ARTICLE II. COLLECTION AND DISPOSITION OF REFUSE GENERALLY
Sec. 18-21. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Apartment complex means any multi-residential building with more than two (2) rental units.
Ashes means that refuse from fires which has been wetted and cooled to the touch prior to collection.
Building materials means any material, such as lumber, brick, plaster, gutters or other substances, accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
Bulk container means a metal container of either two (2), three (3), four (4), six (6) or eight (8) cubic yards, made of watertight construction with sliding doors opening on two (2) sides and a hinged top, and constructed so that it can be emptied mechanically by specially equipped trucks. Containers shall be kept covered at all times. All new bulk containers shall meet these specifications.
Bulky waste shall mean a large appliance, piece of furniture or waste material from a residential source other than construction and/or demolition debris or hazardous waste that cannot be placed in a refuse cart or container.
CFC/HCFC shall mean those substances described in the Clean Air Act Amendments of 1990, Title VI, Stratospheric Ozone Protection, and any subsequent implementing regulations.
Commercial waste means garbage, rubbish, ashes and other refuse resulting from institutions and commercial concerns, such as hotels, stores and the like.
Central business district means that section of the city bounded by Second Street on the west, City Point Road on the south, Kippax Street on the east and Appomattox Street on the north.
Commercial establishment means any retail, wholesale, institutional, religious, hotel, governmental or other nonresidential establishment at which garbage or trash may be generated.
Director of public works means the director or his designee.
Detachable container means a unit, varying in capacity between twenty (20) cubic yards and forty (40) cubic yards, which is used for collecting, storing and transporting acceptable waste from industry.
Garbage means the by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies, insects or animals.
Hazardous waste means waste designated as hazardous by federal law or by regulation of the United States Environmental Protection Agency or the Virginia Department of Environmental Quality. Such waste includes materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter and explosives.
Household trash means waste accumulation of paper, sweepings, dust, rags, bottles, ashes, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping.
Industrial waste means waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter which is usually attendant to operating a cafeteria or business office. Industrial waste generated from the industrial processes is not collected by the city or its representative. Industrial waste includes debris from demolition and debris from construction of new buildings.
Litter means garbage, refuse, waste material or any other discarded, used or unconsumed substance which is not handled as specified herein.
Mobile container means a wheeled garbage receptacle compatible with garbage collection equipment, and approved by the director of public works.
Refuse is a collective term which encompasses all of the solid wastes of the city.
Single-family dwelling means any dwelling place occupied by one (1) family.
Small dead animals means deceased cats, dogs, small household pets and other deceased animals of similar size.
Trailer court means any grouping of two (2) or more trailers in which either the trailers or the trailer spaces are rented out on a commercial basis.
(Ord. No. 79-30, § 1(18-16.4), 10-23-79; Ord. No. 2002-17, 9-23-2002)
Sec. 18-22. Administration and enforcement of article.
The administration and enforcement of the provisions of this article shall be the responsibility of director of public works and/or any other department or individual designated by the city manager to do so.
Sec. 18-23. Residential refuse to be collected and removed by city agents only; exceptions.
(a) No person, other than under contract with the city, to service residential refuse, shall collect or remove any residential garbage or refuse set out for collection except as otherwise approved by director of public works.
(b) The individual, company or corporation with which the city contracts for the removal of residential garbage and refuse set out for collection shall be the exclusive agent of the city for such collection. No person shall contract for the removal of such garbage or refuse with any individual, company or corporation, other than that designated by the city, without the express approval of the director of public works.
(Ord. No. 79-30, § 1(18-7), 10-23-79; Ord. No. 91-36, 11-26-91; Ord. No. 2002-17, 9-23-2002)
Sec. 18-24. Containers generally.
(a) The city or its designated representative shall provide containers as indicated by this article for refuse subject to removal by the city or its designated representative.
(b) Residents shall utilize mobile containers whose size and specifications must be approved by the director of public works. Such containers must be so constructed that they can be emptied by the lifting devices mounted on the trucks of the city or its designated representative.
