§ 58-3. Refuse containers.

(a)

The city shall furnish each domestic residential customer a wheeled refuse container in accordance with specifications approved by the city commission.

(b)

The city or its designated agents, licensees, franchisees, employees, or contract representatives or any person with whom the city contractually agrees to allow to furnish commercial containers may furnish commercial containers to commercial establishments so long as the city approves of such furnishing. It shall be the duty of the director to regulate the replacement of all city-owned containers and other containers. When such city-owned or other containers are furnished to commercial establishments, such commercial establishments shall use such furnished containers and shall use no others without the director's approval.

(c)

No commercial refuse shall be deposited or collected from an open bin, trash room, oil drum, boxes or any other receptacles not specified in this chapter.

(d)

Ashes shall be cooled for 24 hours before depositing in any commercial container owned by the city. Any establishment depositing hot ashes in a city-owned container which causes damage to such container shall be responsible for the costs for repairing or replacing such container.

(e)

All refuse containers shall be maintained and kept in a sanitary condition by the users. Any container which fails to meet such sanitary standards is declared to be a nuisance and may be abated as provided in division 2 of article II of chapter 2.

(f)

It shall be unlawful for any person to dispose of refuse, garbage, or industrial waste in any refuse container furnished by the city under this section unless such person has contracted with the city for the use of such refuse container or has been given authorization by the city or by the person who has contracted with the city for the use of such refuse container. Any person or business found guilty of violating this subsection shall be punished by a fine of not more than $250.00 for each violation. If any such fine is assessed against a business and the fine remains unpaid for more than ten days after service of the notice of such fine, the occupational license of such business shall be suspended until the fine and any costs of collection have been paid in full. If it becomes necessary to resort to legal action to enforce this section, the city shall be entitled to recover its costs and attorney fees incurred in pursuing collection, whether or not suit is brought.

(g)

All construction sites must provide an adequate construction and demolition debris container at the construction site for the duration of the construction. Construction debris shall be properly placed in the construction and demolition debris container. No person shall dispose of debris except in approved construction and demolition debris containers. Filled construction and demolition debris containers shall be promptly delivered to a commercial garbage hauler or removed to an authorized disposal facility. If, in the opinion of the public works director, the construction and demolition debris container(s) on-site is/are not adequate, the public works director may require (after written notice) additional construction and demolition debris containers to be on-site within 24 hours. The individual or agency named on the building permit is responsible for compliance with this section of the solid waste ordinance. Failure to comply with this section may result in code enforcement actions. In addition to the aforesaid enforcement procedures, in severe cases, the city manager is authorized to suspend the associated building permits if deemed necessary.

(Code 1988, § 17-3; Ord. No. 00-49, § I, 8-24-00)