TITLE V:   PUBLIC WORKS
Chapter
50.     SOLID WASTE
51. STORMWATER UTILITY

 

 


 

CHAPTER 50:   SOLID WASTE

Section

50.01 Definitions
50.02 Accumulation of garbage and rubbish prohibited
50.03 Residential solid waste collection
50.04 Duties of the contractor
50.05 Other services
50.06 Collection practices
50.07 Financing

 

§ 50.01   DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COVERED RESIDENCES.   All residential units within the Town, except those which are part of a multi-family dwelling unit at which the residents combine garbage and rubbish for collection in a dumpster or other similar receptacle intended to hold solid residential waste generated by more than one family.

GARBAGE.   Rejected food waste, including every waste accumulation of animal, fruit, and vegetable matter, used or intended for food, or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit, or vegetables.

RESIDENTIAL SOLID WASTE.   The garbage and rubbish produced by covered residences.

RUBBISH.   Such matter as ashes, cans, metal ware, broken glass, crockery, dirt sweepings, boxes, lumber, wood, or litter of any kind, except trees, large limbs, or debris from demolition or construction of buildings. RUBBISH shall not include leaves.
(Ord. 2001-05, passed 11-6-01)
(Am. Ord. 2006-02, Section A, passed 3-7-06)
(Am. Ord. 2011-01, Section I, passed 4-19-11)

§ 50.02   ACCUMULATION OF GARBAGE AND RUBBISH PROHIBITED.

No owner, occupant, or lessee of any covered residential unit shall allow the accumulation and/or storage of garbage or rubbish on the real estate outside their dwelling unit unless the garbage and rubbish is stored in accordance with the provisions of this chapter. All residential garbage of covered units shall be disposed of in the manner provided in this chapter.
(Ord. 2001-05, passed 11-6-01) Penalty, see § 10.99
(Am. Ord. 2011-01, Section II, passed 4-19-11)

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§ 50.03   RESIDENTIAL SOLID WASTE COLLECTION.

The town may contract with a third party (hereinafter the “contractor”) for the collection of residential solid waste. The contractor shall have the exclusive right to collect residential solid waste from covered residences. No resident (including residents that have opted out of this service as provided in Section 50.07(B) of this chapter) may contract with any person or entity for the disposal of residential solid waste other than the contractor.
(Am. Ord. 2011-01, Section III, passed 4-19-11)

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§ 50.04   DUTIES OF THE CONTRACTOR.

(A)   The contractor shall collect the residential solid waste within the town one day per week on a day to be determined by mutual agreement between the town and contactor.

(B)   The contractor will complete the collection on the agreed upon day between the hours of 6:00 a.m. and 7:00 p.m.

(C)   The contractor will provide to each occupant of a covered residential unit, one 90-gallon wheeled cart with a hinged lid for the storage of residential solid waste (hereinafter “container”). If the owner or occupant of a covered residential unit wishes to use one or more additional containers, the owner or occupant shall contact the contractor directly for such additional containers, and the contactor shall provide the covered residential unit with the requested additional container(s). Each additional container provided at the request of an owner or occupant of a covered residential unit pursuant to this division shall be referred to herein as an “extra container.”

(D)   The contactor shall be required to collect up to but not exceeding 90 gallons of residential solid waste from each covered residential unit on a weekly basis, plus any solid waste contained in an “extra container” obtained pursuant to division (C) of this section.

(E)   On two days during the year, to be determined by the mutual agreement of the town and contractor, the contractor will pick up unlimited amounts of residential solid waste from covered residential units on its normal collection days.
(Am. Ord. 2011-01, Section IV, passed 4-19-11)

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§ 50.05   OTHER SERVICES.

(A)   Collection of excess residential solid waste.   The contractor shall make available to the owners and/or occupants of covered residential units specially marked stickers which may be used to dispose of residential solid waste beyond that which fits in the container provided by the contractor. The specially marked stickers shall be distributed as follows: The town, or other commercial vendors authorized by the contractor, shall purchase the stickers from the contractor for the price of $1 per sticker, and the town or the other vendor sell the stickers to the public for a reasonable fee during the normal business hours of the town or vendor. Owners and/or occupants of covered residential units may place specially marked sticker on bags solid residential waste or on large, individual waste items, which can weigh no more than sixty (60) pounds, and place such additional bags or objects out for collection with the container under the conditions set for in this chapter.

