ORDINANCE 2006-02

AN ORDINANCE REGULATING SOLID WASTE COLLECTION

WHEREAS, the Town of Leo-Cedarville desires to establish an efficient system of solid waste collection; and

WHEREAS, the Town of Leo-Cedarville has determined that a solid waste collection system can be most efficiently implemented by contracting with a single entity to collect the residential waste in the Town; and

WHEREAS, the Town of Leo-Cedarville has determined that contracting with a single entity for the collection of residential waste will most effectively limit traffic congestion, air and noise pollution, and damage to the Town’s streets resulting from the collection of residential waste;

THEREFORE, the following Ordinance is hereby adopted:

A.   Definitions

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

1.   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.

2.   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. The definition of rubbish shall not include leaves.

3.   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.

4.   Residential Solid Waste.   The garbage and rubbish produced by covered residences.

B.   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 Section E.1 below.

C.   Residential Solid Waste Collection

The Town shall 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 in the Town.

D.   Duties of the Contractor

1.   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 the contractor.

2.   The Contractor will complete the collection on the agreed upon day between the hours of 6:00 a.m. and 7:00 p.m.

3.   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 submit a request to the Town on a form prescribed by the Clerk-Treasurer. The Town shall notify the Contractor of the receipt of such a request, and the Contractor 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 paragraph shall be referred to herein as an “Extra Container.”

4.     The Contractor 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 paragraph D.3. above.

5.   During one month of the year to be determined by the mutual agreement of the Town and the Contractor, the Contractor will pick up unlimited amounts of residential solid waste on its normal collection days.

E.   Other Services

1.   Collection of Excess Residential Solid Waste.     The Contractor shall make available to the owners and/or occupants of covered residential units specially marked garbage 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 shall purchase the stickers from the Contractor for the agreed contract price, and the Town, or the Town’s agent(s), shall sell the stickers to the public for a reasonable fee at a time and place and in a manner to be determined by the Town. Owners and/or occupants of covered residential units may place solid residential waste , marked with the sticker, out for collection with the Container under the conditions set forth in Section F of this Ordinance. All specially marked residential waste set out for collection in accordance with this paragraph shall be collected by the Contractor during the regular collection.

2.   The Contractor has the right to enter into contracts 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.

F.   Collection Practices

1.       Suitable Containers.   Residential solid waste shall not be stored outside of a dwelling unit except in a Container provided by the Contractor.

2.       Location of Containers on 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 the 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.

3.   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.

G.   Financing

1.   User Fees. Except as provided in paragraph G.2 below, a user fee as set forth in the most recent contract for each covered residential unit shall be charged for the solid waste collection services provided pursuant to this Ordinance. An additional fee as set forth in the most recent contract shall be charged for each Extra Container issued pursuant to paragraph D.3. The owner and occupant of each covered residential unit shall be jointly and severally liable for the fee. This fee shall be invoiced and collected by the Contractor on a quarterly basis. The invoice 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 Clerk-Treasurer of 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.

2.   Exemption From User Fees. The user fees described in paragraph G.1. above shall be charged for each covered residential unit unless:

a. The owner of a covered residential unit obtains a waiver of the user fee from the Town Council on the basis of financial hardship. No such waiver shall be granted unless an application for the waiver is (i) submitted to the Council on a form prescribed by the Clerk-Treasurer, and (ii) is approved by a majority vote of a quorum of the Council; or
b. The Town invokes it authority under paragraph G.4.b below.

3.   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 invoiced, that person shall notify the Town on a form prescribed by the Clerk-Treasurer. 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 Clerk-Treasurer. The Town shall provide the Contractor with the information provided to the Town pursuant to this paragraph so that the Contractor will invoice the proper person.

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

a.   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 collection, including reasonable attorney fees, in a civil action brought in the name of the Town; and

b.   notify the Contractor that the covered residential unit should no longer receive services from the Contractor.

G. Other Provisions

1.   If any provision of this ordinance shall be held invalid, such provision shall be deemed severable and the invalidity thereof shall not affect the remaining provisions of this ordinance.

2.   This ordinance shall be in full force and effect after its passage by the Common Council and publication according to the laws of the State of Indiana.

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this   7th   day of   March     , 2006.

 

  Janice Linn           
Janice Linn
Council President

  Matthew A. Akins  
Dr. Matthew Akins
Council member

  Paul Steffens        
Paul Steffens
Council member

  John Clendenen    
John Clendenen
Council Vice President

  Cindy J. Kimm      
Cindy Kimm
Council member

 

Attestation of Clerk-Treasurer

I, Pamela Spannuth, the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville and signed by the Executive for the Town of Leo-Cedarville, and properly executed in my presence.

 

  Pam Spannuth      
Pamela Spannuth
Clerk-Treasurer

 

Editor’s Note:   This ordinance is incorporated in Title V of the Leo-Cedarville Town Code.