§ 44-41. Container specifications and handling requirements.

(a)

Residential collection. All occupants of residences, whether single-family or multifamily, subdivision, planned unit developments, condominiums, apartment buildings, duplexes or any other arrangement of ownership, shall use city-provided mobile containers, which shall be placed adjacent to the street for collection. Rollout containers shall be emptied one time per week by the city sanitation department on days designated by the director of public works.

(1)

Placement. Rollout containers shall be placed adjacent to the street for collection on days designated by the director of public works for pickup. The mobile containers shall be placed within five feet of the curb or street edge or in an accessible location approved by the director of public works, but shall not be placed in the street or on the sidewalk.

(2)

Time requirements. The mobile containers shall be placed in the required location for collection no earlier than 7:00 p.m. on the day preceding a designated pickup day and shall be removed from the curbside location no later than 7:00 p.m. on the designated pickup day. Except during these hours, the containers shall be kept in a location no closer to the street than the front line of the residence. Containers must be curbside no later than 7:00 a.m. on collection day.

(3)

Ownership and responsibility. The mobile containers shall be furnished by the city and shall remain the property of the city. Mobile containers that are damaged, destroyed or stolen through abuse, neglect or improper use of occupant or user shall be replaced by the city at the expense of the occupant or user or resident owner. Mobile containers that are damaged in the course of normal and reasonable usage or that are damaged through no neglect or improper use of the occupant or user shall be replaced by the city at no expense to the occupant or user or resident owner. The director of public works shall determine whether the mobile container was damaged through abuse, neglect or improper use of occupant or user. Any determination made by the director of public works pursuant to this section shall be appealable to the city council if written notice of appeal is given by the occupant or user or resident owner to the city council within ten days after the director's decision. The mobile cart shall not be damaged, destroyed or defaced by any person. Markings or identification devices on containers, except as placed or specifically permitted by the director of public works, are expressly prohibited and shall be regarded as damage to the containers.

(b)

Multifamily dwelling collection. Multifamily dwellings with four or more units may utilize mobile carts or bulk containers on an individual resident or user basis; provided, however, that such multifamily dwellings must maintain and require the use of a central and common collection and pickup area, the location of which has been approved and accepted by the city director of public works.

(c)

Location of containers. Those provisions set forth in sections 44-2, 44-4, 44-6, 44-7 and subsection (a) of this section shall apply to occupants of multifamily dwellings utilizing mobile containers.

(d)

Commercial and industrial collection. Commercial and industrial collection shall be as follows:

(1)

Provisions for containers. Each establishment disposing of the equivalent of less than four cubic yards weekly shall provide rollout containers leased from the city, to remain the property of the city, and sufficient in number to contain the volume of refuse based on a once-per-week pickup. Each establishment disposing of more than four cubic yards weekly shall provide bulk containers of adequate size necessary to contain the volume of refuse based on once-per-week pickup. Establishments disposing of more than 16 cubic yards weekly shall provide bulk containers of eight cubic yards minimum capacity. Where feasible, low volume disposers may choose to combine their refuse with adjoining business, provided written permission is obtained from the business owner. Other low volume disposers may choose alternative disposal methods as approved by the director of public works.

(e)

Location of containers. Containers must be located in a position approved by the director of public works, easily accessible by the sanitation collection equipment.

(Code 1971, § 11-7; Ord. No. 10-0629, § 1, 7-1-10)