TITLE V: PUBLIC WORKS Chapter 50. GARBAGE AND REFUSE 51. ELECTRICAL SERVICE 52. WATER SERVICE 53. SEWER SERVICE 54. INDUSTRIAL WASTE; PRETREATMENT 55. STREET TREES 56. SPECIAL ASSESSMENTS 1
CHAPTER 50: GARBAGE AND REFUSE Section 50.01 Definitions 50.02 City Collection; Collection Exclusive 50.03 Disposal of Refuse 50.04 Containers 50.05 Industrial Receptacles 50.06 Vehicles 50.07 Private Hauler s License 50.08 Rules 50.09 Collection Charges 50.10 Charges on City Utilities Bill 50.11 Charged to Owner or Occupant 50.12 Failure to Pay 50.13 Disposal Fund 50.14 Garbage and Refuse Rates 50.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMMERCIAL/INDUSTRIAL GARBAGE OR REFUSE. Any garbage or refuse from any business, industry or service establishment. RESIDENTIAL GARBAGE OR OTHER REFUSE. Means all putrefied animal, vegetable or other material that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, bird, fruit or vegetable, containers or wrappers wasted along with such materials, generally kitchen and home refuse. Such items as recyclable materials, appliances, furniture, equipment, automobiles and parts, trees, stumps, hedge and grass trimmings, brush, lumber, hazardous materials, demolition materials, and similar items will not be considered refuse to be picked up by the regular residential refuse collector. RESIDENTIAL UNIT. A single-family dwelling, apartment, townhouse, condominium, and mobile home unit whose primary use is residential in nature. (Ord. 446, 7/9/07) 50.02 CITY COLLECTION; COLLECTION EXCLUSIVE. (A) There is established a city garbage collection system. (B) Except as herein provided for, no residential garbage or refuse shall be collected or disposed of by any household or owner of any apartment unit except through the city garbage 2
collection system. No commercial or industrial garbage or refuse shall be disposed of except by the owner thereof or by a duly licensed garbage or refuse collector. The existence of indoor or outdoor incinerators or burning receptacles, or weekend or seasonal homes, shall not relieve any household from disposing of household garbage or refuse through the city garbage collections system, or paying the City fees provided therefore. (Ord. 446 7/9/07) (1) A building or complex that is primarily commercial in nature with residential units, shall be permitted to use either the City exclusive residential collection system for the residential use, or contract with a private commercial garbage contractor for both the commercial and residential use. (2) A building or complex that is primarily residential in nature with three or more residential units, may elect to use the City s exclusive residential collection system for the residential use or contract with a private commercial garbage contractor for residential use. 50.03 DISPOSAL OF REFUSE. No person shall hereafter deposit or cause to be deposited any garbage or refuse upon any street, avenue, vacant lot or upon any yard, back yard or other ground or place appurtenant to any dwelling house, boarding house, lodging house, hotel, cafe, store, factory, laundry, work shop or other building in the city, except in metal cans or other suitable receptacles and in the manner provided in this chapter, so as not to be offensive to sight or smell. 50.04 CONTAINERS. (A) Every owner or occupant or person in control or in possession of any household, dwelling or building shall provide at his or her own expense and put and keep on the grounds, backyard or other rear or side part of the lot appurtenant to any such building, a metal can or other suitable receptacle, weighted and with a tight cover of the capacity of not more than 30 gallons and with handles on the sides, which container shall be kept clean. (B) Every person shall deposit or cause to be deposited in such can or container all garbage and refuse which shall accrue on his or her premises or on premises in his or her control or possession. The refuse shall be deposited in said can or receptacle, drained of water or other fluids. The container shall be kept covered and at the designated time each week such can or receptacle shall be placed on such property in a manner easy of access for collection pursuant to the rules and regulations of the City Council. 50.05 INDUSTRIAL RECEPTACLES. Industrial establishments shall provide suitable receptacles so as not to be offensive to sight or smell. 3
