§ 27-76. Residential service.

(a)

Provided. Residential service shall consist of curbside collection of all garbage and household trash, and an optional service of backyard collection of garbage and household trash.

(b)

Preparation, storage, placement for collection.

(1)

Garbage and household trash:

a.

Each dwelling unit qualifying for residential service in the city shall be assigned a serial-numbered cart of the size requested by the occupant of the unit, or, if no size request is received, of the size determined by the city manager or designee. The occupant may exchange the cart for another of different size upon paying the fee as listed in Appendix A. Damaged and stolen carts will be replaced on request.

b.

All garbage and household trash shall be drained of free liquids and stored for collection in the assigned cart, or in pre-paid garbage disposal bags, as accumulated. The cart shall not be filled above a height allowing the attached lid to be completely closed, nor shall the bags be filled such that they cannot be securely fastened shut or weigh over 40 pounds. The bags may be placed inside nondisposable containers. The assigned cart and the pre-paid garbage disposal bags shall be placed at the curb or roadside no earlier than 5:00 p.m. on the day preceding the scheduled collection day, and the emptied carts and nondisposable containers shall be removed from the curbside location not later than 9:00 p.m. of the day of collection. The carts and nondisposable containers shall be removed and kept, except during the hours permitted by this section for the placement of them for collection, at a location where they are not clearly visible from any public street. It shall be unlawful and punishable as provided for any owner or occupant to place, permit the placing of or allow the continued location of garbage and household trash containers in any location or at any times not provided for in this subsection. Garbage and household trash placed in containers other than the assigned cart or pre-paid approved garbage disposal bags will not be collected. Nondisposable or reusable containers intended not to be picked up by the collectors shall be clearly and appropriately identified. Anyone placing garbage or household trash in containers other than the assigned cart or pre-paid garbage disposal bags will be in violation of this article.

c.

Any container, other than the assigned cart, that is allowed to remain at curbside or roadside at times other than those permitted by this section, and any container, other than the assigned cart, that has become damaged or deteriorated, may be impounded by the city. The owner of any such container so impounded shall be notified immediately in writing by the city by mail to the address where picked up or by placing a notice thereof in a conspicuous place on such premises, or both. The owner may redeem such impounded containers within 30 days after the same are impounded by the city by paying the charges in accordance with the schedule set out in Appendix A. Any container not redeemed within the 30-day period may be used by the city in any manner as the city may determine in furtherance of the waste control program or may be sold to the highest bidder at a noticed public sale for each, which cash shall be deposited in the general fund of the city.

(2)

Yard trash. Yard trash that is properly bundled or containerized in such manner to enable one person to lift the trash in a single lifting movement to place same in the compaction truck, and which bundles or containers do not exceed 40 pounds in weight and five feet in length, will be collected at curb or roadside. If tree or shrubbery trimmings are not containerized they may be placed at curbside in a compact pile not containing any items exceeding 40 pounds in weight and five feet in length and will be picked up. Grass, leaves and pine straw must be containerized by either using disposable or reusable containers, and will be collected if properly placed for collection at curb or roadside. Nondisposable or reusable containers intended not to be picked up by the collectors shall be clearly and appropriately identified. Concrete, dirt, bricks, appliances, furniture or similar items are not considered yard trash, and will not be collected except by special service as described in section 27-77.

(3)

Bin provided. Each dwelling unit shall be provided a bin for the purpose of storage and disposal of recyclable materials. Recyclable materials that meet the requirements set forth by the city manager or designee shall be collected from curb or roadside. Recyclable materials not fitting in the bin may be placed in nondisposable containers or paper bags and will be collected at curb or roadside.

(c)

Responsibility for scattered garbage or trash. Customers are responsible for the cleanup from bags torn or cans spilled by animals, or otherwise spilled through no fault of the collectors. Collectors are not required to sweep, fork, shovel or otherwise clean up trash or garbage that has become scattered or is otherwise not readily picked up and placed in the compaction truck, including spillage resulting from overloaded containers.

(d)

Backyard option and service fee exception. The residential service program will allow customers the option of requesting backyard collection. (This does not include yard trash.) Such requests must be made in writing to the city manager or designee 30 days in advance of the start of service and once requested, such service and associated fees shall remain in effect for a minimum of six months. Service charges for backyard service as specified in the schedule set out in Appendix A may be waived and the uniform curbside service charge applied where all occupants of the dwelling unit are physically incapacitated and unable to transport their cart and bin to the curb. Customers desiring backyard service at the curbside rate must be certified as to the necessity for this service by the city manager or designee who may impose such reasonable conditions as may be required for such service and certification.

(e)

Service charges. In order to cover the direct cost, including but not limited to inspecting, billing, collecting, handling, hauling and disposal of solid waste, yard trash and recyclable materials, and indirect cost, including but not limited to administration, accounting, personnel, purchasing, legal and other staff or departmental services, service charges in accordance with the schedule set out in Appendix A shall be paid monthly to the city, which charge shall be included on the regular monthly statement for utility service.

(f)

Residential service exclusion.

(1)

Owners of buildings containing two to four residential dwelling units may petition the city to be excluded from residential service and allowed to contract for commercially-collected residential service.

(2)

Petitions for exclusion shall be made to the city manager or designee.

(3)

Petitions shall be made on city-provided forms, and shall contain the following information:

a.

Applicant's name.

b.

Address of the property proposed to be excluded and number of dwelling units.

c.

A copy of the proposed service agreement between the applicant and a franchised commercial provider, including the level and type of services to be provided and the number of dwelling units to be served.

(4)

Upon receipt of a properly executed application and verification of the supporting documentation, the city manager or designee shall decide whether to grant the exclusion based on the following criteria:

a.

Collection history (whether commercial or residential)

b.

Accessibility of collection vehicles to property.

c.

Available space for placement of carts.

d.

Predominant use of property.

e.

Safety.

f.

Level of service requested by residents.

(5)

The city manager or designee shall notify the applicant in writing of the decision.

(6)

If the exclusion is approved, it shall be effective from the date specified by the city manager or designee until September 30, 2004, unless terminated earlier by the city manager or designee, or at the request of the property owner, due to changes in the contract between the city and its solid waste collector or change in circumstances concerning the property.

(7)

If the exclusion is approved, the applicant must contract for recycling service specified in section 27-85.

(Code 1960, § 28-27; Ord. No. 3069, § 2, 10-15-84; Ord. No. 3174, § 2, 10-21-85; Ord. No. 3303, § 2, 11-24-86; Ord. No. 3328, § 2, 3-9-87; Ord. No. 3374, § 2, 9-28-87; Ord. No. 3410, § 2, 2-22-88; Ord. No. 3470, § 2, 9-26-88; Ord. No. 3531, § 2, 4-24-89; Ord. No. 3577, § 2, 10-9-89; Ord. No. 3648, § 2, 8-20-90; Ord. No. 4032, § 3, 9-26-94; Ord. No. 4071, § 2, 4-10-95; Ord. No. 950798, § 2, 10-23-95; Ord. No. 951263, § 1, 8-12-96; Ord. No. 990031, § 1, 6-28-99)