8436-93 Amending Various Sections Throught Chapter 16 Refuse

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exclusive right to control the collection and disposal of residential refuse within the boundaries of the City of South Bend. The City may exercise its exclusive jurisdiction and right to control residential refuse by providing collection and disposal services itself, or the City may, through its Board of Public Works, contract with others to provide collection and disposal services on its behalf. No residential refuse, as defined in this chapter, shall be collected or disposed of except by the City or by a person or company under contract with the City to provide such services . (b) Exceptions and exemptions : (1) Nothing in this chapter shall prevent any person who generates or produces residential refuse on property owned or leased by such person from separating recyclable materials from such residential refuse and either (1) maintaining title to such recyclable materials for his own use, or (2) disposing of such recyclable materials by sale or gift; provided, however, that such separation and disposition neither creates a public nuisance nor is otherwise injurious to the public health, welfare and safety. (2) Nothing in this chapter shall prevent a person from purchasing or receiving by gift recyclable materials for processing or other use; provided, however, that it shall be a violation of this section for any person to scavenge or remove recyclables from or near bins placed for removal of recyclables by the City or its contractor. (3) Nothing in this chapter shall prevent the removal from residential premises of discarded building materials, trees, brush and other vegetation resulting from the activities of building contractors, commercial tree trimmers or commercial lawn services; provided, however, that such residential refuse so removed that falls within the definition of yard waste shall either be disposed of at the City' s Organic Resource Facility as provided in Article 4, below, or shall be otherwise recycled in a manner approved by the Director of the Department of Public Works . (4) Nothing in this chapter shall prevent a person from contracting with a private contractor for the removal of appliances, furniture, tree limbs, demolition debris or other waste that would require special equipment or special scheduling for removal by the Bureau of Solid Waste. (c) The City shall charge the owner or occupant of each occupied residence within the City for the collection and disposal of garbage and trash residential refuse according to the following schedule: (1) One-family dwelling with no limit on number of bags and bundles : Seven dollars ($7 .00) Eight dollars ($8 . 00) per month. (2) One-family dwelling where the head of the household has submitted to the Board of Public Works proof of age sixty- five (65) or over: Four dollars and fifty cents ($4 .50) Five dollars and fifty cents ($5 .50) per month. (3) Two-family dwelling with no limit on containers and bags : Seven dollars and fifty cents ($7 .50) Ten Dollars ($10 . 00) per month.