HomeMy WebLinkAboutSubstitute Bill 53-17 Amending Solid Waste Collection 1200 COUNTY-CITY BUILDING OUTB�, PHONE 574/235-9241
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SouTH BEND,INDIANA 46601-1830 ��� TTY 574/235-5567
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CITY OF SOUTH BEND PETE BUTTIGIEG,KAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE AI.ADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
September 7,2017 Filed in Clerk's Office
Mr.Tim Scott CEP 0 7
President,South Bend Common Council
4th Floor,County-City Building KAREEMAH FOWLER
South Bend,IN 46601 CITY CLERK,SOUTH BEND, IN
Re: Bill No. 53-17 Amending Municipal Code Regarding Solid Waste--Substitute
Dear Council President Scott:
On the Council's agenda for Monday, September 11, 2017 will be the captioned Bill No. 53-17 addressing
procedures and fees related to trash,refuse and other solid waste collection and disposal.
Since the time this Bill was filed on August 23,2017,a few minor matters were identified that should be and
have been changed within the Substitute version of Bill No. 53-17,attached.
The Statement of Purpose and Intent has been slightly revised. The other changes have been highlighted in
yellow for your convenience, and they include two clarifications, one regarding the discount for persons age 65 and
over, and one regarding the duration of a disability. The word "pick up" has been changed throughout to include a
hyphen,i.e., "pick-up."Two other changes were made to correct what was and was not part of the original text. For
simplification,the old rate chart has been stricken,and replaced with a new chart although no change has been made
to the dollar figures in the originally filed ordinance.
Other than these few items,Bill No. 53-17 is substantially the same as originally filed.
Thank you for your consideration.
Sincerely,
Aladean M.DeRose,City Attorney
ELLIOT A.ANDERSON DANIELLE K. CAMPBELL ASHLEY MILLS COLBORN
BENJAMIN J.DOUGHERTY MICHAEL J. SCHMIDT
Substitute Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16,
ARTICLE 2, SECTIONS 16-6 THROUGH 16-9,AND 16-12; ARTICLE 3,AT SECTION
16-24; ARTICLE 6,AT SECTION 16-48(m); ARTICLE 8,AT SECTIONS 16-55-56 AND
16-59 (b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO TRASH,
REFUSE,AND OTHER SOLID WASTE COLLECTION AND DISPOSAL
STATEMENT OF PURPOSE AND INTENT
In recent years, the City enacted changes to its trash, refuse and solid waste ordinance,
contained within Chapter 16 of the South Bend Municipal Code, most recently, in 2015 (Ord.No.
10400-15 and 10401-15) to require use of yard waste containers. Since these recent ordinance
amendments, the City has identified inefficiencies and abuses with the collection and disposal
process. This ordinance clarifies and reorganizes the fee structure, reduces the fee for yard waste
collection,and introduces a return trip and contamination fee to address some of the problems that
have arisen.
This ordinance also clarifies and improves the language of pertinent sections of the South
Bend Municipal Code.
It is in the best interest of the City that this ordinance be adopted.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 16, Article 2, Sections 16-6 through 16-9 and Section 16-12 of the
South Bend Municipal Code shall be amended to read in their entirety as follows:
CHAPTER 16 - REFUSE
ARTICLE 2.- COLLECTION AND DISPOSAL
Sec. 16-6. - Collection of residential refuse; exceptions; fees.
Page 1
(a) The City shall have exclusive jurisdiction over and the 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 or formally permit 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 or permitted by 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 their own use; or (2) disposing of such recyclable materials by participating in a
recycling program; or 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 pefsen ffem pufoha iving by gi-ft
=eeyelaemater-ials fe or- other- provided,heiV-o,., *�.
violation of4his speoettin-i". for-any per-son to seavenge of fvfneve reeyelables ftem or- near-
bins„laee d F r r a1 of reeyelab! t,.,the (`: ractef.
L2)(-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, collected by the City or shall be otherwise recycled in a
manner approved by the Director of the Department of Public Works.
L3)(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
Bur-ea Division 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 residential refuse according to the following schedule:
(1) Rates and Charges
MONTHLY DATE
2416 2n
Within City of South Bend Limits:
Family Dwellings:
Page 2
One family .7..ells,t $1 •cam $12.48
Two family dwelling" 18.06 (l) 19.57
free-Family dwell" 2"
Four Family D�'6 eltcniirg?t-* 3 1� 33.76
memo.tat",* 6.91 (l) 7-49
r',,,,,,,,er-e al 13.82 16.22
Outside City of South Bend r ifn ts.
Residential 13.82 16.22
Residential Uenie 5.64 9-36
Additional Trash Co tame-(„or „tamer) 6-.5--SJ 7-.0-9
Yard Waste Bin**** 16.08 16.00
MONTHLY RATES
One-family dwelling $12.48
One-family dwelling Outside City of South Bend Limits $16.22
Two-family dwelling** $19.57
Three-Family dwelling** $26.66
Four Family Dwelling** $33.76
Senior rate*** $7.49
Senior rate*** Outside City of South Bend Limits $9.36
Commercial $16.22
Yard Waste Weekly Service****
Page 3
Additional Trash Container(per container) $7.09
Additional Yard Waste Container(per container) ** $2.00
Fees Per Incident
Tote Replacement Fee $50.00
Special Trash Collection per cubic yard $20.00
Special Yard Waste Collection per cubic yard $10.00
Return Trip Fee $10.00
Contamination Fee $10.00
Administrative Fee $10.00
* Until further amended.