(B)   Recycling and other kinds of refuse.   The contractor has the right to enter into contacts with the residents of the town for the collection of recyclable materials and for all types of refuse material, including furniture, appliances, and large quantities of sod, rocks, concrete, rubble and refuse from the remodeling, construction, and demolition of buildings, excavations, and other materials, except for poisonous and toxic materials and large quantities of liquid requiring tank truck disposal and equipment. Additionally, town residents may, free of charge, take recyclable items to the Town’s designated recycling spot located on Schwartz Road directly across from the Riverside Garden Park. Only recyclable items that fit within the recycling bin(s) located at the pick-up spot may be left. Recyclable material may be brought to the location from 8:00 a.m. to 3:00 p.m. Monday through Saturday.
(Am. Ord. 2011-01, Section V, passed 4-19-11)

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§ 50.06   COLLECTION PRACTICES.

(A)   Suitable Containers.   Residential solid waste shall not be stored outside a dwelling unit except in a container provided by the contractor. Or along-side such a container and affixed with a specially marked sticker as set forth herein.

(B)   Location of containers in collection days.   Residential solid waste to be picked up by the contractor shall be placed in a container. The container shall be placed adjacent to the curb immediately adjacent to the covered residence prior to 6:00 a.m. on a date scheduled for collection but not earlier than 7:00 p.m. on the date preceding the scheduled collection. Containers placed on the curb for collection shall not impede pedestrian or vehicular traffic along sidewalks, alleyways, streets, and/or other public right-of-ways. Containers shall be removed from the curb by 9:00 p.m. on the date of collection.

(C)   Storage of containers on non-collection days.   With the exception of the time period beginning at 7:00 p.m. on the day prior to a scheduled collection through 9:00 p.m. on the day of scheduled collection, containers shall be stored indoors, or outdoors at a location sheltered from street view, if possible, given lot size and configuration.
(Am. Ord. 2011-01, Section VI, passed 4-19-11)

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§ 50.07   FINANCING.

(A)   User fees.   Excerpt as provided in division (B) of this section, a monthly user fee as set forth on schedule “A” attached hereto, shall be charged to each covered residential unit each month for the solid waste collection services provided pursuant to this chapter. The contractor may charge an additional fee for each extra container issued pursuant to Section IV (C) above, but such charges shall be made directly to the owner or occupant. The owner and occupant of each covered residential unit shall be jointly and severally liable for the user fee charged by the Town. This fee shall be invoiced and collected by the Town on a monthly basis. At its option, the Town may provide monthly coupons to the covered residential units once a year. The invoice or coupons shall be directed to the owner of each covered residential unit, unless the owner of a residential unit requests, on a form prescribed by the Town, that the invoice be sent to the occupant of the unit. The fact that an invoice is directed to an occupant of a covered residential unit does not relieve the owner of liability for the services rendered hereunder.
(Am. Ord. 2011-01, Section VII, passed 4-19-11)

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Editor’s Note:   Ordinance 2014-1, adopted 8/26/2014, set an annual rate of $125.40 for Residential Garbage Service.

(B)   Exemption from user fees.   The user fees described in division (A) of this section shall be charged for each covered residential unit unless the owner of the covered residential unit opts out of this chapter as follows:

(1)   Owners of covered residential units may opt out of the service provided by this chapter by providing the Town with two weeks written notice. Such written request must provide an explanation to the Town as to why the service is not needed. The Town shall approve all requests to opt out provided that the Owner provides a reasonable explanation as to why the service is not needed which may include an explanation as to why the covered residential unit will not be generating residential solid waste or an explanation as to how the owner will dispose of such residential solid waste in a manner that is not in violation of this chapter, other Town ordinances, or other federal, state, or local laws.

(2)   A two-week written notice will be required to reactivate service along with the payment of a $15.00 start-up fee. This fee will be due within thirty (30) days. This fee will not apply to new owners starting service for the first time.

