TOWNSHIP OF WAKEFIELD ORDINANCE NO. /-~2~

Transcription

1 TOWNSHIP OF WAKEFIELD ORDINANCE NO. /-~2~ AN ORDINANCE TO ESTABLISH REFUSE COLLECTION SERVICE, TO ESTABLISH PROVISIONS FOR DISPOSAL OF REFUSE, AND TO PROVIDE LEGAL REMEDIES FOR VIOLATION Or- THIS ORDINANCE. IT IS HI::REBY DETERMINED TO BE NECESSARY FOR THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE TO REGULATE THE COLLECTION AND DELIVERY OF REFUSE TO THE EXTENT SAME IS NOT INCONSISTENT WITH STATE OR FEDERAL LAWS. THE TOWNSHIP OF WAKEFIELD ORDAINS: REFUSE COLLECTION ORDINANCE SECTION 1. TOWNSHIP RESIDENTIAL REFUSE COLLECTION SERVICE CONFIRMED AND ESTABLISHED There is hereby confirmed and established a "residential refuse collection service within the Township limits, in conformance with such service as has been traditionally and previously supplied by the Township of Wakefield, which shall be administered by the Township Board. r- ;:. SECTION 2. SCOPE OF RESIDENTIAL REFUSE COLLECTION SERVICE Mandatory residential refuse collection service shall be provided to all residential dwelling units in the Township containing not more than four residential dwelling units, which are not located in an apartment building complex or a mobile horne park. Business and commercial enterprises shall provide a method to responsibly dispose of refuse and unacceptable materials and must demonstrate to the Township Board that same is properly being disposed of in accordance with the provisions of this Ordinance. SECTION 3. DEFINITIONS As used in this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: A. "Apartment building complex" means a parcel or tract of land which has more than one building containing rental dwelling units. B. "Business enterprise" or "commercial enterprise" means the use of any building or structure if the activity engaged therein produces any waste product, garbage, refuse, or non-recyclable by-products which are not to be recycled upon the premises. "Business enterprise" or "commercial enterprise" shall not include any premises that also contains a residential dwelling unit, except if the premises is an apartment building complex or located in a mobile home park.

2 C. "Refuse" or "acceptable materials for collection" means any of the following: I. Normal household garbage, including food wastes, drained of liquid and wrapped in paper or placed in a plastic bag prior to being placed in a Township refuse bag; ii. iii. Normal household debris including cans, bottles, paper. products and other debris; or Items, not including metals of a salvageable nature, weighing less than thirty (30) pounds which are fully contained in atied Township refuse bag. D. "Residential dwelling unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation. E. "Unacceptable materials" means, but is not limited to, manufacturing or trade wastes; human and animal wastes; dead animals; hazardous materials, including, but not limited to, hot ashes, coals, gasoline, lacquer or other explosive materials; pesticides; scattered refuse; and grass clippings, leaves, or other yard or garden wastes, brush or branch clippings. SECTION 4. DISPOSAL OF REFUSE A. All the owners or occupants of a residential dwelling unit shall dispose of refuse by: i. Utilizing the refuse collection service provided by the Township, if available, and by adhering to this Ordinance; or. ii. Utilizing the services of a private refuse hauler. B. All the owners or occupants of a business enterprise or a commercial enterprise shall dispose of refuse by: i. Utilizing the services of a private refuse hauler; ii. Utilizing an approved refuse grinder or incinerator; or iii. Transporting and disposing of refuse at the Gogebic Range Solid Waste Management Authority transfer facility, provided that the load of refuse so transported is tightly covered and secured in order that no part of the load is lost. 2

3 C. All commercial and business enterprises shall comply with the applicable provisions of this Ordinance and shall dispose of refuse in accordance with this Ordinance. All refuse shall be disposed through the Gogebic Range Solid Waste Management Authority at its transfer facility. D. No individual, firm, corporation, partnership, trust or public or private agency or any other entity shall deposit refuse into any dumpster, container, or receptacle of another individual, firm, corporation, partnership, trust, or public or private agency or any other entity. SECTION 5. ACCUMUL.ATION OF REFUSE No owner or occupant of any premises within the Township shall permit the accumulation of refuse upon the premises for a period of more than seven (7) days. SECTION 6. REFUSE CONTAINERS All owners and occupants of premises within the Township shall utilize a sufficient number of containers to conveniently store the accumulation of refuse on the premises for a period not to exceed seven (7) days. Containers used for the storage of accumulated refuse shall be of a rigid construction, shall have tight-fitting covers which shall be kept tightly sealed and shall be located, prior to placement for collection (if applicable), at the rear or side of buildings in a reasonably inconspicuous manner, away from streets and places occupied by other persons and in a manner not readily accessible to animals, children, or the elements. SECTION 7. TOWNSHIP REFUSE BAGS A. Township refuse bags shall be a distinctive color and printed with appropriate words which will readily identify to Township collectors that the refuse bags are intended for the residential refuse collection service. B. Township refuse bags shall be sold at a price determined by the Township Board by resolution, from time to time, and shall be sold at outlets designated by the Township Board. Designated sales outlets shall sell Township refuse bags only at the price established by the Township Board. However, the appropriate sales tax may be charged by the retail establishment if so required by the law of this State. By resolution, the Township Board may elect to provide a specific number of bags to each owner or occupant of a residential dwelling unit, in consideration of charges provided for under Section 11 of this Ordinance. 3

