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Home My WebLink AboutOrdinance 1007 - Garbage and Refuse CHAPTER X – NUISANCES & OFFENSES ORDINANCE 1007 GARBAGE AND REFUSE ORDINANCE ......................................1007-0 Section 1007.01: DEPOSIT OF GARBAGE AND REFUSE RESTRICTED .............1007-1 Section 1007.02: GARBAGE AND REFUSE CONTAINERS ..................................1007-1 Section 1007.03: COLLECTION BY CITY ..............................................................1007-1 Section 1007.04: FURNITURE AND MATTRESSES ..............................................1007-2 Section 1007.05: DEBRIS .........................................................................................1007-2 Section 1007.06: STORAGE OF MATERIAL ..........................................................1007-2 Section 1007.07: COMPOST SITE............................................................................1007-2 Section 1007.08: NUISANCE DECLARED ..............................................................1007-2 Section 1007.09: PENALTIES AND ABATEMENT ................................................1007-2 Section 1007.10: STORAGE .....................................................................................1007-2 1007-0 CHAPTER X – NUISANCES & OFFENSES ORDINANCE 1007 GARBAGE AND REFUSE ORDINANCE Section 1007.01: DEPOSIT OF GARBAGE AND REFUSE RESTRICTED. No person shall hereafter deposit or cause to be deposited any garbage, kitchen or table refuse, or any decayed animal or vegetable substance or any noxious or offensive substance or any substance injurious to life or health, upon any street, avenue, vacant lot or vacant part of any lot or upon any yard, back yard or other ground or place appurtenant to any dwelling house, boarding house, lodging house, hotel, restaurant, store, saloon, factory, laundry, work shop or other inhabited building, in the City of St. Joseph except in proper containers and in the manner as herein provided. No person shall hereafter deposit or cause to be deposited soil, gravel, lawn waste, grass clippings, leaves, garden waste, refuse, or construction debris on the property of another without the explicit consent of the property owner. Section 1007.02: GARBAGE AND REFUSE CONTAINERS. Every owner or occupant, or person in control or possession of any dwelling house, hotel, restaurant, boarding house, lodging house, store, laundry, factory or other inhabited building or structure shall provide at his own expense and put and keep on the grounds back yard or other part of the lot appurtenant to any such specified premises and in a convenient place, easy access for collection as provided in Section 3 of this ordinance, a container of a type or kind approved for use by the City's contract refuse hauler; and every such person shall deposit or cause to be deposited in such can all garbage and other refuse and substances specified in Section 1, of this ordinance, which shall accrue on his or her premises or on premises in his or her control or possession and shall deposit in said container the same drained of water or other fluid, and wrapped in paper in parcels, and shall keep such container covered. Section 1007.03: COLLECTION BY CITY. For non-rental residential property, the City Council shall provide for the collection of all garbage and other refuse and recyclables deposited in the containers and shall provide for the removal of the same to such place as shall be provided by the City Council for that purpose. The City Council may contract for such collection and removal of such garbage and other refuse, but all such employment or procuring of means shall be done in the name of and for and on behalf of the City, and the expense thereof shall be paid out of the funds of the City generated by a charge to users. The City Council may adopt such reasonable rules and regulations for the deposit, collection and removal of such garbage and other refuse aforesaid as it may deem necessary or useful. Non-residential property shall privately contract for the removal of refuse in a manner consistent with this ordinance. a) Garbage or other refuse and recyclable containers shall not be placed on the curb line more than 24 hours prior to scheduled collection or be left on the curb line more than 24 hours after scheduled collection. Amended 5/6/19 1007-1 CHAPTER X – NUISANCES & OFFENSES Section 1007.04: FURNITURE AND MATTRESSES. No person shall place or allow to remain any furniture constructed and originally sold for use inside a structure, including but not limited to bed mattresses, sofas, and couches, at a place or location where the time would be exposed to the weather elements and within the view of the general public, except under the following circumstances: a) When the item has been set out to be picked up for removal and transportation to a disposal site. The item must be removed within 48 hours. Section 1007.05: DEBRIS. No person shall deposit or allow the deposit of and construction debris, construction scraps, packing or shipping debris, inoperable appliances, containers, wrappers or other debris at any outside location, except in a properly permitted garbage or refuse container, or in a truck or trailer for transportation to a permitted disposal site. Section 1007.06: STORAGE OF MATERIAL. No person shall store or maintain construction material, machinery, equipment, or used pallets, crates or barrels, at an outside location where visible from off the property on which it is stored in any area zoned for residential use. Section 1007.07: COMPOST SITE. No yard waste may be included in garbage or refuse pick up. The City shall provide a compost site for the deposit of all yard waste by residents of the City. For purposes of this ordinance, yard waste shall include grass clippings, garden growth, leaves, sticks, branches, thatch, vines, or wood chips. Use of the compost site shall be pursuant to reasonable rules and regulations established by the City. Section 1007.08: NUISANCE DECLARED. A violation of any provision of this Ordinance constitutes a public nuisance. The maintenance of a public nuisance within the City is unlawful, and any person, firm or corporation that maintains a public nuisance is subject to the penalties defined in Section 1007.09. Section 1007.09: PENALTIES AND ABATEMENT. Any person, firm or corporation violating any provision of this Ordinance is subject to any and all applicable penalties and fees codified in Ordinance 104. If a person, firm, or corporation receives an administrative citation and compliance letter for a violation of this Ordinance and that person, firm, or corporation fails to pay the civil fine, to illustrate compliance per the terms of the compliance letter, and to request an administrative hearing within the time allotted pursuant to Ordinance 104, the City may abate the nuisance and assess the costs of abatement against said property. If the person, firm, or corporation requests an administrative hearing and fails to abate the nuisance within 60 days after receiving the hearing officer’s report, the City may abate the violation and assess the costs of abatement against said property. Section 1007.10: STORAGE. If the City abates the nuisance, all items removed from the real property will be deemed junk property. Junk property will be inventoried and stored by the City for a period of 20 days after abatement. The owner of real property from where junk property was removed may reclaim the junk property from the City during the storage period at normal business hours. The real property owner is responsible for the costs of storing junk 1007-2 CHAPTER X – NUISANCES & OFFENSES property and must pay the costs of storage at the time the junk property is reclaimed. If the real property owner does not reclaim the junk property during the 20-day storage period, the City will dispose of the junk property and the costs of storage and disposal will be assessed against the real property. Updated 7/18/94; Updated 6/2003 – Section 1007.04; Updated 2/5/18 1007-3