HomeMy WebLinkAbout9598-05 Amend Chapter 16, Article 2, Section 16-6 and 16-8, to provide for lease of refuse containers, adjustments to rates, and use of refuse containersORDINANCE No. sssaos
Passed by the Common Council of the Ciry of South Bend, Indiana
June 27,
Attest:
Attest:
JOHN
20 05
Presented by me to the Mayor of the City of South Bend, Indiana
June 28,
20 05
City Clerk
President of Common Council
Ciry Clerk
Approved and signed by me June 2 9 20 0 5
~~ /~~„`. ~~ Mme,
ORDINANCE NO. ~ S ~ U l
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16-6 AND 16-8 OF
THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR LEASE OF REFUSE
CONTAINERS FROM THE CITY, ADJUSTMENTS TO RATES, AND
PROCEDURES FOR USE OF REFUSE CONTAINERS
STATEMENT OF PURPOSE AND INTENT
To promote a clean city and to enhance efficiency of the refuse collection process, the City
of South Bend will be distributing 96 gallon and 48 gallon, hinged lid refuse containers to residential
owners and occupants throughout the City of South Bend. Use of these containers will be required
for the removal of refuse from residential premises from and after the effective date of this
ordinance, and the first container will be given free of charge. The closed containers should
eliminate spillage, animal access, and other environmental problems often occurring with unhinged
containers.
This ordinance encourages our residents to participate in the curbside recycling program by
requiring all trash to be placed in a City provided container. It also provides for the cost of replacing
containers and supplying additional containers to those residents that may need them by adjusting
the general refuse collection rates for all multifamily dwellings and those single family dwellings
that require more than one container. It is also necessary to provide for some general use and
maintenance rules regarding the new containers.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA that Chapter 16, Article 2, Sections 16-6 and 16-8 of the South Bend
Municipal Code be amended as follows:
Section I. Chapter 16, Article 2, Section 16-6, subpart c of the South Bend Municipal Code
be and hereby is amended to read as follows:
Section 16-6 Collection of residential refuse; exceptions; fees.
(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) One-family dwelling
bundles: 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: Five dollars and fifty cents ($5.50) per month.
(3) Two-family dwelling with one
water meter: 6~ Thirteen dollars ($13.00) per month
or Eight dollars ($8.00) per month per water meter.
(4) Three-family dwelling with one
water meter: Eighteen dollars ($18.00) per
month or Eight dollars ($8.00) per month per water meter.
(S) Four-family dwelling '
with one water meter: Twent ty hree
dollars ($23.00) per month or Eight dollars ($8.00) per month per
water meter.
(6) 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
alleyside. 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.
(7) 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 out above.
(8) Pick up of appliances, furniture and other miscellaneous items:
Appliances, furniture and other miscellaneous items which, in the
opinion of the manager of the 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) First large item (appliance, sofa, etc.) ... No
charge.
(2) Second large item or 1/z cubic yard of construction
and demolition debris ... $10.00
(3) Per cubic yard ... $20.00
(4) Per truck load (18 cubic yards) ... $420.00
The manager of the Bureau of Solid Waste shall, upon request,
provide the customer with an estimated removal cost. In such a case,
the items will be removed by the Bureau only after acceptance by the
customer of the estimated removal costs.
(9) The City may provide residential refuse collection services to
residences outside of the corporate limits of South Bend. The fee for
such service shall be based upon the fee schedule for residences
within the City plus a surcharge equal to twenty (20) percent of the
fees for City residents set out above.
Section II. Chapter 16, Article 2, Section 16-8, of the South Bend Municipal Code be and
hereby is amended to read as follows:
Section 16-8.
Use of City furnished refuse containers required; disabled customer exception,
non recurring charge for new users; separation of yard waste.
(a) Each single family, two family, three family and
four family dwelling shall be provided b the e City with one solid waste container for
each family unit. It shall be the duty of the dwelling_occupant to keep the cover of
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 ofpick-up by 6:00 a.m. on the desi mated collection
date.
.................~ .... ~.....,..t,,~ . _ ....,..---~--..,..,..~.. .. .b.., ...... _......,..-~~ ------ -------
- 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 at an additional charge
of Five dollars ($5.001 ner month on a mandatory year to year basis as vrovided in
subpart (d) of this Section.
(b) -
mti-s~nee- 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 ton of
such container in a manner that interferes with opening of the container, nor shall anv
person pile or stack refuse against such a container.
(c)
trtrei~ It is the duty of a dwelling occupant to maintain the container in clean
condition after each removal of container contents and to remove anv litter from the
area surrounding the container.
