Chapter 15 — SOLID WASTE

1. For state law authorizing cities to enter into garbage and refuse disposal contracts, see P.R.C. § 49300.

Editor's note— Ord. No. 2023-01, § 3, adopted March 21, 2023, amended Ch. 15 in its entirety to read as herein set out. Former Ch. 15, §§ 15.1—15.17, pertained to similar subject matter, and derived from Ord. No. 95-14, Exh. A; Ord. No. 2010-01, §§ 1, 2; Ord. No. 2011-03, § 1, adopted Aug. 1, 2011; and Ord. No. 2022-02, § 3, adopted June 21, 2022.

The solid waste bin/container owner shall provide bins or containers in good repair and condition with tight fitting lids, doors or covers.

It shall be the duty of the person in charge of the premises to keep such solid waste container(s) clean at all times and in condition to prevent access to the contents by flies, rodents, or other pests. It shall be the solid waste bin owner's responsibility to clean and maintain the multiple-user solid waste bins in a similar manner and condition.

If the solid waste bin owner determines that any solid waste container as defined herein is not fit for such use, a notice shall be placed on the receptacle specifying the deficiency. The person in charge of the premises shall then make arrangements to have the container exchange for a new container.

The person in charge of the premises shall secure solid waste bins with a pad lock upon direction of the city when repeated occurrences warrant further steps to prevent or deter unlawful tampering or meddling of solid waste.

(Ord. No. 2023-01, § 3, 3-21-2023)

(a)

All containers used shall be set out for collection in a place convenient and accessible to the collectors), and shall be placed for collection not more than one foot from the curb, without a fence, hedge or other obstruction between the collector and the container(s). Cars or other objects shall not hinder the collection of the container(s). The person in charge of the premises shall place their container(s) next to that of a neighbor to eliminate unnecessary stops. The person in charge of the premises shall see that the bin or container lids, doors, covers and access doors remain closed when not in actual use, placing or removing waste.

(b)

No person shall place, or cause to be placed, any solid waste, green waste and/or recyclable receptacle therefore, in any public highway or in any place or in any manner other than herein above provided, or at any time other than the days established by the city for the collection thereof on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all receptacles shall be removed from the place of collection within forty-eight hours from the day the receptacles have been emptied.

(c)

Each owner, occupant, tenant or lessee of a residential unit or commercial premises shall maintain the same in a sanitary condition. If the containers or receptacles are not emptied and the contents removed on the date and time scheduled by the permittee, such person shall immediately notify the permittee or the city, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal thereof.

(d)

Refuse, trash rubbish, green waste, recyclables and other solid waste which exceeds the limitations hereinabove set forth may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval from the abovementioned occupant of the premises and subject to any requirements set forth in the permit.

(e)

No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the city or a permittee's agents or employees authorized for such purposes, shall tamper or meddle with any solid waste, green waste or recyclable material receptacle or the contents thereof, or remove the contents thereof, or remove any receptacle from the location where the same shall have been placed for collection.

(Ord. No. 2023-01, § 3, 3-21-2023)

Collection of nonstandard item(s) shall be arranged by the person in charge of the premises through the city's contracted solid waste enterprise for solid waste handling services. The city's contracted solid waste enterprise shall specify the time for collection and the placement of the item(s) on the property the item(s) are to be collected from.

(Ord. No. 2023-01, § 3, 3-21-2023)

It shall be unlawful to burn solid waste in the city unless it is in a location and receptacle of a type approved by the fire department of the city.

(Ord. No. 2023-01, § 3, 3-21-2023)

All solid waste and franchised recyclables collected by the city contracted solid waste enterprise for removal from the premises where accumulated and transported over and upon a public street, alley, lane, right of way or place shall become the property of the city contracted solid waste enterprise. Such solid waste and franchised recyclables collected shall be subject to the exclusive control and disposition by the city contracted solid waste enterprise.

Solid waste of a soft, mushy and/or liquid nature shall not be transported by a private contractor or individual without a permit from the public works director, which permit shall require compliance with all city ordinances and public health laws and regulations. Such permit shall not be granted unless the body of the vehicle is of a type and design that materials being transported will not leak, spill, blow, or otherwise escape therefrom while being transported.

(Ord. No. 2023-01, § 3, 3-21-2023)

For any service required or authorized under this chapter in the collection of solid waste, rates shall be set by resolution of the city council and may be modified from time to time by resolution of the city council.

(Ord. No. 2023-01, § 3, 3-21-2023)

Prior to the adoption of any resolution establishing or modifying rates for solid waste collection, a public hearing on such proposed rates shall be held by the city council. Notice of such public hearing shall be given by the city clerk by publication one time in a newspaper of general circulation in the city at least ten days prior to the hearing. No establishment or modification of rates for solid waste collection shall be adopted until at least fourteen days after such public hearing.

(Ord. No. 2023-01, § 3, 3-21-2023)

water bills.

Charges for collection of solid waste shall be due on the first day of each calendar month in advance. The finance department is designated as the collector of such service charges and where same may be paid. Upon payment they shall give a receipt showing the amount paid, the period covered by the payment, and the premises for which it is paid. The receipt shall be in duplicate and a duplicate copy kept by the finance department. The monthly charge shall be due and payable at the same time and in the same manner as water bills are paid to the city, and all ordinances, rules, and regulations governing collection of water bills shall apply in every particular to the collection of solid waste collection charges.

(Ord. No. 2023-01, § 3, 3-21-2023)

Rendering of the service of collection of solid waste shall be presumed to be for the benefit of the premises from which it is removed, and the occupant of the premises shall be presumed to be the agent of the owner thereof and acting on behalf of the owner in receiving such service, and the charges of such service if unpaid shall become a lien on the premises served.

Every person receiving solid waste collection under this chapter shall be personally liable to the city for payment of the rates established in this chapter for such service.

(Ord. No. 2023-01, § 3, 3-21-2023)

Delinquent charges for services rendered to the premises under this chapter may be collected at the option of the city council by a personal action against the occupant receiving such service or by an action for foreclosure of the lien on the premises served.

(Ord. No. 2023-01, § 3, 3-21-2023)

See. 15.14. - Additional collections.

If additional collections are required, they can be scheduled by the city's contracted solid waste enterprise for solid waste handling services, and the associated additional charges as provided for in this chapter applied.

(Ord. No. 2023-01, § 3, 3-21-2023)

See. 15.15. - Rules and regulations.

The city council may from time to time promulgate rules and regulations construing their intent in the application of the provisions of this chapter to practical problems and situations as they arise.

(Ord. No. 2023-01, § 3, 3-21-2023)

See. 15.16. - Recycling.

This chapter may be amended by a resolution of the city council pertaining to the implementation of the Solid Waste Reduction Act.

(Ord. No. 2023-01, § 3, 3-21-2023)

A violation of this chapter (other than section 15.4) shall constitute an infraction punishable by:

(a)

A fine not exceeding one hundred dollars for the first violation;

(b)

A fine not exceeding two hundred dollars for second violation of this chapter within one year; and

(c)

A fine not exceeding five hundred dollars for each additional violation of this chapter within one year.

(Ord. No. 2023-01, § 3, 3-21-2023)