4 SECTION 8. CONDITIONS FOR REFUSE COLLECTION SERVICE The owner or occupant of a residential dwelling unit requiring residential refuse collection service and intending to utilize said service shall place all accumulated refuse and acceptable materials for collection in a Township refuse bag and the owner or occupant shall make sure the bag is tightly sealed. Township refuse bags intended for collection shall be placed by the owner or occupant of the residential dwelling unit at the curb in front of the premises not earlier than 7:00 p.m. of the day preceding the collection day. Township refuse collection bags intended for collection shall not be broken nor weigh more than thirty (30) pounds when filled. The owner or occupant shall not place or cause to be placed any unacceptable materials in Township refuse bags intended for collection. No individual, firm, corporation, partnership, trust, or public or private agency, or any other entity, other than the owner or occupant, shall place Township refuse bags on or in front of the premises of a residential dwelling unit. SECTION 9. REMOVAL OF SCATTERED REFUSE AND UNACCEPTABLE MATERIALS. A. The owner or occupant of any premises within the Township shall clean up and remove any scattered refuse resulting from the breakage or opening of any Township refuse bag, or other container for refuse within twenty-four (24) hours after the same has been scattered. In addition, the owner or occupant of any premises within the Township shall see to the appropriate removal of any unacceptable materials within seven (7) days of accumulation. B. Within twenty-four (24) hours after written notification from the Township, the owner or occupant of any premises withing the Township shall, in accordance with this Ordinance, properly dispose of any such scattered refuse, any Township refuse bags (and contents thereof) intended for collection which were either broken or otherwise open, any Township refuse bag which weighs in excess of thirty (30) pounds, any Township refuse bag which contains unacceptable materials, any Township refuse bag which was placed on the curb in front of the premises prior to 7:00 p.m. of the day preceding the collection day, or any unacceptable materials located on the premises. C. The notification referred to in subsection (B) above shall be in writing and sent by first class mail to the owner of the premises on which or in front of which the violation of this section exists. The name and address of the owner of the premises shall be determined from the last local tax assessment record for the premises. Notice shall also be given to the occupant(s) of the premises on which or in 4

5 front of which the violation of this section exists by either giving a copy of the nolice personally to the occupant, or by sending a copy of the nolice by first-class mail to the "occupant" as addressee, addressed to the premises, if there is a dwelling thereon, and by posting a copy of the notice in a conspicuous place at the premises or a building thereon. SECTION 10. REFUSE COLLECTION SERVICE The schedule of routes and days for residential refuse collection service shall be determined by resolution of the Township Board. The Township shall have the absolute right to determine methods of collection. No other methods of collection, other than those authorized by resolution of the Township Board or under Section 4 above, shall be utilized. SECTION 11. COLLECTION CHARGES In addition to prices established for sale of Township refuse bags, the Township Board, by resolution, may, from lime to time, establish charges on a quarterly or other periodic basis for the residential refuse collection service. Such charges shall constitute a lien on the premises to which service is provided and shall be collected in the manner provided by law or this Ordinance in the same general manner as liens for real properly taxes. All owners or occupants of a residential dwelling unit shall be billed these charges whether they use the service or do not use the service. A. If any owner or occupant of a residential dwelling unit fails to pay any billing for the residential refuse collection service, the Township Treasurer shall notify the owner of the premises as appears upon the last local tax assessment record, in writing"of the amount of outstanding charges, by first-class mail, at the address shown on the last local tax assessment record. If the owner fails to pay the same within thirty(30) days after mailing, the Township Assessor shall add the outstandinq charges to the next tax roll of the Township, and such amount shall be collected in the same manner in all respects as provided by law for collection of real property taxes by the Township. B. Failure to comply with this section or any other provision of this Ordinance may result, at the sole discretion of the Township Board, in suspension of the residential refuse collection service for the premises concerned until full compliance. SECTION 12. SEPARATION OF RECYCLABLE MATERIALS The Township Board, by resolution, may require that newspapers, magazines, or other recyclable materials be separated from the refuse. The recyclable materials shall be securely lied with cord or twine ill a bundle which shall weigh not more than thirty (30) pounds. Also, the Township Board, by resolution, may require that the recyclable 5