** With one water meter.
*** Where one resident/occupant of the account the head of the household has submitted to the
Board of Public Works proof of address and proof of being age sixty-five (65) or older.No
owner age 65 or older of multiple properties may claim more than one senior discount.
**** Annual eCharge for the_yard waste season which is billed monthly for weekly service
during the months of April through November eight (8) months of the y
(2) The City shall provide, contract with others, or, by permit, allow others to provide
specialized collection services,which allow for collection of residential refuse from areas
other than curbside or alley side.If the City provides specialized collection services,itself,
or by contract with others, the monthly charge for such service shall be set by the South
Bend Common Council. If specialized collection services are provided by a permittee of
the City,the monthly charge shall be subject to negotiation between the customer and the
permittee; and such fee shall be collected by the permittee. The services provided by the
permittee shall be governed by rules and regulations adopted by the Board of Public
Works.
(3) The City may provide or contract with others to provide curbside collection of
recyclables. If such collection is performed by the City, the fee for such service may be
set by the Board of Public Works after a public hearing to a fee reflective of the actual
cost to the City of providing such service. If the service is performed by a contractor
selected pursuant to a public bid process, the monthly fee for such service to the public
Page 4
may be determined by the bid or may be set by the Board of Public Works as getout
above.
(4) Special Collection, such as the pick-up of appliances, furniture and other miscellaneous
items: Appliances, furniture and other miscellaneous items which, in the opinion of the
Director manager of the Division of Solid Waste Bureau-of Solid-Waste, require special
equipment or special scheduling, shall be picked up by the City from residential
customers subject to the following charges:
(1) Each month, the first large item or cubic yard for example, appliance, sofa, etc.)
shall be free. Each additional item or cubic yard shall follow the rate structure set
forth in Sec. 16-6(c)(1). ....No Charge
(2) Second large item or- 1,�eubie yard of eonstr-uetion and demolition debris .....$ 10.
(3) Per cubie yard .....2-9:80
(4)Per--truck load (18 ubie yards) .....420 nn
The Director of the Division of Solid Waste Manager of the Bureau of Solid W.,�+o
shall, upon request,provide the customer with an estimated removal cost. In such a case,
the items will be removed by the Division Bureau only after acceptance by the customer
of the estimated removal costs.
(d)
manner set fofth—in-See=. 4gE^)OJ.. The City shall charge the oeeupant of eae eymer
eeeupied single family r-esidenee and individual unit within a multifainily r-esidenee of" to
four(4)units the sum of ene dollar and ninety seven eents($1.97)per-mefi4h for the collectio
of r-eeyelables-.
Charges for- City colleetion of residential refuse and reeyelables shall be added to the
residential unit's water meter eharges and colleeted as are bills for-water ser-viees.
(djff) It is the responsibility of the owners, occupants or tenants of abutting property to keep all
alleys used by any sanitation vehicles clean, orderly and passable at all times.
Sec. 16-7.- Collection of refuse; commercial and industrial.
(a) The collection of refuse and a proper system for disposal of the same may be undertaken by
any person, organization or corporation for all commercial, retail, industrial, professional,
apartment, institutional or governmental units subject to the provisions of this Chapter and
under the supervision of the Department of Public Works. The term "apartment units" as used
in this section refers to multi-building apartment complexes and to individual apartment
buildings with more than four(4) separate apartments or living units per building.
(b) It is the responsibility of every owner,tenant or lessee to provide a proper system for collection
and disposal of refuse for all commercial, retail, industrial, professional, apartment,
institutional, or governmental units at least once a week subject to the provisions of this
Chapter.
(c) The collection of commercial or industrial waste, refuse, trash and garbage of any kind, type
or nature shall not be the responsibility of the City, but if the City elects to may engage in
such collection activities, the fee shall be set by the Board of Public Works.
Page 5
Sec. 16-8. -Use of any City-furnished refuse containers required;
disabled customer exception; nonrecurring charge for new users;
separation of yard waste; and required use of City-furnished yard
waste containers; paper or other biodegradable bags.
(a) Each single family, two family, three family and four- family dwelling shall be provided b)
the City with e (1) solid waste „t er for a., 1, family »r;* It shall be the duty of the
dwelling occupant to keep the cover of the this container tightly fitted when refuse is contained
in the container, and to remove the container from the collection site promptly after collection
by the City and no later than twenty-four (24) hours thereafter. No container other than the
one provided by the City shall be used for solid waste removal, and all refuse must be placed
in the container and moved to the place of pickup by 6:00 a.m. on the designated collection
date. If the customer does not receive the regularly scheduled weekly service through no fault
of the City, customer shall be charged a "Return Trip" fee as set forth in Sec. 16-6(c)(1).
