TITLE 5 HEALTH AND SANITATION

Transcription

1 TITLE 5 HEALTH AND SANITATION Chapters: 5.04 Maintenance of Real Property 5.08 Littering 5.12 Solid Waste Collection CHAPTER 5.04 MAINTENANCE OF REAL PROPERTY Sections: Unsightly or unsanitary conditions on real property Notice required Notification of unknown property owner Citation Order in writing Violation Unsightly or unsanitary conditions on real property It shall be unlawful for any person owning or having supervision or control of any lot, tract, parcel of land or portion thereof, within the corporate limits of the city to suffer or permit any of the following: A. Grass, weeds, or any other plant that is not cultivated, to grow to a greater height than ten (10) inches on an average on a lot, tract or parcel of land, or to grow in rank profusion upon the premises. B. Rubbish, brush, trash, dead trees, building materials or any other objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any lot, tract or parcel of land. If building materials are stored on the premises, all such material must be stored at least eighteen (18) inches off the ground. C. Grass, weeds or any plant that is not cultivated, to grow in rank profusion, or otherwise, in, along, upon or across the abutting sidewalk or parkway, to a height of more than ten (10) inches on an average.

2 D. The storage of a junk or abandoned automobile for a period not to exceed thirty (30) days, unless it is in connection with an automotive sales or repair business enterprise which is located in a properly zoned area. In this paragraph "abandoned automobile" means any motor vehicle or part thereof that is in a state of disrepair and incapable of being moved under its own power or does not have a current valid license plate. E. The open storage of iceboxes, refrigerators, or any other appliances or furniture for a period not to exceed thirty (30) days, and during storage period, all doors, latches and locks are to be removed or made inoperative in a manner to ensure the safety of all citizens, unless it is in connection with an appliance sales or repair business enterprise which is located in a properly zoned area. F. The use of any stream or drainage way for the purpose of throwing or placing of stumps, brush, litter, rubbish, or any other liquid or solid material within or along the banks of any such stream or natural drainage way, unless required permits have been obtained. G. The accumulation of stagnant pools of water, or allow any form of vessel that might accumulate water in which mosquitoes or other insects may breed. H. The property, including all adjacent rights-or-way and alleys, to be used for illegal dumping of any solid or liquid, household, commercial, industrial, construction or demolition waste, including but not limited to: garbage, trash, furniture, tin cans, bottles, rubbish, refuse, lumber, whether dumped, thrown, burned, spilled or abandoned, unless required permits have been obtained. I. Trees, shrubs, bushes or any other plant impeding the flow of pedestrian traffic on any sidewalk and/or public right-of-way, or in any other manner causing an unauthorized obstruction of the public enjoyment of a sidewalk and/or public right-of-way. J. Any act or condition constituting a nuisance under Arkansas Code Annotated or common law. (Ord. No. O-02-3, Sec. 1.) Notice Whenever the city employee designated by the City Manager or his/her duly authorized agent or representative, determines that there are reasonable grounds to believe that there has been a violation of any provisions of this ordinance, he/she shall give notice of such alleged violation to the person responsible therefore, that such alleged violation shall constitute a nuisance. Such notice shall: A. Be in writing. B. Include a statement of the reasons why it is being issued, and the sections of the ordinance that are alleged to be in violation.

3 C. Allow a maximum of thirty (30) days for performance of any act it requires. D. State, that if such alleged violations are not voluntarily corrected within the stated time as set forth in the notice, the city employee designated by the City Manager of his/her duly authorized agent or representative, shall institute legal proceedings, charging the person with a violation of this section. (Ord. No. O-02-3, Sec. 2.) Notification of unknown real property owner The person responsible for the violation shall be notified as provided by A.C.A as may be amended. (Ord. No. O , Sec. 1.) Citation Violations of the provisions of this ordinance may be prosecuted by the issuance of a criminal information or by the issuance of a citation by a law enforcement officer as required by law. (Ord. No. O-02-3, Sec. 4.) Order in writing The head of the city department designated by the City Manager may order the owner/supervisor of any real property within the city to cut weeds, remove garbage, rubbish and other unsightly and unsanitary articles and things that may be upon the property; and to eliminate, fill up, or remove stagnant pools of water or any other unsanitary thing, place or condition which might become a breeding place for mosquitoes, flies and germs harmful to the health of the community. The order shall be in writing and shall be as provided by A.C.A as may be amended. (Ord. No. O-15-07, Sec. 2.) Violation A. In this ordinance "violation" or "violation of this ordinance" means: 1. Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance; 2. Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or 3. Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance. B. In this ordinance "violation of this ordinance" or "violation" does not include the failure of a city officer or city employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this ordinance. C. Except as otherwise provided, a person convicted of a violation of this ordinance shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or double such sum for each repetition thereof. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed Two Hundred Fifty Dollars ($250.00) for each day that the same