(c) All refuse shall be placed in approved mobile containers, except as otherwise provided in this article, or unless it is impracticable, because of the kind, size or amount of refuse, to do so. In such a case, the excess refuse shall be placed in secure containers or otherwise secured, except for leaves during a scheduled city leaf pickup period.
(d) Bulky waste set outside of mobile containers shall not exceed the quantity of material which can be placed in, and transported safely by, a one-half ( 1/2) ton pick-up truck (approximate maximum dimensions of bulky waste: Eight (8) ft. x four (4) ft. x four (4) ft.). The director of public works is authorized to determine when bulky waste exceeds acceptable limits for normal refuse disposal.
(e) Any resident who generates more refuse than can be serviced by one (1) mobile container may purchase a second container.
(Ord. No. 79-30, § 1(18-8-11.1), 10-23-79; Ord. No. 99-3, 1-26-99; Ord. No. 2002-17, 9-23-2002)
Sec. 18-25. Placement for collection; removal of containers from pickup area.
(a) It shall be the responsibility of each owner or occupant to place his refuse for collection at the proper time and in the proper manner as provided for in this article.
(b) Mobile containers shall not be placed for pickup more than forty-eight (48) hours prior to the collection day.
(c) Refuse not placed in mobile containers shall not be placed for pickup more than twenty-four (24) hours prior to the collection day, except leaves may be placed for collection at any time during a scheduled city leaf pickup period.
(d) Mobile containers and properly secured refuse shall be placed within five (5) feet of the curb or front of the property for servicing. In the event containers and refuse within five (5) feet of the curb or front of the property, the director of public works shall designate the area for the container and refuse to be placed for servicing.
(e) Garbage collection begins at 7:00 a.m. Mobile containers which are not out when the truck passes will not be collected until the next regularly scheduled pickup date. Mobile containers must be removed from the pickup area within twelve (12) hours after pickup.
(f) Mobile containers shall not be left in the front yard of any lot or piece of property, except during the period provided for herein. For the purpose of this section, front yard shall mean "an open space, on the same lot as a building, between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot."
(Ord. No. 79-30, § 1(18-10, 18-16), 10-23-79; Ord. No. 99-4, 1-26-99; Ord. No. 99-4, 1-26-99; Ord. No. 2001-10, 6-26-2001)
Sec. 18-26. Frequency of service for mobile containers; backdoor service for such containers.
Mobile containers shall be serviced only weekly, unless otherwise designated by the city council or the director of public works. Backdoor service is available on a once-per-week basis for residents in households where no member is able to roll the mobile container to the curb. A doctor's certificate may be required by the director of public works in order that such residents may receive this backdoor service.
(Ord. No. 79-30, § 1(18-11.1), 10-23-79; Ord. No. 2002-17, 9-23-2002)
Sec. 18-27. Collectors to exercise reasonable care in handling mobile containers.
Collectors for the city shall exercise reasonable care in the handling of mobile containers and shall not willfully break, deface or injure same.
(Ord. No. 79-30, § 1(18-16.1), 10-23-79
Sec. 18-28. Replacement of mobile containers.
(a) In the event mobile containers have been damaged by misuse by the tenant, homeowner, or commercial user, the director of public works shall have the authority to discontinue service or require the user to replace the damaged container. Failure to remove the toter from the curbside within twelve (12) hours after a pickup, as required by section 18-25, shall be considered misuse. Failure to exercise reasonable care shall be considered misuse.
(b) Mobile containers which become unserviceable through normal wear and tear will be replaced at no charge for owner-occupied residences.
(c) Replacement mobile containers for rental property or commercial property must be purchased by the property owner within five (5) days of notice from the city. The city may replace mobile containers for rental and commercial properties which the owners of such properties fail to timely replace, with the cost therefor to be paid by the property owners. Unpaid mobile container costs shall constitute a lien against the property serviced by the new mobile container.
(Ord. No. 79-30, § 1(18-11.3), 10-23-79; Ord. No. 89-1, 2-14-89; Ord. No. 2002-17, 9-23-2002)
Sec. 18-29. Tampering with containers or placing hazardous refuse therein.
No person shall interfere or otherwise deter the normal refuse collection process by tampering with refuse containers or their contents, unless by permission of the director of public works, nor shall any person place any hazardous waste in any collection receptacle or container.