Should the solid waste refuse of a dwelling habitually exceed the limits of the furnished solid
waste container, the City may require the dwelling occupant to use a second City-furnished
container or the dwelling „_t n a t may ehoese to , seeend City fum hed ...�..,taine
--r----- may is,«+ <V11lUllltr
at the rate set forth in Sec. 16-6(c)(1) additional charge of six dollars and fifty f= e cents
($6 55) tl, (' 201 6) .1 , n„ dollars and nine is(Q'7 09)p .,n4 (in 2017 and
thereafter-) on a mandatofy year to year-basis as provided in Subseetion (d) of this seeti
4 , r � � J I per•iv � �
(b) No person shall deposit refuse in any solid waste container in a manner which prevents
complete closure of the container's cover or deposit refuse on top of such container in a manner
that interferes with opening of the container, nor shall any person pile or stack refuse against
such a container. No person shall deposit refuse in any solid waste container that will
contaminate the waste stream. Should it be determined by the City's Solid Waste Division
that the customer deposited contaminate in the solid waste container, the customer shall
receive a warning from the City's Solid Waste Division. If the customer continues to deposit
such contaminate customer shall be charged a contamination fee as set forth in Sec. 16-
6c 1
(c) It is the duty of a dwelling occupant to maintain the container in clean condition after each
removal of container contents and to remove any litter from the area surrounding the container.
(d) The initial container furnished to owners,agents or occupants of dwellings as provided in this
section shall be free of charge.New or subsequent dwelling owners,agents or occupants,shall
pay an initial nonrecurring service fee of ten do1lars ($10.00) set forth in Sec. 16-6(c)(1), to
cover the City's administrative cost of delivery and furnishing the refuse container. Should a
container become substantially damaged or otherwise incapable of effective use through no
fault of the City, a new container may be provided at the actual tote replacement fee set forth
in Sec. 16-6(c)(1), eat. Any dwelling unit using more than one (1) refuse container or
habitually having refuse exceeding capacity of the furnished container shall be required to use
lease a second container at the rate set forth in Sec. 16-6(c)(1). In the event that a tote is stolen,
and the resident is able to provide evidence of a police report related to such theft, the City
shall supply one (1) free replacement tote per calendar year. The tote is expected to remain
at the dwelling. Should the customer move the customer is expected to either contact the
City's Solid Waste Division and arrange for a pick- up of the tote or leave the tote at the
Page 6
dwelling. year to year term at the lease ate of six dollars and fifty five eeu+w ($6.55)p°
month (in 2016), and seven dollars and nine eents ($7.09)pef menth(in 2017 and ther-eafter-).
r
(e) Disabled persons or persons needing assisted service who satisfy the following conditions are
exempt from the requirement that refuse containers be taken to the curb for emptying on the
designated collection dates, and for such persons,the containers may be placed at the front of
the dwelling. To be exempt a disabled person or a person needing assisted collection must
provide the following to the Director of Solid Waste within one (1) year of seeking assisted
service:
(1) Submit physician's written statement attesting to customer's inability to physically move
container to the curb for collection and return it after collection and the probable duration
of that disability; and
(2) Submit customer's written, signed statement that there is no person in the household who
is able to physically move the container to the curb for collection and return it after
collection.
(f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and
recycling at the City's Organic Resource Facility provided it is placed in containers furnished
by'°a° na-the City. Each owner,occupant or lessee of any single or multifamily dwelling
shall separate and keep separate any yard waste from the remainder of the residential refuse
for collection. As of April 1, 201-6 Yyard waste shall not be placed in plastic bags for
collection. Such yard waste shall be placed in containers furnished by leased€rem the City,or
may be placed for special pick-up only, in paper or other biodegradable bags. Additionally,
special pick-up may be scheduled for any tree limbs and brush of a diameter of less than four
(4) inches which shall be bundled together in lengths of forty-eight(48) inches or less, or feF
tree limbs and b____h in exeess of these a' , or for large quantities of yard waste,
excluding tree limbs in excess of six inches in diameter and stumps. Nothing in this section
shall prohibit any person from recycling yard wastes on their own property for their own use
or from giving such yard waste to another for recycling or use; provided, however, that such
recycling neither creates a public nuisance nor is otherwise injurious to the public health,
welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves
in a neat and careful manner in the tree lawn or any street in the autumn during the period
designated by the Department of Public Works for collection.
(g) Conuneneing T r-y 1, 2016 the ovine:, Oeccupant or lessee of any single or multifamily
dwelling who desires City service of weekly yard waste pick=up and removal must participate
in the City's yard waste program and use a City issued yard waste container. lease from +�'°
City a yard waste container with eapacity for- either feFty five (45) or ninety six (96) gallons
of yard +°was
per- month for- the months of April thfough Novembef, or- sixteen dollars ($16.00) per Should such eentainer beeome substantially damaged or-other-wise ineapable of effeetive use
.
t, L, no fault of the City,the r°�;.a°„+ lessee may be fesp„nsibl°fo f the lace ent o f he
Lllt replacement 111 y
eentaineF at aetual ees Yard waste not placed in a City issued containers!eased f of,the City
will not be eligible for weekly pick-up and will be eligible only for special pick-up scheduled
by the owner, occupant or lessee of any single or multifamily dwelling.
