Aurora garbage collection 2014 ordinance

CITY OF AURORA ORDINANCE 2014-_____ AMENDMENT TO ORDINANCE CHAPTER 50 GARBAGE COLLECTION PROCEDURE, PENALTIES AND CONTINUOUS ABATEMENT Collection Procedure 50.01 Preparation of garbage, trash, rubbish or the like 50.02 Placement of garbage, trash, rubbish or the like 50.03 Container specification (Repealed) 50.04 Removal of defective containers 50.05 Uncovering containers after placement for collection 50.06 Fees for dumping garbage and refuse 50.07 Violations and Penalties COLLECTION PROCEDURE ยง 50.01 PREPARATION OF GARBAGE, TRASH, RUBBISH OR THE LIKE. (A) Any garbage, trash, rubbish or other materials to be picked up and disposed of shall be placed in non-leaking metal or plastic containers with tight fitting lids. Any such single container shall be no larger than 60 gallons and shall weigh no more than 50 pounds.

(B) It shall be unlawful for any person or entity to place items upon or alongside any city street, alley, sidewalk or other public way within public view for collection and disposal that do not properly fit within a suitable and durable container under this Section, and any such items not in a suitable container may be passed over and refused for collection. Any large items that cannot be placed in a suitable container or bag hereunder, such as furniture or mattresses, shall be otherwise disposed of by the person or entity who owns, possesses, or is in charge of or in control of, any dwelling or real property where solid waste is created or accumulated, and will not be collected by the City.

(C) Every person or entity who owns, possesses, or is in charge of or control of, any dwelling or real property where solid waste is created or accumulated shall dispose of garbage in the manner specified in this Section and Chapter. It shall not be an excuse or defense that a landowner is leasing the real property to a tenant, or is not otherwise personally using the property himself or herself. ยง 50.02 PLACEMENT OF GARBAGE, TRASH, RUBBISH OR THE LIKE. (A) It shall be unlawful for any person to place any garbage, trash, rubbish or other materials, excluding garbage, upon or alongside any city street, alley, sidewalk or other public way for

collection and disposal, unless such garbage, trash, rubbish and other materials are contained and enclosed in a suitable and durable container under § 50.01 sack or bag or box or other container securely tied closed at the time such container placed for such collection and disposal.

(B) Any such garbage, trash, rubbish or other materials shall not be placed upon or alongside any city street, alley, sidewalk or other public way, or within public view, for collection and disposal until 3:00 p.m., or later the day before scheduled garbage collection. Any garbage containers emptied after garbage collection shall be removed from public view no later than 7:00 p.m. on the same day as garbage collection, unless garbage collection was unforeseeably postponed.

However, it shall not be a violation of this provision for garbage to be placed for collection in a suitable and durable container at any time within public alleys that are located within the area enclosed by Third Street, Exporting Street, Importing Street and Judiciary Street. § 50.03 CONTAINER SPECIFICATION. REPEALED. (A) It shall be unlawful for any person to place any garbage can or garbage container in or upon any city street, alley or other public way for collection of garbage or other wastes therefrom, unless such can or garbage container has a tight fitting and properly workable lid over the mouth or opening of such can or container and weighs less than 50 pounds gross.

(B) Any can, box, sack, bag or other container, weighing more than 50 pounds gross and placed for pick up and disposal of the contents thereof may be refused and passed over. § 50.04 REMOVAL OF DEFECTIVE CONTAINERS. Any garbage can or other garbage container, which leaks or does not have a tight fitting lid, when emptied into any collection truck may be confiscated and hauled away as a public nuisance without any liability to the owner thereof. If any such cans or containers are confiscated hereunder, any garbage placed for future collection shall still be placed in a suitable container under § 50.01. § 50.05 UNCOVERING CONTAINERS AFTER PLACEMENT FOR COLLECTION. It shall be unlawful for any person to remove the lid from, uncover, open or unite any container or uncover any can or container described herein in § 50.03 division (A) or to open or untie any sack or bag or box or other container described in § 50.02 while such can, or container, sack or bag or box or other container is positioned upon or alongside a city street, alley, sidewalk or other public way awaiting collection or disposal. § 50.06 FEES FOR DUMPING GARBAGE AND REFUSE. For city residents the rates for dumping garbage and refuse at the city dumping site is $35 per pick-up truck; $70 per dump truck; and $50 per trailer. Disposal fees for city workers to pick-up items for city residents are $20 per load subject to city’s discretion of whether to accept and dispose of the item. For non-residents the rates for dumping garbage and refuse at the city dumping site is $70 per pick-up truck; $140 per dump truck; and $100 per trailer. For construction dumping, the utility supervisor must be contacted for the rates before dumping may occur. The rate increases are effective January 1, 2010.

§ 50.07 VIOLATIONS AND PENALTIES. (A) Any violation of this Chapter may be enforced under §10.99, general penalty provision, and my be enforced administratively through the City’s Code Hearing Officer.

(B) In addition to penalties under §10.99, the City may act to bring compliance with the provisions of this chapter, and place a lien against property for costs, pursuant to the provisions of Indiana Code § 36-1-6-2. Continuous enforcement orders (as defined in I.C. 36-7-9-2) can be enforced and liens may be assessed without the need for additional notice, so long as the original notice to the property owner, and others with a substantial property interest, was served by certified mail, first-class mail, personal service, or similar service.

ADOPTED AND PASSED BY THE BY THE COMMON COUNCIL OF THE CITY OF AURORA, INDIANA THIS 16TH DAY OF JUNE, 2014.

VOTE:

For:

Against:

Joe Milish

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Kevin Gerke

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John Borgman

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Mike Crider

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Benjamin Turner

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So approved this 16th day of June, 2014. _____________________________ Donnie Hastings, Jr., Mayor So adopted by majority vote of the common council, and approved by the mayor, this 16 th day of June, 2014. _____________________________ Randolph Turner, Clerk Treasurer