(Ord. No. 79-30, § 1(18-14), 10-23-79; Ord. No. 2002-17, 9-23-2002)
Cross reference: Release of hazardous substances, notifications, § 25-60.
Sec. 18-30. Reserved.
Editor's note: Ord. No. 2002-17, adopted Sept. 23, 2002, repealed § 18-30, which pertained to use of toter system or bulk containers generally and derived from Ord. No. 79-30, § 1(18-11.1), adopted Oct. 23, 1979.
Sec. 18-31. Mobile toters for apartment complexes and trailer parks.
For apartment complexes and trailer parks using the mobile toter system of refuse collection:
(1) The owner shall purchase one toter per each apartment unit or trailer and receive a bill at least quarterly at the same rate per apartment or trailer as is set for other residential units.
(2) Extra toters for laundries, pools, or other facilities will be billed at the same monthly rate.
(3) The owner shall be responsible for replacing lost or damaged toters.
(Ord. No. 79-30, § 1(18-11.2), 10-23-79; Ord. No. 82-9, 5-25-82; Ord. No. 2002-17, 9-23-2002)
Sec. 18-32. Charges for residential collection and disposal generally.
For providing or making available garbage and refuse collection and disposal service to all citizens, residences and participating commercial establishments located within the corporate limits of the city, rates or fees shall be paid as are from time to time by resolution or ordinance set by city council.
(Ord. No. 79-30, § 1(18-11.1, 18-17.1), 10-23-79; Ord. No. 80-16, 9-9-80; Ord. No. 82-9, 5-25-82; Ord. No. 82-29, 11-23-82; Ord. No. 2002-17, 9-23-2002)
Sec. 18-33. Billing and payment of charges.
The charges prescribed by section 18-32 shall be billed at least quarterly. Such bills must be paid within thirty (30) days after the date thereof. Delinquent accounts will be charged one percent of the unpaid balance per month and the cost associated with the collection of a delinquent account will be charged to that account. In addition, failure to pay such a bill within thirty (30) days may result in discontinuation of the pickup service. In the event service is discontinued due to nonpayment, the container will be returned to the city for storage.
(Ord. No. 79-30, § 1(18-11.1, 18-17.2), 10-23-79; Ord. No. 80-22, 11-25-80; Ord. No. 82-25, 9-28-82; Ord. No. 2002-17, 9-23-2002)
Sec. 18-34. Reserved.
Editor's note: Ord. No. 2002-17, adopted Sept. 23, 2002, repealed § 18-34, which pertained to service deposits and derived from Ord. No. 79-30, § 1(18-17.3), adopted Oct. 23, 1979.
Sec. 18-35. Collection of large bulky items.
(a) Large bulky waste from residences, such as stoves, water heaters, sofas, box springs, and the like, which two (2) men can reasonably load into the back of a standard garbage truck, may be disposed of as other residential waste.
(b) Appliances such as refrigerators, freezers, air conditioners and humidifiers containing CFC/HCFC products from residences may be disposed of as residential waste, provided the resident pays the collection and processing fees for the removal of the CFC/HCFC products. The receipt must be attached to the appliance.
(Ord. No. 79-30, § 1(18-10), 10-23-79; Ord. No. 2002-17, 9-23-2002)
Sec. 18-36. Collection of tree limbs and other yard waste.
Tree limbs, cuttings, shrubbery, and similar yard waste may be disposed of as residential refuse, provided that such limbs, cuttings, shrubbery, and the like are cut in four-foot lengths, tied in bundles and stacked in a neat, manageable pile, with the large or base ends towards the curbside in a manner which will not block drainage. Such piles shall be placed next to the refuse container for collection. Lawn trimmings and leaves shall not be placed in the gutter or in any drainage ditch. Materials shall not be of a hazardous nature nor shall any individual item weigh more than seventy-five (75) pounds.
(Ord. No. 79-30, § 1(18-13), 10-23-79; Ord. No. 80-13, § 18-13, 9-9-80; Ord. No. 2002-17, 9-23-2002)
Sec. 18-37. Collection and disposal of dead animals.