Page 7
(h) The owner,occupant or lessee of any single or multifamily dwelling who desires special pick-
up of yard waste shall schedule such pick-up with the City's Solid Waste Division Organic
Resource Faei ity through the 311 Call Center subject to the following charges set forth in
Sec. 16-6(c)(1). month basis:
(1) Each month, the first large item or cubic yard (equates to 10 thirty-gallon paper bags)
shall be free of charge Each additional item or cubic yard shall follow the rate set forth
in Sec. 16-6(c)(1)..
(1) Up to one (1) cubie yard (equivalent of ten (10) thigy (30) gallon garbage bags)..
eharge
(3) Each cubie yard or more than one half 1
Sec. 16-9.-All residential waste collections excluding special trash or yard
waste., ineluding garbage Garbage ,a tray, to be ..peered in „tame,. .,n!
Collections by the City shall be made only of residential refuse that is contained in City issued
containers or as otherwise set out in section 16-8, above. In no event shall City collectors pick up,
rake or sweep up garbage or household trash from the ground, except as provided in section 16-
57.
Sec. 16-12. - Placement of garbage,yard waste, recycling and trash
containers for collection.
(a) Containers for residential refuse shall be placed in such places as to be readily accessible for
the removal or emptying by the City and placed in such a manner and in such a place that such
containers will not constitute a public nuisance in any respect.
(b) Where alley collections are to be made as exceptions to curbside collection, such containers
shall be placed within five (5) two 2 feet of the alley line at the time and day of collection,
but shall not at any time be placed within the limits of the alley itself. in these where, in
the opinion of the Department of Publie Works, eelleetion by alley is not pr-aefieal or-fe�ible,
or- in these areas w-heFe no alleys exist at all, the eentainer-s shall be plaeed for collect'- i :
Works.
(c) In these -_____ ..h__- alley --'-'---+.-_is not available and-curbside collection refuse containers
are alley to be placed within two (2) feet of the curb, on the front yard or tree lawn for
collection, such containers shall not be placed on the front yard or tree lawn area before 12:00
noon on the day prior to collection,and must be removed from the front yard or tree lawn area
on the day of collection. Placing or leaving refuse containers on such areas at any other times
shall constitute a public nuisance under Section 16-53 of this Chapter.
(d) Residential refuse shall be placed for collection at the residence at which it was generated. It
shall be a violation of this section for any person to place refuse for collection by the City or
its contractor that was not generated at that residence or by the occupants or guests of that
residence.
Page 8
SECTION II. Chapter 16, Article 6, Sections 16-48(m) of the South Bend Municipal Code
shall be amended to read in its entirety as follows:
ARTICLE 6. -DISPOSAL SITES AND SANITARY LANDFILLS
(Sections. 16-40-47 No changes)
Sec. 16-48. - Sanitary landfill operation requirements.
(Subparts (a)through (1), and (n)through (q)—no changes )
(m) Scavenging shall be permitted only if salvaged material is removed from the site daily and
does not interfere with the orderly operation of the landfill. This Section in no way precludes
the right of a landfill operator to prevent scavenging as a part of their h6 operational standards.
SECTION III. Chapter 16, Article 8, Sections 16- 55, 56, and Section 59 (b) of the South
Bend Municipal Code shall be amended to read in its entirety as follows:
See. 16-55. -Notice prior to abatement by City.
The Board of Public Works or its designee shall give forty-eight(48)hours'notice,in writing,
to remove from any real or personal property within the City any object or condition which is
deemed to be a public nuisance under Section 16-53 of this article. Such notice shall be given to
the owner of record or their his agent, and to any tenant or occupant of the property upon which
nuisance exists. Notice to the record owner may be mailed to their his last known address. Notice
to any tenant or occupant may be given by posting same in a prominent place upon the premises
where the nuisance is located.
Sec. 16-56. -Failure to comply with notice to abate.
Failure,neglect,or refusal by the record owner or their his agent,or the tenant or occupant,to
comply with the terms of the notice given pursuant to Section 16-55 shall constitute a violation of
this article. Each day's failure, neglect or refusal to abate the nuisance following notice pursuant
to Section 16-55 shall constitute a separate offense under this Article.
Sec. 16-59. -Removal of vegetation.
(a) Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over
nine (9)inches high, but not including small trees and bushes.
(b) Notice. The Department of Code Enforcement shall give forty-eight (48) hours' notice, in
writing, to remove from any real or personal property within the City weeds and rank
vegetation. Such notice shall be given to the owner of record or their his agent and to any
tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice
to the record owner may be mailed to the last known address of the record owner. Notice to
any tenant or occupant may be given by posting the same in a prominent place upon the
premises where the weeds and rank vegetation exists.