4 is unlawfully continued. D. If a violation of this ordinance is also a misdemeanor under state law, the penalty for the violation shall be as prescribed by state law for the stated offense. E. The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise. F. Violations of this ordinance that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a "penalty" however does not prevent the simultaneous granting of equitable relief in appropriate cases. (Ord. No. O-02-3, Sec. 7.) CHAPTER 5.08 LITTERING Sections: Littering illegal Hauling violations Littering illegal It shall be unlawful for any person, firm or corporation to cast, throw, drop, place, dispose, or otherwise cause or permit to be located upon, in, or about any public street, sidewalk, alley or public thoroughfare or any private or public property adjacent thereto, any litter, refuse or debris. (Ord. No. B-335, Sec. 1.) Hauling violations It shall be unlawful for any person, firm or corporation hauling by any type vehicles dirt, trash, refuse, junk, garbage or litter and to allow or permit such or any portion thereof to fall, drop, be tracked or otherwise placed, left or deposited on any street or sidewalk of the city of Arkadelphia, Arkansas. (Ord. No. B-335, Sec. 2.)

5 CHAPTER 5.12 SOLID WASTE COLLECTION Sections: Purpose Definitions Storage of refuse Residential refuse containers and collection Regular collection Removal and hauling Special refuse collection Unlawful to burn Hazardous or dangerous waste Refuse fees Collection of fees Fine Tipping fee for hauling to landfill Purpose It is the purpose of this ordinance to provide for and regulate the collection of solid wastes in a manner that will protect the public health and welfare; prevent pollution; prevent the spread of disease and creation of nuisances, and enhance the beauty and quality of the environment, all within the meaning of A.C.A and other applicable laws and statutes of the state of Arkansas. (Ord. No. O-11-9) Definitions For the purpose of construing this ordinance, the following definitions shall apply. Bulky items means discarded household appliances and furniture, tree stumps, large and small tree limbs, hedge and grass clippings, leaves, pine straw, and any other refuse of a noncompactable nature. Bundle means a package containing rubbish only, weighing not over fifty (50) pounds and not exceeding four (4) feet in its longest dimensions, securely tied with cord or ropes of sufficient strength to permit lifting and carrying of the full weight thereof without spillage or leakage and placed for collection immediately adjacent to the curb or normal pickup point on the day of collection. Garbage means putrescible materials resulting from the preparation, cooking and serving of food, market wastes, trimmings and other discarded matter from meat or produce, including

6 containers in which packaged. Refuse means garbage, rubbish, bulky items, and other discarded materials, including materials resulting from household, industrial, institutional, commercial, business, and agricultural operations, and from community activities, but excluding contractor's construction and. demolition wastes. Refuse is also known as solid waste. Rubbish means refuse, excluding garbage and bulky items, consisting of both combustible and noncombustible trash, such as paper, cardboard, tin cans, plastics, wood, glass and similar materials. (Ord. No. O-11-9, Sec. 2.) Storage of refuse A. City-owned containers Commercial, business, industrial, or institutional establishments which deposit into city-owned refuse containers shall place all refuse from their establishments in the refuse container assigned and shall break down or nest all cardboard boxes. B. Non-city-owned containers All refuse from collection points not served by a cityowned refuse container shall be stored in a single or multiple refuse containers of sufficient capacity to fully contain all refuse accumulated between collection periods and no single patron refuse container shall contain over fifty (50) pounds of refuse. C. All refuse containers must be located outside of buildings, off the street, placed in such a manner as to not block traffic or to be a fire hazard, be readily accessible to the truck used to transport the connected refuse, and be placed on a concrete pad, which pad must be large enough to accommodate the front wheels of the collection truck. D. All garbage and rubbish may be stored in the same refuse container provided that garbage shall be drained of liquid substance prior to depositing in a refuse container. E. When practical, and as available, the city may provide commercial collection containers to multi-unit residences, such as apartments, when in the interest of economy the city deems this acceptable. Requests for said containers will be considered on an as-available basis, however said multi-unit residences shall still pay a per unit fee for residences as established herein. (Ord. No. O-11-9, Sec. 3.) Residential refuse containers and collection A. The city of Arkadelphia Sanitation Department shall provide curbside collection of refuse (household wastes) in all residential areas. B. The city of Arkadelphia Sanitation Department will distribute a bundle of fifty (50) bags to each household on or before the first day of January, May, and September of

