ORDINANCE AN ORDINANCE OF THE LONG BEACH TOWN COUNCIL AMENDING TITLE IX, CHAPTER 96 OF THE CODE OF THE TOWN OF LONG BEACH, INDIANA

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1 ORDINANCE AN ORDINANCE OF THE LONG BEACH TOWN COUNCIL AMENDING TITLE IX, CHAPTER 96 OF THE CODE OF THE TOWN OF LONG BEACH, INDIANA Whereas, the Town of Long Beach, Indiana, for and on behalf of its residents has an interest in regulating and eliminating unhealthy, unsanitary, and unsightly conditions in the Town caused by the deposit and accumulation of refuse, garbage, rubbish, and related materials; Whereas, the Town Council now desires to improve upon and/or establish policies and procedures to ensure uniform application of the same throughout the Town in an effort to more thoroughly and effectively address said interest; Whereas, the Town Council has determined that certain amendments to Title IX, Chapter 96 will not only achieve the objectives delineated above but will also protect property values as well as improve the quality of life, health, and safety of Town residents and their guests, Now, therefore, be it ordained by the Town Council of the Town of Long Beach, Indiana that Title IX, Chapter 96 is amended and restated in its entirety to read as follows: CHAPTER 96: GARBAGE AND REFUSE REMOVAL AND LEAF PICK UP Section Purpose Defintions Storage of Garbage and Related Waste Placement, Retrieval, and Storage of Containers Charges for Garbage Recycling, and Leaf Pick Up Services Penalties Purpose The purpose of this Chapter is to eliminate unhealthy, unsanitary and unsightly conditions in the Town caused by the deposit and accumulation of refuse, garbage, rubbish, and related materials.

2 96.02 Definitions For the purpose of this Chapter, the following definitions apply unless the context clearly indicates or requires a different meaning: CONTAINER. A toter cart supplied by the garbage, refuse, and/or recycling company or vendor contracted with by the Town of Long Beach Indiana. GARBAGE. Animal, fruit, vegetable, and other waste resulting from the preparation of food and drink. RECYCLING MATERIAL. Includes, but is not limited to, newspapers, aluminum, tin, metal cans, glass, and plastic containers. REFUSE. Includes all garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health or detrimental to the best interests of the community, except dead animals. RUBBISH. All other refuse not falling within the term garbage, except those objects too large to be placed in container Storage of Garbage and Related Waste Except as otherwise provided, no property owner shall permit garbage, refuse, or rubbish to accumulate upon the property owner s property unless it is stored and kept in the container supplied by the Town and/or its vendor. Such containers shall be kept covered and reasonably clean at all times. When a valid Building Permit is in full force, construction material may be stored behind a property s setbacks, but no garbage, recycling, construction, landscaping, brush, or other yard waste other than leaves during annual spring and fall clean up periods shall be piled or accumulated on a lot for greater than forty-eight (48) hours. All construction debris at a permitted site shall be placed in an appropriately sized dumpster and temporarily located not closer than fifteen (15) feet from a paved roadway and adjacent properties. The Building Commissioner shall have the authority to provide a property owner with a written waiver of this requirement when is not otherwise reasonably practicable for the property owner to comply with this provision Placement, Retrieval, and Storage of Containers (A). Containers shall be placed alongside of, but not in, the paved portion of a roadway along which a refuse or recycling truck will travel to collect the same and in a position readily accessible to the collector, or at such other locations as designated by the Town. (B). Containers shall not be placed for pickup earlier than 12:00 pm the day before any scheduled pickup day. Items to be discarded on large-item pick-up days scheduled by the Town shall not be placed for pick-up more than forty-eight (48) hours before the scheduled pick-up day. 2

3 (C). Except as otherwise provided in this Chapter, no container shall be placed or stored within fifteen feet (15 ) of the paved portion of any roadway. Alternatively, containers may be placed or stored behind the building foundation line or within a Town approved enclosure subject to the following requirements: (1). Enclosures in the Residential Districts shall comply with the following standards: (a). The enclosure must visually screen the view of containers from the street and neighboring properties and shall be constructed using natural vegetation such as shubbery or other living landscaping material, natural material, wood or a wood substitute, ornamental metal iron or metal substitute, pre-manufactured plastic (or similar type material) fencing. No chain-link fence of any type is permitted. If a picket type fence is used, the pickets must be at least 2 wide with no more than a 1 gap between them. (b). The enclosure need not be covered, but it shall not exceed five feet (5 ) in height nor be greater than twelve inches (12 ) in thickness or width. In the event planting material used, these restrictions will not apply provided the enclosure visually screens containers from the street and neighboring properties. (2). Enclosures in the Local Business District shall be subject to Chapter 154, Section of the Zoning Code. All enclosures must be located in front of or adjacent to the owner's property in a manner so as not to interfere with an adjoining owner's use of that owner s property and shall be designed and maintained to minimize unsanitary conditions and. A Location Improvement Permit shall be required for the construction of an enclosure at no cost to the property owner provided the owner is otherwise in compliance with Title XV of the Town Code. An enclosure may not be placed in the front, side, or rear setback areas of a lot. In a circumstance where a lot does not reasonably allow a property owner to comply with the requirements of this Chapter, the Building Commissioner shall have the authority to provide the owner with a written waiver approving an alternative location for the enclosure. (D). Containers must be retrieved and stored no later than 11:59 pm on the day of a scheduled pickup. (E). It is the sole responsibility of a property owner to take all actions necessary to ensure compliance with the provisions of this Chapter. 3

