SECTION 1.  Definitions. In this ordinance:

            Bulky waste includes appliances, furniture and other large waste materials, other than construction debris, dead animals, hazardous waste or stable matter.

            Commercial customer means the owner or occupant of a premise or facility at which commercial solid waste is generated.

            Commercial solid waste means all solid waste generated at a location or facility other than a residential unit.

            Construction debris means waste building materials resulting from construction, remodeling, repair or demolition of buildings.

            Contractor means the company under contract with the city for the collection and disposal of solid waste and recyclables.     

            Garbage means decayable solid waste, including dead animals, animal and vegetable waste, food containers, and all other waste matter which is likely to attract flies or vermin, except any matter included in the definitions of bulky waste, construction debris, dead animal, hazardous waste, rubbish or stable matter.

            Hazardous waste means any waste material that is dangerous or potentially harmful to human health or the environment. Hazardous wastes are more specifically classified under federal law.       

            Recyclables means garbage or rubbish that has useful physical or chemical properties after serving its original purpose and can be reused or remanufactured into other products.

            Recyclables cart means a wheeled plastic cart furnished by the Contractor to each residential unit for use in the collection of recyclables.

            Residential customer means the owner or occupant of a residential unit at which residential solid waste is generated.

            Residential solid waste means solid waste generated at a residential unit.

            Residential unit means a room or set of rooms suitable for residential use by a single family, including a single‑family dwelling, townhouse, apartment or condominium unit. Each unit in a townhouse, fourplex, duplex, or condominium dwelling that has four or less dwelling units, will be treated as a residential unit, and each residential unit will be billed separately. Those residential units served by a dumpster will not be included in this definition.

            Rubbish means nondecayable solid waste, including wood, wood products, grass cuttings, plants, leaves, paper, cardboard, cloth, leather, footwear, ashes, cinders, floor sweepings, glass, mineral or metallic materials, and all other waste materials other than bulky waste, construction debris, garbage, stable matter, tree trimmings or yard waste.

            Solid waste means non-hazardous garbage, rubbish, bulky waste, construction debris, stable matter, tree trimmings and yard waste.

            Solid waste cart means a plastic container with attached lid and wheels for the storage and collection of solid waste.

            Stable matter means all manure and other waste matter normally accumulated in or about a stable, or any animal, livestock, or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.

            Yard waste means tree limbs, grass and plant clippings, and tree or brush trimmings.

               SECTION 2.  City Provision of Services.

               (a) The city will provide solid waste collection and disposal services through the Contractor to all residential units and all commercial customers in the city. These services will be provided solely through the Contractor. If a solid waste collection container is placed within the city by any firm other than the Contractor, the container will be subject to removal and storage at the expense of the other firm. 

               (b) The city will provide recyclables collection and disposal services through the Contractor to all residential units in the city. These services will be provided solely by the Contractor. If a recyclables collection container is placed within the city by any firm other than the Contractor, the container will be subject to removal and storage at the expense of the other firm.

               SECTION 3.  Service Charges.

               (a) The charges for solid waste and recyclables collection and disposal services are established as described in the following tables.  The charges will be subject to periodic adjustment in accordance with the city’s contract with the Contractor.

      Residential Units

Description

Monthly Rate

Collection and disposal of solid waste, one time per week w/96 gallon cart, plus two 30 gallon bags or bundles

 - and - 

Collection and processing of recyclables, one time every other week, w/35 gallon cart

$29.00

Extra 96 gallon solid waste cart

$10.00

      Commercial Customers – One Time per Week Service 

Container Size

Monthly Rate

96 gallon cart

$31.00

2 cubic yards

$70.00

3 cubic yards

$80.00

4 cubic yards

$90.00

6 cubic yards

$115.00

8 cubic yards

$135.00

Lock bars (each container)

$15.00

Casters (each container)

$15.00

      Roll-off Service 

Size

Description

Rate

20 cubic yard

Rent/day

$4.00

Delivery

$175.00

Haul

$375.00

30 cubic yard

Rent/day

$4.00

Delivery

$175.00

Haul

$400.00

30 cubic yard

Rent/day

$4.00

Delivery

$175.00

Haul

$425.00

            (b) The Contractor will bill customers directly for roll-off service. The Contractor will bill and remit to the city a franchise fee for use of city streets, alleys and rights-of-way of three percent of the amount billed by the Contractor for roll-off service.

            (c) The city will bill for all other services provided to residential units and commercial customers. Billing will be to the person to whom other city utility services for the premises are billed. If no other city utility services are provided and billed to a premises, billing will be to the owner or occupant of the premises, unless other arrangements are made with the city’s approval.

            (d) The city will bill and retain a franchise fee for use of city streets, alleys and rights-of-way of three percent of the service charge for services to commercial customers.

            (e) All services will be subject to applicable sales and use taxes.