7 each year. C. Persons requiring or desiring extra bags may purchase them in bundles of fifty (50) from the Water Department office in City Hall. D. The city-provided bags shall be the measure of allowable thickness and strength. Bags obtained from other sources may be used provided they meet or exceed the thickness and strength of city-provided bags. E. Tree trimming, hedge and grass clippings, leaves, pine straw, and similar materials shall be placed in plastic bags or other similar throwaway containers or shall be cut not to exceed four feet in length or fifty (50) pounds in weight and bundled as set forth in Section 2.5. Bundles and bags should be placed at the street curb. F. Garbage and rubbish may be placed in the same bag provide that garbage shall be drained of liquid prior to depositing in the bag. When filled, bags shall be tightly twisted closed and securely fastened. Bags that are filled and closed between collection periods shall be stored and protected from marauding animals. On collection days only, residents will place filled bags on property owned, rented or under their control, at a point as near to the curb line as practical. (Ord. No. O- 11-9, Sec. 4) Regular collection Refuse pickups will be made for all collection points at regular intervals by the City Sanitation Department on a schedule to be established by the said department. (Ord. No. O-11-9, Sec. 5.) Removal and hauling The city of Arkadelphia shall be responsible for the collection of all refuse within the city and no person, firm or corporation shall collect or transport refuse over the streets of the city. (Ord. No. O-11-9, Sec. 6.) Special refuse collection Special refuse collection will be provided to any residence, institution, business, or industry within the city on a call basis by sanitation crews or the Street Department to collect on a scheduled pickup. A charge for each trip may be billed for such service for large quantity loads. This service will be rendered only during normal working hours, which hours shall be established by the city of Arkadelphia. (Ord. No. O-11-9, Sees. 7.) Unlawful to burn It shall be unlawful for any person, firm or corporation to burn or cause to be burned any refuse except as approved under the Arkansas State Fire Code and approved by the Arkadelphia Fire Department. (Ord. No. O-11-9, Sec. 8.) Hazardous or dangerous waste No hazardous or dangerous waste will be collected by the Arkadelphia Sanitation Department or the Street Department and hazardous or dangerous wastes are not to be placed in any of the city-owned refuse containers, in the plastic bags furnished by the city or any other container to be picked up by the city crews. The city of Arkadelphia Solid Waste Department Head will determine what safety precautions must be taken with any item which is considered hazardous or dangerous waste and will prescribe the rules and circumstances under

8 which said waste will be picked up by the sanitation crew. (Ord. No. O-11-9, Sec. 9.) Refuse fees Effective with the bills submitted for solid waste collection on or about November 1, 2011, the occupant of each dwelling unit, business, industry, church or institution shall cause to be paid the following monthly fees of Arkadelphia for the collection of refuse: Collection of fees The fees herein provided shall be collected by the Water and Sewer Department of the city of Arkadelphia on the monthly bills rendered and the event the fee has herein provided is not paid by the 10 th day of each month, a penalty of ten percent (10%) shall be levied and each penalty shall be and become a part of and be collected with the regular fees herein levied. In the event any fee levied herein remains unpaid for a period of thirty (30) days from the time it shall become due, the city of Arkadelphia shall be authorized to institute civil suit for the recovery of said fees with penalties attached, together with courts, or to institute any other legal and proper action necessary for the collection thereof including stopping solid waste service or water and sewer service. (Ord. No. O-11-9, Sec. 11.) Residential collections, includes multi-family collections of more than two (2) dwelling units, where refuse is picked up at one central location in bags. Residential collection for heads of households 65 years of age and older with an annual income of less than $11,000. Proof of age shall be by birth certificate or driver s license. Proof of income shall be the most recent federal income tax return. $15.00 per month $12.00 per month Commercial collection, church or any other multiple occupants (based on volume, difficulty, and frequency of collection) where dumpsters are utilized: Frequency per week One time Twice Three Four Five Six Four yard $65 $130 $194 $259 $324 $388 Six yard $98 $196 $293 $366 $488 $586 Eight yard $127 $254 $381 $508 $635 $761 Extra dumps $100 per dump Minimum fee of $32 where individual dumpster is not available. Minimum fee of $22 for commercial curbside collection, church or any other single occupant, limited to one bag, twice per week Compactor boxes $440 per pull plus landfill cost.

9 (Ord. No. O-11-9, Sec. 10.) Fine The penalty for violation of this ordinance shall, upon conviction in the Clark County District Court, or any other court of competent jurisdiction shall be a fine of up to One Thousand Dollars ($1,000.00) and a one (1) year jail term. (Ord. No.O-11-9, Sec. 12.) Tipping fee for hauling to landfill A. The Sanitation Department of the city of Arkadelphia is authorized to provide a hauling service of solid waste (trash) to a sanitary landfill in Pulaski County, Arkansas, for other governmental entities and individuals and to charge a fee called a "tipping fee." B. The tipping fee for hauling said trash is hereby set at $44.00 per ton. C. All fees generated as a result of this service shall be deposited in the Arkadelphia Sanitation Fund. D. The Sanitation Department is authorized to promulgate other rules and regulations concerning the type of solid waste that will be accepted, time of operation of the transfer station and other rules and regulations that are necessary to operate an orderly, safe and efficient transfer station and hauling service. (Ord. No. O-04-14, Sees. 1-4.)