(3)   Payment for a reactivated service will begin on the next invoice/coupon due date, regardless of the day of the month that service begins.

(4)   Retrieval and delivery of containers will be on Thursdays only. Owners that have requested the Town to retrieve a container (either due to stopped service or due to the need for container repair or replacement) must leave the container by the curb by 6:00 a.m. on Thursday morning. The containers must be retrieved by the Town before service may be terminated or suspended hereunder.

(Am. Ord. 2011-01, Section VII, passed 4-19-11)

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(C)   Change in the person to receive invoice.   If a person who has previously been invoiced for the services provided hereunder to a covered residential unit moves from or sells the unit and should therefore no longer be invoice, that person shall notify the town on a form prescribed by the Town. Should the name and/or address of the person to be invoiced change because of a change of ownership or occupancy of the covered residential unit or for any other reason, the owner of the covered residential unit shall notify the town on a form prescribed by the Town.
(Am. Ord. 2011-01, Section VII, passed 4-19-11)

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(D)   Delinquent invoices.  In the event that an invoice from the Town to the occupant or owner of a covered residential unit remains unpaid after a period of 30 days from the due date of the invoice, the town may:

(1)   Pursuant to I.C. 36-9-30-21, recover the unpaid user fee from the owner and/or occupant, together with a 10% penalty and the cost of the collection, including reasonable attorney fees, in a civil action brought in the name of the town; and

(2)   At the Town’s option, notify the contractor that the covered residential unit should no longer receive services from the contractor.

(Am. Ord. 2011-01, Section VII, passed 4-19-11)

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CHAPTER 51:   STORMWATER UTILITY

Section

51.01 Establishing the Department of Stormwater Management
51.02 Stormwater Management
51.03 Stormwater Rates

 

§ 51.01   ESTABLISHING THE DEPARTMENT OF STORMWATER MANAGEMENT

1.       Adoption of State Law.

Indiana Code Title 8, Article 1.5, Chapter 5 is hereby adopted by the Town Council for the Town of Leo-Cedarville town so as to make that Chapter and all amendments thereto effective and operative as to the Town of Leo-Cedarville.

2.       Special taxing district created; boundaries.

(a)      Pursuant to IC 8-1.5-5-5, there is hereby created a special taxing district which shall include all of the territory within the corporate boundaries of the Town.

(b)      All area in the special taxing district and all area added to the district shall be considered to have received a special benefit from the storm water collection and disposal facilities of the district equal to or greater than the special taxes imposed on the area in order to pay all or part of the costs for such facilities.

State law references: Special taxing district, IC 8-1.5-5-5.

3.       Establishment of Department of Storm Water Management.

A Department of Storm Water Management is hereby established for the Town of Leo-Cedarville, Indiana for the purposes of providing for the collection and disposal of storm water of the special taxing district created above in a manner that protects the public health and welfare and for the purpose of levying special benefit taxes for purposes of storm water collection and disposal.

4.       Board of Directors

(a)      The Department of Storm Water Management shall be controlled by a Board of Directors consisting of three (3) Directors.

(b)      The terms of the Directors shall be staggered so that one of the Directors first appointed shall serve an initial term of one (1) year; one of the Directors shall serve an initial term of two (2) years; and one of the Directors shall serve an initial term of three (3) years. Thereafter all Directors shall serve a term of three (3) years. All directors shall be appointed by the President of the Town Council.

(c)      The President of the Town Council may remove a Director at any time when in the judgment of the President of the Town Council it is in the best interest of the Department.

(d)      The Board of Directors shall have exclusive jurisdiction over the collection and disposal of storm water within the special taxing district.

(e)      The Board of Directors shall have all of the powers provided under I.C. 8-1.5-5-6, which include, but are not limited to, the following:

(i) Hold hearing following public notice;
(ii) Make findings and determinations;
(iii) Install, maintain, and operate a storm water collection and disposal system;
(iv) Make all necessary or desirable improvements of the grounds and premises under its control; and
(v) Issue and sell bonds of the district in the name of the Town for the acquisition, construction, alteration, addition, or extension of the storm water collection and disposal system or for the refunding of any bonds issued by the board.