Page 9
SECTION IV. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval of the Mayor and any publication required by law.
Member, South Bend Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2 , at o'clock .m.
City Clerk
Approved and signed by me on the day of , 2 ,
at o'clock, .m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
REF 0 7 2017
t st READING
PUBLIC HEARING
3rd READING KAREENiAH FOWLER
NOT APPROVED CITY CLERK,SOUS pq D,IN
REFERRED
GASSED
4g0UTH B�
227 W.JEFFERSON BOULEVARD y ��.� PHONE:574/235-9251
SUITE 1316 U \� , ,, `? FAX:574/235-9171
SOUTH BEND,IN 46601-1830
�e. { �a2
x •
1855
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF PUBLIC WORKS
ERIC HORVATH,DIRECTOR
August 23, 2017
r d in Clerk's Office
Tim Scott
Council President AUG 2 3 2017
South Bend Common Council
227 West Jefferson Blvd.;Suite 400 S REEI`k'IA"t-i FUWLER
CITY CLERK,SOUTH BEND,IN
South Bend, Indiana 46601 _._.._.µ ._---
Council President Tim Scott,
I am pleased to submit to you amendments to Chapter 16 of the Municipal Code to address procedures
and fees related to Trash,Refuse and other Solid Waste collection and disposal.These changes to the
Ordinance will allow City staff to be more responsive to the needs of our residents.
The primary purpose of the proposed changes to Section 16 are:
1- To make the current fee structure easier to understand,
2- To add service fees that help eliminate the abuse of the program;and
3- To clarify and improve the language of pertinent sections of the South Bend Municipal Code
I will be presenting this ordinance to the Council at its Committee and regular meetings, accompanied
by Michael Bronstetter, Director of Solid Waste,who can answer operational questions.
If you have any questions, please do not hesitate to reach out to me.
Sincerely,
litin Kain
Deputy Director, Public Works
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16,
ARTICLE 2, SECTIONS 16-6 THROUGH 16-9,AND 16-12; ARTICLE 3,AT SECTION
16-24; ARTICLE 6,AT SECTION 16-48(m); ARTICLE 8,AT SECTIONS 16-55-56 AND
16-59 (b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO TRASH,
REFUSE, AND OTHER SOLID WASTE COLLECTION AND DISPOSAL
STATEMENT OF PURPOSE AND INTENT
In recent years, the City enacted changes to its trash, refuse and solid waste ordinance,
contained within Chapter 16 of the South Bend Municipal Code, most recently,in 2015 (Ord.No.
10400-15 and 10401-15) to require use of yard waste containers. Since these recent ordinance
amendments, the City has identified abuses and imperfections with the collection and disposal
process. This ordinance, by introducing fees for special trash collection, special yard waste
collection,return trips by the City, among others,is intended to address some of the problems that
have arisen.
This ordinance also clarifies and improves the language of pertinent sections of the South
Bend Municipal Code.
It is in the best interest of the City that this ordinance be adopted.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Chapter 16, Article 2, Sections 16-6 through 16-9 and Section 16-12 of the
South Bend Municipal Code shall be amended to read in their entirety as follows:
CHAPTER 16 - REFUSE
ARTICLE 2. - COLLECTION AND DISPOSAL
Sec. 16-6. - Collection of residential refuse; exceptions; fees.
(a) The City shall have exclusive jurisdiction over and the exclusive right to control the collection
and disposal of residential refuse within the boundaries of the City of South Bend. The City
Page 1
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 or formally permit 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 or permitted by 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 their own use; or (2) disposing of such recyclable materials by participating in a
recycling program; or 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.
--i'ving by gift
(2) Nothing in this Chaptef shall pr-event a pefsen ffem puf!eha i -
r-eeyelable materials fo , . - of other- use; pr-evided, th t it shall be
violation of4his seretiown for- any per-son to seavenge or- r-emave r-ecyelables from or- near
bins plaee for-r-emeval of r-eeyel.,b! i.y the Gi," raet„r
L2)(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, collected by the City or shall be otherwise recycled in a
manner approved by the Director of the Department of Public Works.
(3)(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
Bur-e a Division 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 residential refuse according to the following schedule:
(1) Rates and Charges
MONTHLY RATES
2416 2n
Within Git�, of South Bend Limits:
Family Dwellings:
Page 2
One-family dwelling $1 $12.48
One-family dwelling Outside City of South Bend Limits $16.22
Two-family dwelling** 18.06 (l) $19.57
Three-Family dwelling** 24.61 (i) $26.66
Four Family Dwelling** 31.16 (i) $33.76
Senior rate*** 6.91 (1) $7.49
Senior rate*** Outside City of South Bend Limits $9.36
Commercial 13.82 $16.22
Yard Waste weekly collection**** $2.00
Outside Gity of South Bend T ;,„its•
Residential Outside Bend Limitssi 13.92 $16.22
Residential Senior-*** "4
Additional Trash Container(per container) 6:54-5 $7.09
Additional Yard Waste Bin Container(per container) **** 1€.00 $2.00
Tote Replacement Fee $50.00
Special Trash Collection per cubic yard $20.00
Special Yard Waste Collection per cubic yard $10.00
Return Trip fee $10.00
Contamination Fee $10.00
I
Page 3
Administrative Fee $10.00
* Until further amended.