(d} The initial container furnished to owners, agents or occupants of dwellin s as
provided in this Section shall be free of charge. New or subsequent dwelling owners,
agents or occupants, shall pay an initial non-recurring service fee of Ten dollars
($10.00) to cover the City's administrative cost of delivery and furnishine the refuse
container. Should a container become substantiall dy amaged or otherwise incapable
of effective use through no fault of the City, a new container may be provided at
actual cost. Any dwellingLunit using more than one refuse container or habitually
having refuse exceeding capacity of the furnished container shall lease a second
container fora ear t_o year term at the lease rate of Five dollars ($5.00) per month.
(e)
. Disabled persons who satisfy
the following conditions are exempt from the requirement that refuse containers be
taken to the curb for em~tying on the designated collection dates, and for such
persons, the containers maybe placed at the front of the dwelling, To be exempt a
disabled person must:
(1) submit physician's written statement attesting_to customer's
inability to ~h, smelly move container to the curb for collection and
return it after collection• and
(2) submit customer's written, si fined 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.
{d-j ~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. 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.
Such yard waste shall be placed in sturdy plastic bags or other containers for
collection segregated from the trash and garbage. Tree limbs and brush of a diameter
of less than si~-{fr) four 4 inches shall be bundled together in lengths of forty-eight
(48) inches or less. Tree limbs and brush in excess of these dimensions or lame
quantities of ,yard waste may be scheduled for special pick up. 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 of any street in the autumn during the period designated by the Department
of Public Works for collection.
Section III. This Ordinance shall be in full force and effect on August 1, 2005 subject to
adoption by the Common Council and approval by the Mayor.
,~M
Member, South Bend Comm Council
Attest:
' C1 rk
Presented by me to the Mayor of the City of South Bend, Indiana on the ~~~ day of
~ ~+~ , 2 Oo , at 2-~~a~ o'clock ~. m.
~~ City 1 rk
tL
Approved and signed by me on the Z9 day of ~~- , 2 ~ at q o'clock
~ m.
Mayor, City of th Bend, Indiana
1st READfNG ~-13-0,
PUBLIC HEARWG(~.,Z,1_45
3 rd READ4NG ~ _ Ll _q s'"
~10T APPROVED
6:E~~ rtED
PASSED ~ ^L'~ -~~
Filed in Cterk's Office
JC~wt; YA^`3t`r
CITY Cl.r?.,. ° ' ~ :?dp, iN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
32-05 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2,
SECTIONS 16-6 AND 16-8 OF THE SOUTH BEND MUNICIPAL
CODE TO PROVIDE FOR LEASE OF REFUSE CONTAINERS
FROM THE CITY, ADJUSTMENTS TO RATES, AND
PROCEDURES FOR USE OF REFUSE CONTAINERS
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Roland Kelly
Chairman
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GA1tY A. GILOT, P.E.
June 3, 2005 DIRECTOR of PuBLlc Woxxs
Mrs. Charlotte D. Pfeifer
President
South Bend Common Council
In Re: Ordinance to Amend the South Bend Municipal Code Chapter 16,
Article 2, Sections 16--6 and 16-8: To Provide for Refuse Containers and
Procedures for Use
Dear President Pfeifer:
The attached ordinance is offered for Council consideration. It deals with
amendments to Chapter 16 of the Municipal Code, specifically Solid Waste fees and rules
regarding containers. These amendments are prompted by the distribution of Solid Waste
containers to each residential unit as approved by the Council during 2005 budget
discussions.
We are not asking, at this time, for a change in the base rate of $8.00 dollars per
month for regular customers and $5.50 for senior customers. However, we are asking the
Council to approve a fee of $5.00 per month for each extra container provided to a
customer. This will cause a slight adjustment in the rates of two, three, and four unit
dwellings. We are also asking the Council to approve a onetime "new start" fee of
$10.00 for new customers beginning with the enactment of this ordinance. These new
fees will help to defer the cost of the containers and rebuild reserves.
The biggest change is that the ordinance requires all trash to be placed in a
container provided by the City. This should encourage recycling and reduce litter.
With these ordinance adjustments, we will be able to offer improved handicapped
service, facilitate special pickup schedules and provide resources for peak yard waste
times. All this will be provided with no general rate increase, and at half the price of our
private competitors serving the unincorporated areas. South Bend Municipal Solid Waste
Services are a good deal and getting better.
I will make the formal presentations and am available anytime if you ham
questions.
Sincerely,
hn J. lion
~!@~ th ~3~rk'~ office
~ ~4G~•"9 VQ~JRiE
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS WATER WORKS
v
CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI SAM HENSLEY O
JOHN E STANCATI `
574/235-9251 574/277-8515 574/235-9316 574/235-9244 574/235-9322 `
FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 574/235-9272 FAx 574/235-9728