administrator.
Such policies or certificates shall be approved as to form and content
by the City Attorney.
(5)
The refuse and recyclables collection contract, when
awarded, shall be subject to all existing regulations covering collection
and removal of refuse and recyclables and subject also to all other
rules and regulations as may thereafter be legally adopted.
(6)
Said contractor shall be paid from the proper fund
and shall be at the expense of the City.
(7)
The contractor shall be required to provide and maintain
a local phone number in the City to provide access for consumer complaints
and inquires.
(8)
The contractor shall be required to use safe and sanitary
equipment at all times, said equipment being subject to the right
of the City to inspect and require repair within a reasonable time.
(9)
The contractor shall be required to be an equal opportunity
employer, and the conduct of said employees while performing collection
service for the City shall be subject to reasonable rules and regulation
by the City.
(10)
The contractor shall be required to furnish special
weekly service to meet all the needs of the City for the removal of
refuse and recyclables from City-owned locations, including all parks
and tennis courts, the swimming pool, the police/utility facility,
the City garage, the sewage plant, the senior center, and all other
properties and facilities owned and maintained by the City at no additional
cost. This does not include sludge or grit from the wastewater treatment
plant. Trash containers in the business district and at designated
locations, which are owned by the City, shall also be emptied weekly
or more often if necessary.
D.
Persons and property subject to solid waste collection charge. The
owner of every dwelling unit and the owner of every nonresidential
tax parcel receiving curbside solid waste collection services from
the City of Jefferson, its employees, agents or contractors, shall
be required to pay the solid waste fee established by this subsection.
The curbside solid waste collection fee shall be paid by owners of
tax-exempt properties as well as owners of taxable properties. If
the electric bill is in an occupant's name, the bill for solid
waste collection services shall also be put in the occupant's
name. However, the owner of the property shall be responsible for
payment of the bill for each dwelling unit for solid waste collection
services if the occupant fails to pay the same. Each unit of four-unit
multifamily residence under this section is required to pay the fee.
[Added 9-1-2009 by Ord. No. 11-09; amended 11-17-2009 by Ord. No.
16-09; 5-21-2013 by Ord. No. 4-13]
(1)
If the business/commercial site also serves as the primary, single-family
residence of the site's owner or owners; and, if the business/commercial
site's volume of refuse and recyclables does not exceed the approximate
volume of the other single-family residences being serviced by the
City of Jefferson's contracted refuse and recyclables collector
and uses the same supplied curbside pickup containers, one for refuse
and one for recyclables.
(2)
If the business/commercial site is currently and continues to be
producing a volume of refuse and recyclables no more than the approximate
volume of single-family residences and uses the same supplied curbside
pickup containers, one for refuse and one for recyclables, as single
family residences; per the annual City of Jefferson Schedule of Fees
for Refuse and Recycling.[1]
[1]
Editor's Note: Said schedule is on file in the City offices.
E.
Monthly fee. The fee for curbside solid waste collection services
shall be set by City Council resolution.
[Added 9-1-2009 by Ord. No. 11-09; amended 11-17-2009 by Ord. No.
16-09]
F.
Billing. The City Treasurer shall bill each tax parcel receiving
City curbside solid waste services on a monthly basis. The bill for
such services shall be included with the City's monthly utility
bill.
[Added 9-1-2009 by Ord. No. 11-09; amended 11-17-2009 by Ord. No.
16-09]
G.
Exemption. The solid waste collection fee shall be waived for any
dwelling unit that is unoccupied throughout the calendar year for
which services are billed if:
[Added 9-1-2009 by Ord. No. 11-09; amended 11-17-2009 by Ord. No.
16-09]
(1)
The owner of the tax parcel property executes an affidavit on a form
prescribed by the City Treasurer and files the same with the City
Treasurer on or before January 20 of the year for which services are
billed; and
(2)
The owner's affidavit states that the dwelling unit in question
has not been and will not be occupied at any time during the calendar
year for which services are billed.
