ORDINANCE 2011-01

AN ORDINANCE ESTABLISHING RATES FOR THE COLLECTION, TREATING AND DISPOSING OF GARBAGE IN SANITARY MANNER

WHEREAS, the Leo-Cedarville Town Council has determined to amend its ordinance that establishes procedures for disposing of residential solid waste within the Town of Leo-Cedarville and establishing the provisions relating to billing and collecting for residential solid waste collection; and

WHEREAS, it is the intent of the Town Council to repeal all prior ordinances concerning residential solid waste disposal and to replace them with this ordinance;

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEO-CEDARVILLE, INDIANA;

I.       DEFINITIONS.

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

COVERED RESIDENCES.   All residential units within the town, except those which are a 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 garage 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.

II.       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 ordinance. All residential garbage of covered units shall be disposed of in the manner provided in this ordinance.

III.       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 of this ordinance may contract with any person or entity for the disposal of residential solid waste other than the contractor.

IV.       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.

V.       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 ordinance.

(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.

VI.       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.

VII.       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.

(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 ordinance as follows:

(1)       Owners of covered residential units may opt out of the service provided by this ordinance 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 ordinance, 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.

(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.

(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.

VIII.       MISCELLANEOUS.

(A)       Town Ordinance 2001-05 (as amended) and all prior ordinances in conflict herewith are repealed upon the adoption of this ordinance.

(B)       This Ordinance shall be in full force and effect on the date that it is signed by the Council President and published as required by State Law.

 

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this   19th   day of   April  , 2011.

  R. Paul Steffens        
R. Paul Steffens
Council Member

  John Clendenen        
John Clendenen
Council President

  Gordon Liechty, Jr.  
Gordon Liechty, Jr.
Council Member

  John Eastes              
John Eastes
Council Member

  Tim Richards            
Tim Richards
Council Member

Attested:     Pam Spannuth  
Pamela Spannuth
Town Clerk Treasurer