§ 16-2. Refuse containers.

(a)

Garbage and trash receptacles shall be made of metal or plastic, and have a watertight body and a tight-fitting cover which shall be secured thereon at all times, except when garbage and trash are being placed within or removed therefrom. In lieu of metal or plastic containers, approved plastic or paper bags are permitted; provided that such bags have sufficient strength so as not to break under normal handling and shall be covered with a tight-fitting lid on a bag frame or tied shut, except when garbage or trash is being placed therein. Such bags shall be placed in an animal-proof container or stored inside a building, except on collection days. Nothing but garbage and trash shall be placed in receptacles or bags. Wet garbage from residences shall be drained and wrapped in paper before placing in the receptacle or bag. The property owner shall provide a sufficient number of receptacles or bags to handle the garbage and trash generated by the property's occupants or business.

(b)

If any person requiring a refuse collector and hauler's license, pursuant to article II, provides a customer with a garbage or trash receptacle, the garbage or trash receptacle must comply with subsection (a). The refuse collector shall not provide approved plastic or paper bags in lieu of such receptacles. The exterior of the garbage or trash receptacle must be clearly and conspicuously labeled with the name and phone number of the refuse collector and hauler in addition to the name of the customer it serves if located on a property other than the customer's property in a commercial zoning district. If such person provides a customer with a garbage or trash receptacle that does not comply with this section, the person may be prosecuted pursuant to subsection (e), and/or the person's license may be revoked, suspended, or denied.

(c)

All garbage and trash receptacles and approved bags shall be stored behind the applicable front yard setback distances contained in the zoning ordinance of the city. The requirements in this subsection shall not apply on those days that refuse collection has been scheduled for that location, and as noted in subsection (d).

(d)

Where variances have been granted for the construction of a permanent fence outside of the front yard setback requirements, garbage and trash receptacles and approved bags may be placed in this area, as long as the fence is a minimum of six feet in height and the garbage or trash receptacles or bags are not visible from adjacent streets and sidewalks.

(e)

No prosecution for a violation of this section shall occur unless the accused has been served a notice of violation and order to abate, and has failed to comply with such order. Provided that, if the accused is sent a notice of violation and order to abate for the same property, more than two times in any 12-month period, the person may be prosecuted for the third or subsequent violation at the property without written notice or an opportunity to abate. Each written notice shall contain the following information:

(1)

Notice to an occupant shall inform such person of the violation and direct that the person corrects the violation within three days after the date of service.

(2)

Notice to an owner, who is not an occupant, shall inform such person of the violation and direct that they either: a) correct the violation within three days of the date of service; or, b) if the property is subject to a rental agreement that makes trash receptacles/service a tenant responsibility, within three days of the date of service, the owner shall give the tenant notice of a lease violation and require correction, and provide a copy of the tenant notice to the building official.

(3)

Each notice shall state that if the person is sent a notice of a violation and an order to abate for the same property, more than two times in any 12-month period, the city may prosecute such person for the third or subsequent violation at the property without service of written notice or an opportunity to abate.

In any prosecution charging a violation of this section, proof that such notice was served by the city, by certified mail, personal delivery, tacking, or first-class mail, together with proof that the accused failed to comply with the notice, shall constitute a prima facie presumption that the person allowed a violation of this section. The "date of service" shall mean the date that the accused, or an authorized signor, signed for the certified letter; the date that personal service is obtained; the date that a door hanger or other notice is tacked on the accused's property; or two days after the date the first-class letter is mailed.

(Code 1973, § 15-102; Ord. No. 4957, § 1, 1-2-96; Ord. No. 6831, § 1, 7-6-10; Ord. No. 7281, § 1, 5-2-17)