(3)
If the property exempted due to the owner's affidavit described in Subsection G(1) and (2) above shall become occupied again during the calendar year for which services are billed, the owner must notify the City Treasurer within 10 days of renewed occupancy. The refuse and recyclables collection fee, formerly waived, will be put back into effect for the entire calendar year. The owner shall then be immediately liable for past and present collection fees and then for the regular monthly collection fees as billed in the future (Exemption is nullified and the owner will pay 12 months of fees.).
A.
Commercial-industrial properties located within the
corporate limits of the City shall be served by private contractors
and are excluded from this article. The City has no responsibility
or liability for any damages to property or person which might occur
out of any private arrangements for these types of customers.
B.
Commercial and industrial refuse removal shall be
made at least weekly throughout the entire year.
A.
The contractor will furnish regularly scheduled collection
from every residential unit (four units or fewer) in the City according
to a regular schedule approved by the City Administrator. Residents
shall place their materials suitable for refuse or recyclable collection
at the curb or alley of their homes or at such other site designated
by the contractor on the day scheduled for collection. Residents shall
use carts provided by the contractor for the collection of recyclables
and refuse.
B.
All refuse and recyclable containers shall be placed
by the customer at the curb, alley or other site agreed upon by the
customer and the contractor by 6:00 a.m. of the day of collection;
empty containers shall be removed from the curb by 8:00 p.m. of the
same day. Refuse and recyclable containers or bulky materials shall
not be placed for collection prior to 4:00 p.m. on the afternoon on
the preceding day of collection.
The contractor shall supply and furnish, at
its expense, to all residential units, carts for the collection of
refuse and recyclables. The contractor will provide the manufacturer's
warranty for defects of the carts, including broken wheels or lids
from regular usage. The contractor is not responsible for damage from
negligent use, such as being cut by a saw, burned by hot ashes, being
hit by a car, etc. The contractor is not responsible for missing carts.
A.
It is unlawful for any person to dump refuse, recyclables,
or bulky materials onto any other person's property or into any other
person's refuse or recyclable container, unless acting with proper
permission or authority. This subsection does not apply to trash receptacles
held out for public use.
B.
It is unlawful for any person to rummage or scavenge
through any public refuse container or any other person's refuse or
recyclable container, unless acting with proper permission or authority.
A.
Any person who violates any provision of this article
shall be subject to a penalty of not less than $10 and not more than
$250, together with the cost of prosecution.
B.
If any such owner, occupant or person in charge refuses or fails to comply with the provisions of this article, the City Administrator or his/her appointed designee may remove such items and the cost thereof shall be charged at a rate of time and materials as established by the City Clerk/Treasurer's office, with a minimum charge of $25, or contract with a private contractor to have the items removed. The cost of such removal shall be reported to the City Clerk/Treasurer in writing with a description of the premises, and such charge, if unpaid, shall become a lien on the property against which it is imposed. The delinquent charges shall be included in the current or next tax roll and settlement under Chapter 90, Taxation, Article I.
C.
The owner, occupant, or person in charge of any building or lot in the City of Jefferson shall be responsible for complying with the time limits set forth in this article, including but not limited to removing any empty containers by 8:00 p.m. on the day of collection. If any such owner, occupant, or person in charge refuses or fails to comply with the provisions of this article, the City Administrator or his appointed or authorized representative may cause the container and/or refuse to be moved away from the public right-of-way. The cost thereof shall be charged to the owner, occupant, or person in charge, at the discretion of the City, in the amount of $25. Notice of the charge shall be given to the person charged by written notice, which can be delivered personally, or by mail, at the best available address. Actual receipt of said notice is not required. The charge shall be reported to the City Clerk/Treasurer in writing, with a description of the premises, and such costs shall become a special tax and lien against the premises and, if not previously paid, shall be inserted by the City Clerk/Treasurer in the current or next ensuing tax roll for collection and settlement under Chapter 90, Taxation, Article I, and such cost may, in the discretion of the Common Council or the City Administrator, by collected by other means, including suit against the owner, occupant, or person in charge of the premises.