** With one water meter.
*** Where one resident/occupant of the account*the d of the household has submitted to the
Board of Public Works proof of address and proof of being age sixty-five (65) or older.
**** Annual eCharge for the ,yard waste season which is billed monthly for weekly service
during the months of April through November .
(2) The City shall provide, contract with others, or, by permit, allow others to provide
specialized collection services,which allow for collection of residential refuse from areas
other than curbside or alley side.If the City provides specialized collection services,itself,
or by contract with others, the monthly charge for such service shall be set by the South
Bend Common Council. If specialized collection services are provided by a permittee of
the City,the monthly charge shall be subject to negotiation between the customer and the
permittee; and such fee shall be collected by the permittee. The services provided by the
permittee shall be governed by rules and regulations adopted by the Board of Public
Works.
(3) The City may provide or contract with others to provide curbside collection of
recyclables. If such collection is performed by the City, the fee for such service may be
set by the Board of Public Works after a public hearing to a fee reflective of the actual
cost to the City of providing such service. If the service is performed by a contractor
selected pursuant to a public bid process, the monthly fee for such service to the public
may be determined by the bid or may be set by the Board of Public Works as set-eta
above.
(4) Special Collection such as the pick-up of appliances, furniture and other miscellaneous
items: Appliances, furniture and other miscellaneous items which, in the opinion of the
Director manager of the Division of Solid Waste Blfflreau of-gelid Waste, require special
equipment or special scheduling, shall be picked up by the City from residential
customers subject to the following charges:
(1) Each month, the first large item or cubic ay rd (for example, appliance, sofa, etc.)
shall be free Each additional item or cubic yard shall follow the rate structure set
forth in Sec. 16-6(c)(1). ....No Charge
(2) Seeond large item or- ',�eubie yard of eanstmetion and demolition debris .....$ 10.
(3Per-cubie yard.....
The Director of the Division of Solid Waste Manager- of the Bureau of Solid Waste
shall, upon request,provide the customer with an estimated removal cost. In such a case,
Page 4
the items will be removed by the Division fit}only after acceptance by the customer
of the estimated removal costs.
(d)
f i4 See—. 44(0(4. T G'+ >1 shall i.ar-ge the pant of o,,e
manner set zyrai�ri- �.., .,....... �...,..b� ..._ .,..---- "- "--=r-- --- ------
eeeupied single family reside ce and individual unit within a multifamily residence of up to
fouf(4)units the sum of one dollar and ninety seven eents($1.97)per-month for the eolleetio
of r-eeye abler
unit's(e) Charges for City eelleetion of residential refuse and reeyelables shall be added to the
fesidential
(djff) It is the responsibility of the owners, occupants or tenants of abutting property to keep all
alleys used by any sanitation vehicles clean, orderly and passable at all times.
Sec. 16-7. - Collection of refuse; commercial and industrial.
(a) The collection of refuse and a proper system for disposal of the same may be undertaken by
any person, organization or corporation for all commercial, retail, industrial, professional,
apartment, institutional or governmental units subject to the provisions of this Chapter and
under the supervision of the Department of Public Works. The term "apartment units" as used
in this section refers to multi-building apartment complexes and to individual apartment
buildings with more than four(4) separate apartments or living units per building.
(b) It is the responsibility of every owner,tenant or lessee to provide a proper system for collection
and disposal of refuse for all commercial, retail, industrial, professional, apartment,
institutional, or governmental units at least once a week subject to the provisions of this
Chapter.
(c) The collection of commercial or industrial waste, refuse, trash and garbage of any kind, type
or nature shall not be the responsibility of the City, but if the City elects to moray engage in
such collection activities, the fee shall be set by the Board of Public Works.
Sec. 16-8. - Use of any City-furnished refuse containers required;
disabled customer exception; nonrecurring charge for new users;
separation of yard waste; and required use of City-furnished yard
waste containers; paper or other biodegradable bags.
(a) L t, single family, + f '1>> th f:, :ly and four family dwelling sh ll be pr-Ovided b
the Git with one (1) solid waste eontainef for- each family '+ It shall be the duty of the
dwelling occupant to keep the cover of the this container tightly fitted when refuse is contained
in the container,and to remove the container from the collection site promptly after collection
by the City and no later than twenty-four (24) hours thereafter. No container other than the
one provided by the City shall be used for solid waste removal, and all refuse must be placed
in the container and moved to the place of pickup by 6:00 a.m. on the designated collection
date. If the customer does not receive the regularly scheduled weekly service through no fault
of the City, customer shall be charged a "Return Trip" fee as set forth in Sec. 16-6(c)(1).