5.       Financing of Facilities

The acquisition, construction, installation, operation, and maintenance of facilities and land for storm water systems may be financed through:

(i) proceeds of special taxing district bonds of the storm water district;
(ii) the assumption of liability incurred to construct the storm water system being acquired;
(iii) service rates;
(iv) revenue bonds; or
(v) other available funds.

6.       User Fees

The Board may assess and collect user fees, after approval by the Leo-Cedarville Town Council from all property of the storm water district for the operation and maintenance of the storm water system. The collection of the fees authorized by this section may be effectuated through a periodic billing system or through a charge appearing on the semiannual property tax assessment of the affected property owner.

7.       Fixing and Setting Aside Revenues

(a)      The Board may fix and set aside revenue as follows:

(i) As necessary for the reasonable and proper operation and maintenance of the department;
(ii) for a proper and adequate depreciation account; and
(iii) to be applied to the paymont of the principal and interest of authorized bonds.

(b)      If a surplus is accumulated in the operating and maintenance account, the Board may transfer any excess funds to (1) the depreciation account to be used for improvement, extensions, or additions to the storm water system, or (2) to a bond and interest redemption account.

(c)      In all other matters, the Board shall comply with the provisions of I.C. 8-1.55 when managing the revenue of the department.
(Ord. No. 2004-06, passed 8-3-04)

§ 51.02   STORMWATER MANAGEMENT

The Town of Leo-Cedarville does hereby adopt the reference and incorporate herein as a part of the Code of Ordinances of the Town of Leo-Cedarville, Indiana, as if fully set out at length herein, Allen County Code Title 19, Articles 1, 2, and 3, copies of which are appended here to as Exhibit “A”, “B”, and “C”, together with any amendments thereto, which collectively shall be the Stormwater Management Ordinance for the citizens of the Town of Leo-Cedarville, Indiana; and

The surveyor of Allen County is hereby designated as Leo-Cedarville’s representative to collect all fees and carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this chapter.
(Ord. No. 2008-04, passed 6-17-08)

§ 51.03   STORMWATER RATES

Section 1. For the purpose of this section, and equivalent residential unit (“ERU”) is defined as the amount of impervious area included upon an average residential property. Based on a study performed by the Town’s consulting engineer it has been determined that an Equivalent Residential Unit equals approximately 6,685 square feet of impervious area. An “impervious area” refers to those surface areas of residential and non-residential properties, which water will not penetrate and from which Stormwater runoff will be produced.

Section 2. Residential Property – All property deemed residential will be charged based upon 1 ERU in accordance with the following:

Monthly Fee Per ERU $6.30

Section 3. Non-Residential Users – The monthly stormwater fee is to be paid by each non-residential user and shall be calculated based upon the total impervious area, divided by the average residential impervious area of 6,685 square feet, multiplied by the monthly fee per ERU established under Section 2.

Section 4. Cemeteries – no fee shall be charged to cemeteries.

Section 5. Non-Residential property owners that have made improvements to their lot or parcel that has resulted in a significant reduction in the amount of stormwater run-off may apply to the Stormwater Utility Board for a credit to be applied to their monthly bill. The credit shall only be allowed at the discretion of the Board pursuant to a standard that shall be established by a resolution by the Board and in no event shall the credit exceed 25%.

Section 6. In no event shall a customer pay a monthly rate that is less than the rate per 1 ERU. In no event shall a customer pay a monthly rate that is more than $265.00 per month.

Section 7. Bills or statements for the stormwater utility fee shall be rendered monthly, or at the discretion of the Board, for all properties subject to the fee. Bills shall be payable within 30 days from the date of the bill and shall be paid at the Leo-Cedarville Town Hall. If any charge shall not be paid within the said 30-day period during which it shall become due and payable, a delayed payment charge of 10% of the amount of the bill shall be added thereto and collected therewith.
(Ord. No. 2005-04, passed 12-20-05)
(Am. Ord. No. 2007-06, passed 11-20-07)
(Am. Ord. No. 2010-06, passed 1-18-11)