6 materials, after separation, be transported by the owner or occupant of the premises to the Gogebic Ranqe Solid Waste Management Authority recycle facility. SECTION 13. SOLID WASTE COLLECTION AND DELIVERY A. For the purposes of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning: i. "Solid waste" means all refuse [as defined in Section 3(C)], unacceptable materials [as defined in Section 3(E)], garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludge, solid commercial and solid industrial waste and animal waste generated within the Township. "Solid waste" shall not include hazardous waste as defined in Act 64 of the Public Acts of Michigan, 1979, as amended; source-separated waste, human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a re-user of slag or slag products. ii. "Source-separated waste" means recyclable materials (including, but not limited to, bottles, cans, newspapers, corrugated containers, metals, grass, leaves, brush and yard trimmings) that are separated from solid waste prior to the collection of the solid waste from a site of generation, and which will be recycled. iii. "Solid waste hauler" means any individual, firm, corporation, partnership, trust, or public or private agency, or any other entity engaged, in whole or in part, in the business of collecting, transporting, delivering, or disposing of solid waste generated in the Township and shall include any individual, firm, corporation, partnership, trust, or public or private agency or any other entity, collecting, transporting, delivering, or disposing of solid waste which it generates. B. Each solid waste hauler shall deliver to the Gogebic Range Solid Waste Management Authority transfer facility all solid waste collected and/or transported from the Township, and pay the tipping fee for delivery of thesolid waste at the transfer facility (unless otherwise provided by contract between the Township and the solid waste hauler, with notification to and approval of the authority of same). No solid waste hauler shall deliver solid waste collected in or transported from the Township to any disposal site, transfer station, or other location other than the Gogebic Range Solid Waste Management Authority transfer facility. 6

7 SECTION 14. NUISANCES A. Any accumulated refuse, any scattered refuse, broken or open Township refuse bag, Township refuse bag in excess of thirty (30) pounds, Township refuse bag containing unacceptable materials, any unacceptable materials, or Township refuse bags placed in front of a premises contrary to this Ordinance, is hereby declared to be a public nuisance and is subject to removal or abatement. If a violation of this Ordinance is not corrected within seven (7) days in the manner provided by this Ordinance, then the Township may remove or abate the nuisance. B. Expenses. i. Any expenses, including the administration costs of the Township, incurred in the removal or abatement of any nuisance, shall be the responsibility of the owner of the premises on which or in front of which the condition existed and shall be paid by the owner in whose name the premises appears on the last local tax assessment record. ii. The expense incurred shall be a lien against the real property and shall be reported to the Township Assessor who shall assess the same against the premises on which or in front of which the nuisance was located. iii. The owner in whose name the premises appears upon the last local tax assessment record shall be notified of the amount of such expense by first class mail at the address shown on the record. If he or she fails to pay same within thirty (30) days after mailing, by the Township Assessor, of a notice of the amount thereof, the Township Assessor shall add the same to the next tax roll of the Township and such amount shall be collected in the same manner and in all respects as provided by law for collection of real property taxes by the Township. SECTION 15. REMEDIES Upon a violation of any of this Ordinance, the Township may seek criminal prosecution and may seek legal and/or equitable relief in a court of competent jurisdiction. In addition, a violation of any provision of this Ordinance shall be cause for suspension or revocation, at the sale option of the Township, of the residential refuse collection service. 7

8 SECTION 16. PENALTY Any person who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety (90) days or a fine not exceeding Five Hundred Dollars ($500.00), or both a fine and imprisonment. Each day a violation occurs or continues shall be deemed a separate offense. SECTION 17. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after publication, in accordance wilh applicable law. ~dopted and 1pmved by tile Township Board of the Township of Wakefield, MI, this i3 day of ~1/71.,.L!,2006. Dated: & -l ~ -0 ~ PATRICIA KA, Township Clerk CERTIFICATION Or: ADOPTION I, Patricia Pikka, Wakefield Township Clerk, hereby certify the above Ordinance, being the Wakefield Township Refuse Collection Ordinance, No./- ~t:6~ of the Township of Wakefield, Gogebic County, MI, was duly adopted by the Wakefield Township Board at a regular meeting of the Board held on the /3 day of with the following votes thereon: jj;u/yw,2006, Ayes: y(~~j,,~ao~~dj6-7u. i?!1m(;j, 11 ~ Nayes: ~t;y~ Absent: a L/!aLonO/Jd t7' STATE OF MICHIGAN ) )ss COUNTY OF GOGEBIC ) C:2'ibed and swornto beforeme,1 h d~y? '_ u~e.,2006. PATRICIA PIKKA, Township Clerk ~ \~./. '" t.-. ROSALIE p, ZURAKOWSKI fio alie P. ZU1KOW i,notary Publ'l NotaryPublic Michigan GogeblcCounty Gogebic Count Mi. ligan My comml~slonexpires My Commission S<pires::~O~7:-~08~-~O~8~~ J_Y1MY 8_'M20~o_e _._!!I!O'_ 8

9 PROOF OF PUBLICATiON On, 2006, the entire text of this Ordinance was published in the, by me as Township Clerk. Further, on ' 2006, I filed the full text of this Ordinance with the Gogebic County Clerk. PATRICIA PIKKA, Township Clerk STATE OF MICHIGAN ) )ss COUNTY OF GOGEBIC ) Subscribed and sworn to before me day of, ~~. i:.»,, Notary Public Gogebic County, Michigan My Commission Expires: _ 9