Should the solid waste refuse of a dwelling habitually exceed the limits of the furnished solid
waste container, the City may require the dwelling occupant to use a second City-furnished
container or the dwelling unit oeetipant may choose to use a second City fumished container
Page 5
at the rate set forth in Sec. 16-6(c)(1) additional el dollars and fifty five ee
($6.55)per month(in 2016), .1 seven do! „a nine.r t ($7 09) month(i 2017 an
thereafter) on a mandatory year-te year basis as provided in Subseetion (d) of this seeti
ilILJ\W/ V/I 41 \
(b) No person shall deposit refuse in any solid waste container in a manner which prevents
complete closure of the container's cover or deposit refuse on top of such container in a manner
that interferes with opening of the container, nor shall any person pile or stack refuse against
such a container. No person shall deposit refuse in any solid waste container that will
contaminate the waste stream. Should it be determined by the City's Solid Waste Division
that the customer deposited contaminate in the solid waste container, the customer shall
receive a warning from the City's Solid Waste Division. If the customer continues to deposit
such contaminate customer shall be charged a contamination fee as set forth in Sec. 16-
6(c)(1).
(c) It is the duty of a dwelling occupant to maintain the container in clean condition after each
removal of container contents and to remove any litter from the area surrounding the container.
(d) The initial container furnished to owners,agents or occupants of dwellings as provided in this
section shall be free of charge.New or subsequent dwelling owners,agents or occupants, shall
pay an initial nonrecurring service fee of ten Mims ($10.00) set forth in Sec. 16-6(c)(1),to
cover the City's administrative cost of delivery and furnishing the refuse container. Should a
container become substantially damaged or otherwise incapable of effective use through no
fault of the City, a new container may be provided at the actual tote replacement fee set forth
in Sec. 16-6(c)(1), test. Any dwelling unit using more than one (1) refuse container or
habitually having refuse exceeding capacity of the furnished container shall be required to use
kease a second container at the rate set forth in Sec. 16-6(c)(1). In the event that a tote is stolen,
and the resident is able to provide evidence of a police report related to such theft the City
shall supply one (1) free replacement tote per calendar year. The tote is expected to remain
at the dwelling Should the customer move the customer is expected to either contact the
City's Solid Waste Division and arrange for a pick- up of the tote or leave the tote at the
dwelling. fef a year-to year tefm at the lease rate of six dollars and fifty -five eents ($6.55)pe
me h(in 2016), and seven dollars and nine eents ($7.09)per-rfienth(in 2017 and thefeafter-).
(e) Disabled persons or persons needing assisted service who satisfy the following conditions are
exempt from the requirement that refuse containers be taken to the curb for emptying on the
designated collection dates, and for such persons, the containers may be placed at the front of
the dwelling. To be exempt a disabled person or a person needing assisted collection must
provide the following to the Director of Solid Waste within one (1) year of seeking assisted
service:
(1) Submit physician's written statement attesting to customer's inability to physically move
container to the curb for collection and return it after collection; and
(2) Submit customer's written, signed statement that there is no person in the household who
is able to physically move the container to the curb for collection and return it after
collection.
(f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and
recycling at the City's Organic Resource Facility provided it is placed in containers furnished
bW-Asea-fronithe City. Each owner, occupant or lessee of any single or multifamily dwelling
Page 6
shall separate and keep separate any yard waste from the remainder of the residential refuse
for collection. As of 1, 2016 Yyard waste shall not be placed in plastic bags for
collection. Such yard waste shall be placed in containers furnished by!eased fre the City,or
may be placed for special pick up only, in paper or other biodegradable bags. Additionally,
special pick up may be scheduled for any tree limbs and brush of a diameter of less than four
(4) inches which shall be bundled together in lengths of forty-eight(48) inches or less, or-fe r
t--- limbs b_ ___a brush in of these dimensions, or for large quantities of yard waste,
excluding tree limbs in excess of six inches in diameter and stumps. Nothing in this section
shall prohibit any person from recycling yard wastes on their own property for their own use
or from giving such yard waste to another for recycling or use; provided, however, that such
recycling neither creates a public nuisance nor is otherwise injurious to the public health,
welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves
in a neat and careful manner in the tree lawn or any street in the autumn during the period
designated by the Department of Public Works for collection.
(g) Eemman • january 1, 2016 the o vme , Oeccupant or lessee of any single or multifamily
dwelling who desires City service of weekly yard waste pick up and removal must participate
in the City's yard waste program and use a City issued yard waste container. lease from +''°
City a yard waste dontainer with eapaeity for either f9rty five (45) or-ninety six (96) gallens
of yard was The fee lease rate no matter which size container- shall be two dollars (
per- month for the months of April through November, or- sixteen dollars ($16.00) per year.
Should sueh container beeeme substantiafly damaged or-ethei:wise incapable of effeetive use
through ne fault of the City, the T��ident lessee may be responsible for-the replacement of the
container-at aetu ' ces Yard waste not placed in a City issued containers!eased 40M the City
will not be eligible for weekly pick up and will be eligible only for special pick up scheduled
by the owner, occupant or lessee of any single or multifamily dwelling.