Small dead animals shall be picked up at the curb on a call basis, and shall not be placed in or adjacent to mobile containers. Owners of large dead animals shall be responsible for their removal and disposal.
(Ord. No. 79-30, § 1(18-16.3), 10-23-79)
Sec. 18-38. Deposit in streets, gutters or other public places; littering.
(a) It shall be unlawful for any person to put, place or throw any garbage or refuse upon any sidewalk or in any public street, public alley, gutter or drainage ditch or other public place in the city. Such materials shall be accumulated as specified in this article and placed in receptacles as provided for in this article.
(b) Littering is prohibited. Litter shall be prepared and placed for collection as specified in this article.
(Ord. No. 79-30, § 1(18-12, 18-15), 10-23-79)
Sec. 18-39. Unlawful dumping.
(a) No garbage, refuse, abandoned junk, or other offensive material shall be dumped, thrown, or allowed to remain on any lot or space within the city limits; provided, however, that the owner of any lot or parcel of land desiring to conduct a fill operation shall apply to an official designated by the city manager for a permit, and any fill operation shall be conducted in accordance with the conditions contained in the permit.
(b) When a violation of the provisions of this section has been observed by any person, the owner or operator of such vehicle shall be presumed to be the person ejecting such garbage, refuse, abandoned junk or other offensive material; provided, however, that such presumption shall be rebuttable by competent evidence. Any person who witnesses and assists in the conviction of a person violating the provisions of this section shall be rewarded fifty dollars ($50.00).
(c) Any person convicted of such violation shall be guilty of a Class I misdemeanor.
(d) This section shall not apply to a city landfill established in accordance with article III of this chapter.
(Ord. No. 79-30, § 1(18-16.2), 10-23-79; Ord. No. 82-12, 7-27-82; Ord. No. 83-10, 7-12-83)
Sec. 18-40. Notice to remove conditions in violation of article.
1. The city manager, or his authorized agent, may give the owner of any property within the city written notice to remove from such property, or from the abutting sidewalk, public street, public alley, gutter or drainage ditch, within twenty four (24) hours, any condition which is in violation of this article. The written notice may be hand-delivered to the owner of the property, and/or posted on the front door of said property.
If the owner of the property fails to comply with such notice, the city manager may have the garbage, trash, refuse, litter, lawn trimmings, cuttings, leaves or other substances removed by agents or employees of the city. The actual cost of such removal, which shall not be less than forty dollars ($40.00), shall be chargeable to and paid by the owner of the property and may be collected by the city as taxes and levies are collected.
2. The city manager, or his authorized agent, is authorized to assess a civil penalty, not to exceed fifty dollars ($50.00) for the first violation of this section. The civil penalty for any subsequent violation of this section shall not exceed two hundred dollars ($200.00). Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period.
3. Any charge or civil penalty assessed under this section against the owner of a property, and which remains unpaid, shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia.
Sec. 18-41. Removal of personal property.
Personal property left outside pursuant to an eviction shall be covered or contained by the real property owner to prevent littering and dispersal. Such personal property shall be removed by the property owner or evicted tenant within forty-eight (48) hours from the time it is placed outside. Property not so moved may be removed by the city, with the cost of such removal to be paid by the property owner or evicted tenant. Failure to pay the removal cost shall result in a lien for the cost being placed on the property.
(Ord. No. 2002-17, 9-23-2002)
Sec. 18-42. Commercial refuse collection and disposal.
(a) Commercial establishments shall provide for on-site containerized refuse collection and disposal, with pick-ups of at least once weekly. If approved by the director of public works, a commercial establishment may utilize the city's toter service, or may share a refuse collection and disposal container with an adjacent commercial property.
(b) Commercial refuse collection and disposal must comply with all applicable health regulations.
(c) Commercial establishments failing to provide for refuse collection and disposal as provided in this section shall be charged the city's residential refuse collection fee, but shall not be provided the city refuse collection service.
(d) Commercial establishments located in the central business district (downtown) are authorized to use the city's toter service.
(e) Commercial establishments utilizing the city's toter service shall purchase a toter, and any necessary replacement toter.
(Ord. No. 2002-17, 9-23-2002)