            SECTION 4.  Required Provision of Services; Prohibition of Nuisances.

            (a) The owner and the occupant of premises are each responsible for compliance with this Section. The utility billing records of the city or another utility provider are prima facie evidence of the identity of the occupant of premises. The ownership records maintained by the Caldwell County Appraisal District are prima facie evidence of the owner of premises.

            (b) All solid waste and recyclables generated on the premises of residential units, and all solid waste generated on the premises of a commercial customer, must be appropriately placed for collection and disposal services provided by the city through the Contractor.

            (c) Failure to appropriately place solid waste and (if applicable) recyclables for collection and disposal by the Contractor on a service day will be deemed to be creating and maintaining a nuisance on the premises.

            (d) Failure to timely pay applicable charges for solid waste and (if applicable) recyclables collection and disposal services will result in termination of those services. Upon termination of those services, a nuisance will be deemed to be created and maintained on the premises.

            (e) It is unlawful for an occupant of a residential unit, or a commercial customer, to create or maintain a nuisance.

            (f) The owner or occupant of a residential unit may place a temporary hold on collection of solid waste and recyclables from the unit by delivering a written request to the city.  The written notice must state the physical address, the owner or occupant responsible for the bill and the time period which the hold will apply.  The time period must be in whole months not to exceed two months.   It will be a defense to prosecution for a violation of subsection (b) or (e) that the owner or occupant delivered such a request to the city, and the alleged violation occurred during the period of time specified in the request.  The city will forward a copy of the request to the Contractor so that the Contractor’s billing to the city for services to the unit can be suspended during the period of time.  This provision shall not apply to residential units being serviced by a container larger than 96 gallons.  A hold may only be placed one time in a twelve month period.   

            SECTION 5. Residential Unit Bag Requirements.

            If an occupant of a residential unit uses bags for solid waste collection (in addition to the solid waste cart provided by the Contractor), the bags must have sufficient wall strength to maintain physical integrity when lifted by the top, and must be securely closed to prevent access into the bags by flies and vermin.

            SECTION 6. Placement of Carts and Bags for Collection.

            (a) The owner and the occupant of premises are each responsible for compliance with this Section. The utility billing records of the city or another utility provider are prima facie evidence of the identity of the occupant of premises. The ownership records maintained by the Caldwell County Appraisal District are prima facie evidence of the owner of premises.

            (b) All solid waste must be placed for collection only in solid waste carts provided by the Contractor and 30 gallon bags provided by customers. All recyclables must be placed for collection only in recyclables carts provided by the Contractor.

            (c) Solid waste carts and bags and recyclables carts must be placed for collection between noon the day preceding collection day and 7:00 a.m. of collection day, and they must be placed as close to the roadway as practicable without interfering with vehicles or pedestrians.

            (d) Bulky waste, construction debris, stable matter, and yard waste from residential units which does not fit within solid waste carts or 30 gallon bags must be disposed of in a lawful manner by the person who generated the waste.

            (e) Emptied solid waste carts and recyclables carts must be removed to a location at the side or rear of a building on the premises by midnight of collection day.

            (f) Only recyclables approved by the city administrator may be placed in recyclables carts.

            SECTION 7. Placing Solid Waste Outside Buildings.

            It is unlawful for an owner or occupant of premises to:

            (1)        Cause or permit any solid waste generated on the premises to be placed or to remain outside of a building on the premises unless it is inside a solid waste cart, a securely closed bag, or other secure container;

            (2)        Cause or permit any solid waste to be placed or to remain outside of a building on the premises in a manner that is likely to:

                        a.         Create a harborage or breeding place for mosquitoes, flies or vermin; or

                        b.         Allow the waste to be scattered or carried away by the elements;

            (3)        Cause or permit a dead animal to be placed or to remain outside of a building on the premises unless it is contained in a bag or unless the owner or occupant has made arrangements to have the animal removed from the premises within 24 hours;

            (4)        Cause or permit hazardous, infectious or toxic waste to remain outside of a building on the premises unless it is properly contained and arrangements have been made for lawful collection and disposal of the waste at the expense of the owner or occupant; or

            (5)        Cause or permit any solid waste to be burned on the premises.

            SECTION 8. Commercial Container Requirements.

            (a) Each commercial customer (both the owner and the occupant of the premises) are responsible for compliance with this Section. The utility billing records of the city or another utility provider are prima facie evidence of the identity of the occupant of premises. The ownership records maintained by the Caldwell County Appraisal District are prima facie evidence of the owner of premises.

            (b) All commercial solid waste containers shall be stored and placed for collection entirely off streets, alleys or other public property.

            (c) All accumulations of garbage and rubbish on a premises shall be collected on a daily basis and placed securely in bags, containers or bins.

            (d) All bins shall be kept in good repair, with properly working, tight-fitting lids and plugs, and shall be kept reasonably clean at all times.

            SECTION 9. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion.