HomeMy WebLinkAbout2009-11-09 10-009 ORDINANCECOUNCIL ACTION
Date: 11-09-2009 Item No. 10 009
Item/Subject: Ordinance, Amending Chapter 265, Solid Waste, of the Code of Ordinances to
Set a Maximum Solid Waste Collection Amount, Provide for Reimbursement
of Certain City Costs, and Allow for an Appeals Process.
Responsible Department: Engineering
Commentary:
Recent incidents of large amounts of trash being left for residential waste collection have shown
the need for a limit on the amount of waste that may be put out for collection by any one
residence. The attached ordinance amendment would set a maximum of 10 trash bags on the
amount of refuse allowed per residential building of up to four units.
In cases regarding unacceptable amounts or types of trash, concerns of public health and
safety often suggest that the refuse be picked up anyway, rather than be left abandoned on the
curb. The revised ordinance would also allow the bill for such an extraordinary collectjon to be
sent to the responsible property owner or resident.
Finally, the appeal provision, which currently exists only for termination of collectiq.n serviek
has been expanded to cover the other aspects of solid waste collection as well. This will allow
parties disputing City actions a venue for a hearing other than that of the Court system, saving
both them and the City considerable expense.
Department FIS ad
Manager's Comments:
This has received preliminary review by the Infrastructure Committee.94wf
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City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
X First Reading Page _ of _
X Referral to Infrastructure Committee, 11-17-09 C@ 5 p.m.
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Assigned to Councilor - Bronson November 9, 2009
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CITY OF BANGOR
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(mLE.) Ordinance, Amending Chapter 265, Solid Waste, of the Code of Ordinances to Set a
Maximum Solid Waste Collection Amount, Provide for Reimbursement of Certain
City Costs, and Allow for an Appeals Process.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 265, Section 265-3 of the Code of Ordinances is hereby amended as follows:
§ 265-3. Residential collection.
The City of Bangor shall provide for the collection of acceptable residential solid waste and
acceptable recyclable items in accordance with the following rules and regulations.
A. Designated residences. The City shall provide residential collection to all single-family
residences and multifamily residential units of four units or fewer in a single structure.
Service may be provided to multifamily residential units in excess of four upon finding of
the Director of Operations and Maintenance that such units cannot be serviced by
commercial providers due to their inability to place a collection container of sufcient size
to service the units in a location which is acceptable to the City's Code Enforcement
Division.
B. Collection day and routes. The Director of Operations and Maintenance shall establish
appropriate collection routes and the day on which each route shall be collected.
C. Time. Residential solid waste shall be placed at the curb in front of or adjacent to the
residence from which such waste was generated no earlier than 5:00 p.m. on the day
before the scheduled day of collection and no later than 6:30 a.m. on the scheduled day of
collection to ensure collection. The City is not responsible for collecting waste placed at the
curb after this time.
D. Handling. Waste must be placed in containers or bags or bundled in lengths not to exceed
four feet. Trash cans and bags shall not exceed 32 gallons` capacity. Cans, bags and
bundles shall not exceed 30 pounds in weight. Containers must be in good condition with
handles and covers. Cardboard boxes will not be accepted as containers and will not be
picked up if placed curbside for rubbish collection. Containers of a shape or dimension
which prevents the free and unhindered emptying of their contents are prohibited.
Continued use of a container in bad condition will result in its disposal. Plastic bags shall
have a minimum thickness of 1 1/2 mils to ensure appropriate strength. Refuse which is
jammed in containers will not be collected, since collection personnel are not required to
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reach into containers. Waste which exceeds the weight limit or which is inappropriately
bundled may not be collected.
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residential- r- collection day.
FE. Spilled refuse. Spills resulting from overbilling, broken containers or animal disruption are
the responsibility of the resident and property owner.
QF. Brush, yard and garden waste. Material must be contained in bags or cans or
bundled no longer than four feet.
IJf. Tires. No more than two unmounted tires per week will be accepted for collection.
IN. Furniture. Bulky furniture items will be accepted if broken down and bundled into four -foot
lengths of 30 pounds or less in weight.
11. Lumber and combustible construction material. Lumber and combustible construction
material will be accepted if such material is placed in cans or bags or bundled in four -foot
lengths. Such materials may not exceed a maximum of 30 pounds per household per week
and must result from work done directly by the homeowner. Materials which, in the opinion
of the Director of Operations and Maintenance, result from work performed by a contractor
will not be accepted.
K3. Refused refuse. Refuse that has been refused or is unacceptable for pick-up shall be
immediately removed from the curbside. Residences shall be responsible for ensuring that
refused refuse is removed from the curbside or abutting right-of-way. If, in thei i n of
thk Public Director or h15 designee,vi r unacceptable r-eNse would
endanger the health, fe r LALelfare of the public.he may cause the refuse to be
collected in such a manner as he deems fit.
§ 265-5. Violations and penalties.
A. The following shall constitute violations of this chapter and shall be punishable by fine or
waiver fees as set forth:
(1) Failure to remove uncollected waste. Failure to remove uncollected waste or spilled
refuse prior to 10:00 p.m. on the scheduled day of collection and placing waste at the
curb earlier than 5:00 p.m. on the day before pickup is prohibited. The Public Works
Director or his i n may. at his i i n waste which is not removed
pursuantisubsection to be collgogdin sUch a mnnr aa be degm5 fit.
(2) Disposal of rubbish and garbage on public or private property. No person shall throw
or place or cause to be thrown or placed upon the premises of himself, herself or
another located within the limits of the City of Bangor any rubbish, garbage or debris
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of any kind, nor shall any owner or occupant of any such premises suffer any such
rubbish, garbage or debris to remain on said premises after receiving notice from the
Chief of Police, Code Enforcement Officer or Director of Operations and Maintenance
or their designees. Any person or persons so failing to remove any such rubbish,
garbage or debris for a period of seven days after receipt of said notice shall be fined
as designated below.
(3) Unauthorized use of commercial or private containers. Placing refuse in any
commercial or private solid waste container without the consent of the owner or lessor
of such container is prohibited.
(4) Unauthorized taking of solid waste or recycling items. No person not licensed to do so
by the City of Bangor shall take any solid waste or recyclable item placed by any
residence or business for pickup and removal by the City of Bangor or its licensees.
B. Penalties.
(1) Initial violations of this chapter, other than Subsection A(4), shall be subject to a fine
of $50. Additional violations within a one-year period shall be subject to larger fines as
follows:
Number of Violations Fine
2 $100
3 $250
4 $500
5 or more $1,000
(2) Repeated violators will be subject to termination of City -provided garbage collection.
In the case of multifamily units, collection services may be terminated for an entire
structure or complex and the owner required to provide private collection as necessary
to ensure the public health and safety. The Director of Operations and Maintenance
shall have the authority to terminate collection services, These term % nated may appeal
Serviee shall Fernain terminated during the appeal pmeess.
(3) Violations of Subsection A(4) shall be subject to a fine of $500. Additional violations of
Subsection A(4) within a one-year period shall be subject to larger fines as follows:
Number of Violations Fine
2 $250
3 $1,000
4 $1,250
5 or more $1,500
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C. Reimbursement. All costsi the City forcollection ofrefuse pumuanti• •
be tilled i thg owner gr resigentof i from
originated, Failureto pay said bill a ofa lien upQnsaid
resicloce,
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Additions are underlined, deletions staek threugh.
IN CITY COUNCIL
November 9, 2009
First Reading & Referral to
Infrastructure Committee Meeting
of 11/17/09 at 5pm
CITY CLERK
IN CITY COUNCIL
November 23, 2009
Motion Made and Seconded
for Passage
Vote: 8-1
Councilors Voting Yes:
Blanchette, Bronson, Gratwick, Hawes,
Nealley, Palmer, Stone & Weston
Councilors Voting No: Wheller
Passqd
CITY CLERK
__# 10-009
(TITLE,) Amending Chapter 265, Solid
Waste, of the Code of Ordinances to
Set a Maximum Solid Waste Collection Amount,
Provide for Reimbursement of Certain City
Costs, and Allow for an Appeals Process
Assigned to Councilor