4 96.05 Charges for Garbage Recycling, and Leaf Pick Up Services (A). Commencing the calendar year 2012, an equitable charge will be assessed to each tax payer of improved property within the town for the expense of garbage and refuse removal. An additional equitable charge will be made to each tax payer of improved property within the town for the expense of leaf pick up and associated street services. (B). The appropriate unit charge for garbage and refuse removal and the appropriate unit charge for leaf removal and associated street services referred to in Section 96.05(A), above, shall be reviewed annually at budget time and adjusted for the following year. Unit charges for garbage and refuse removal, as well as for leaf pick up and associated street services shall take into account actual expenses incurred by the town in providing said services whether said expenses derive from contractual relationships with third parties or are incurred by the town directly. (C). Billings will be sent by the Town to the address of record of each property owner on a monthly basis. Payments shall be due and owing within thirty (30) days of the date of billing. Any payments not made within thirty (30) days of the date of billing shall be delinquent. Interest on delinquent payments shall accrue interest at the rate of eight percent (8%) per annum from the due date. Delinquencies in excess of six (6) months will be certified to the County Auditor, placed on the tax duplicate by the County Auditor, and collected as taxes are collected. Notwithstanding any language contained to the contrary in this Chapter, the annual charge for leaf removal and associated street services will be made to each tax payer of improved property within the Town. The annual unit charge for garbage and refuse removal will be made to each tax payer of improved property within the town with the exception of any property which is serviced by the Michigan City Sanitation Department and is, therefore, provided with garbage and refuse services by the City of Michigan City, Indiana. Accordingly, the Town of Long Beach, Indiana, shall not provide garbage and refuse removal services to those properties. (D). Revenues from billings for garbage and refuse removal will be accrued in a separate fund. Payments of all costs incident to the services will be made from this fund. Any surplus or deficit accumulating in this fund will be applied to the estimated cost for garbage and refuse removal for the ensuing year, and considered in setting the unit charge for garbage and refuse removal for the year. The objective of this procedure is to liquidate all costs in the revenue year and limit long term accrual in the fund. Revenues from billings for leaf removal and associated street services will be accrued in a separate fund. Payments of all costs incident to leaf removal and associated street services will be made from this fund. Any surplus or deficit accumulating in this fund will be applied to the estimated cost for leaf removal and associated street services for the ensuing year, and considered in setting the unit charge for leaf removal and associated street services for the year. The objective of this procedure is to liquidate all costs in the revenue year and limit long term accrual in the fund. (E). Beginning January 1, 2006, the charge for the expense of garbage and refuse removal to be made to each taxpayer of improved property within the town shall be $195 per year. 4

5 96.06 Penalties (A). Any property owner violating or otherwise failing to comply with Sections or shall receive a ten (10) day written notice of warning for a first offense. Said notice shall be issued by the Long Beach Clerk-Treasurer and sent to the property owner of record at the last known mailing address on file with the LaPorte County Auditor s office. A copy of the notice shall also be posted on the property by the Long Beach Building Commissioner or the Town Marshall of Long Beach. (B). If a violation continues after an initial ten (10) day notice is issued or for any subsequent violation, the property owner shall be subject to a fine of not less than twenty-five dollars ($25.00) per day, which may be amended from time to time by the Town Council. (C). Any violation continuing for more than one (1) day after the initial warning period provided for under Section 96.06(A), above, shall be deemed a separate and distinct violation for each day it continues, and the violation of each and every provision of this section shall be deemed to be a separate and distinct offense. (D). No provision in this section shall be construed to limit any other remedies at law or equity. Effective Date: This Ordinance shall be in full force and effect three (3) months after passage the same to allow for proper publication and dissemination of this Ordinance s contents throughout the community. ALL OF WHICH IS PASSED AND ADOPTED by the Town Council of the Town of Long Beach, LaPorte County, Indiana, this day of June, LONG BEACH TOWN COUNCIL By: Robert LeMay, President Nicholas Meyer, Vice-President Peter Byvoets, Member 5

6 Jane Neulieb, Member Joy Schmitt, Member ATTEST: William defuniak, Clerk-Treasurer 6

SOLID WASTE COLLECTION AND DISPOSAL

SOLID WASTE COLLECTION AND DISPOSAL 105.01 Definitions 105.05 Rules and Regulations 105.02 Duties of Owners and Occupiers of Premises 105.06 Rates 105.03 Duties of Collectors 105.07 Payment of Bills 105.04 Enforcement 105.08 Lien for Nonpayment