(h) The owner, occupant or lessee of any single or multifamily dwelling who desires special pick
up of yard waste shall schedule such pick up with the City's Solid Waste Division Organic
Reseuree Fa : it-y through the 311 Call Center subject to the felhyAi-ng charges set forth in
Sec. 16-6(c)(1). .
(1) Each month, the first large item or cubic yard (equates to 10 thirty alg lon paper bags)
shall be free of charge Each additional item or cubic yard shall follow the rate set forth
in Sec. 16-6(c)(1)..
(1) Up to one (1) eubie yard (Pquiyalent .of ten (10) fhjAy (30) gallon garbage bags).....N 0
charge
(2) Subsequent pick up(s) of up to one half(1A) eubie yard .....$ 10.0
(3) Each eubie yard or more than one half(17�) eubie yard thereafter. .....2
Sec. 16-9.—All residential waste collections excludinlz special trash or yard
waste., ineluding garbage Garbage and trash to be ealleeted in eontainers on!).
Collections by the City shall be made only of residential refuse that is contained in City issued
containers or as otherwise set out in section 16-8, above. In no event shall City collectors pick up,
Page 7
rake or sweep up garbage or household trash from the ground, except as provided in section 16-
57.
Sec. 16-12. - Placement of garbage,yard waste, recycling and trash
containers for collection.
(a) Containers for residential refuse shall be placed in such places as to be readily accessible for
the removal or emptying by the City and placed in such a manner and in such a place that such
containers will not constitute a public nuisance in any respect.
(b) Where alley collections are to be made as exceptions to curbside collection, such containers
shall be placed within five (5)two (2) feet of the alley line at the time and day of collection,
but shall not at any time be placed within the limits of the alley itself. In these areas where, in
or- in those af!eas where no alleys exist at all, the eei#ainer-s shall be placed for- eellection i
eemplianee with the nales and regulla-fiens that shall be adopted by the Depaftment of Public
V
(c) In these areas where alley " tion is not available and curbside collection refuse containers
are allowed to be placed within two (2) feet of the curb, on the front yard or tree lawn for
collection, such containers shall not be placed on the front yard or tree lawn area before 12:00
noon on the day prior to collection,and must be removed from the front yard or tree lawn area
on the day of collection. Placing or leaving refuse containers on such areas at any other times
shall constitute a public nuisance under Section 16-53 of this Chapter.
(d) Residential refuse shall be placed for collection at the residence at which it was generated. It
shall be a violation of this section for any person to place refuse for collection by the City or
its contractor that was not generated at that residence or by the occupants or guests of that
residence.
SECTION II. Chapter 16, Article 6, Sections 16-48(m) of the South Bend Municipal Code
shall be amended to read in its entirety as follows:
ARTICLE 6. -DISPOSAL SITES AND SANITARY LANDFILLS
(Sections. 16-40-47 No changes)
Sec. 16-48. - Sanitary landfill operation requirements.
(Subparts (a)through (1), and (n) through (q)—no changes)
(m) Scavenging shall be permitted only if salvaged material is removed from the site daily and
does not interfere with the orderly operation of the landfill. This Section in no way precludes
the right of a landfill operator to prevent scavenging as a part of their his operational standards.
SECTION III. Chapter 16, Article 8, Sections 16- 55, 56, and Section 59 (b) of the South
Bend Municipal Code shall be amended to read in its entirety as follows:
Page 8
Sec. 16-55. -Notice prior to abatement by City.
The Board of Public Works or its designee shall give forty-eight(48)hours'notice,in writing,
to remove from any real or personal property within the City any object or condition which is
deemed to be a public nuisance under Section 16-53 of this article. Such notice shall be given to
the owner of record or their his agent, and to any tenant or occupant of the property upon which
nuisance exists.Notice to the record owner may be mailed to their his last known address. Notice
to any tenant or occupant may be given by posting same in a prominent place upon the premises
where the nuisance is located.
Sec. 16-56. - Failure to comply with notice to abate.
Failure,neglect,or refusal by the record owner or their hi-s agent,or the tenant or occupant,to
comply with the terms of the notice given pursuant to Section 16-55 shall constitute a violation of
this article. Each day's failure, neglect or refusal to abate the nuisance following notice pursuant
to Section 16-55 shall constitute a separate offense under this Article.
Sec. 16-59. -Removal of vegetation.
(a) Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over
nine (9) inches high, but not including small trees and bushes.
(b) Notice. The Department of Code Enforcement shall give forty-eight (48) hours' notice, in
writing, to remove from any real or personal property within the City weeds and rank
vegetation. Such notice shall be given to the owner of record or their his agent and to any
tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice
to the record owner may be mailed to the last known address of the record owner. Notice to
any tenant or occupant may be given by posting the same in a prominent place upon the
premises where the weeds and rank vegetation exists.
SECTION IV. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval of the Mayor and any publication required by law.
Member, South Bend Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2 , at o'clock m.
Page 9
City Clerk
Approved and signed by me on the day of , 2 ,
at o'clock, .in.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
AUG 2 3 2017
KAREEMAH FOWLER
CITY CLERK,_S ,