50.06 VEHICLES. All garbage or other refuse shall be transported on the streets or alleys in the city only in vehicles with leak proof bodies and completely covered with metal or heavy canvas. Vehicles shall be so operated that contents do not spill or drip upon streets or alleys or otherwise create a nuisance. 50.07 PRIVATE HAULER S LICENSE. Any person may apply for a license for commercial and industrial garbage and refuse hauling and upon application for this license as a garbage or refuse hauler shall pay to the Clerk an annual fee, the amount of which is to be determined by resolution of the Council. The license shall be approved by the Council and conditioned that the garbage or refuse hauler so licensed will comply with the provisions of this chapter and will comply with orders, directions and regulations of the Council and the Board of Health of the city made in pursuance of law. 50.08 RULES. The Council shall make and establish by resolution such administrative regulations and rules as may be necessary and proper to regulate, enforce and carry out the provisions of this chapter. 50.09 COLLECTION CHARGES. (A) The Council shall make and establish by resolution a system of service charges for the removal and disposal of household garbage and refuse under the city garbage collection system. It shall fix and declare the maximum charges, including any special charges, such as for clean-up days and compost site, and shall classify the removal and disposal according to the type of service required and given. All residential units whether on mandatory residential pickup or private commercial contract as herein provided or, will be billed for clean-up days and compost site fees through the City's Utility Collection System. (Ord. 446 7/9/07)(Ord. 454 11/13/2007) (B) There will be no suspension of services for garbage collection and other services provided for by Chapter 50 and the Rates provided therefore, unless the customer suspends all City utility services, including but not limited to electrical services, and in such cases, will require for the suspension of said services, the following: (1) Written notification to the City on a form prescribed for that purpose. (2) The payment of a reconnection fee required by the City Public Works Dept. policy for the reconnection of electrical services. (3) That the customer pay, at the time of the requested reconnection for utility services, the full fees for clean-up days and compost site that would have otherwise been charged during the period of utility service suspension. (Ord. 454 11/13/2007) 4
50.10 CHARGES ON CITY UTILITIES BILL. All such Collection Charges for the garbage collection system and any special charges provided for in Section 50.09, for each residential unit shall be entered, shown and placed on the city utilities bill and be indicated thereon as city garbage and refuse collection special charges. All such charges shall be due and payable at the office of the Finance Director. In case such service charges are not paid by the fifteenth of the following month, after the same become due, the Finance Director shall add 10% to the amount of such service charge bill and collect the same. (Ord. 446 7/9/07) 50.11 CHARGED TO OWNER OR OCCUPANT. All service charges for residential household refuse service shall be charged directly to the owner or occupant of the real estate to which service is provided. 50.12 FAILURE TO PAY. In case of failure to pay this service charge after the expiration of ten days after the due date, written notice shall be given by mail to the owner of the real estate for which refuse service is provided. After the expiration of 30 days from the date of the written notice, the service charges shall be certified to the County Auditor on October 1 of each year, with interest thereon at the rate of 6% per annum from the date of expiration of the 30-day notice to be included with the taxes against the real estate involved and to be collected. The Council shall levy annually an assessment equal to such unpaid service charges on October 1 of each year against the lot or parcel of land involved. Such assessments shall be so certified to the County Auditor and shall be collected and remitted to the city in the same manner as special assessments. 50.13 DISPOSAL FUND. All income from the operation of the residential refuse collection system shall be kept and maintained in a special city fund designated as the Garbage Disposal Fund. All expenses of operation of the city garbage collection system shall be paid there from. 50.14 GARBAGE & REFUSE RATES. The Rates per month authorized by this Chapter shall be as hereafter provided: (A) Garbage collection rate per month $15.40 Garbage service fee per month (1) Recycling and compost fee $ 3.26 (2) Clean-up Days $1.00 $ 1.00 (3) Garbage Sticker $ 3.00 (Ord. 477 07/27/2009) (Ord. 486, 02-08-2010) (Ord. 509, 04-09-12)(Ord. 560, 12-14-15) (Amended 12-12-16, Ord. No. 573). 5