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HomeMy WebLinkAbout8436-93 Amending Various Sections Throught Chapter 16 Refuse ORDINANCE No. 8436-93 Passed by the Common Council of the City of South Bend, Indiana_ November 29, Ig 93 Attest: City Clerk IRENE K. GAMMON Attest: �� . �. _ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 30, z9 93 City Clerk IRENE K. GAMMON Approved and signed by me >a// 19 93 (Y-4/44.- Mayor ORDINANCE NO. 8436-93 SUBSTITUTE ORDINANCE NO. 96-93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS THROUGHOUT CHAPTER 16 OF THE MUNICIPAL CODE ENTITLED "REFUSE" STATEMENT OF PURPOSE AND INTENT The purpose of this Ordinance is to address the serious environmental problems regarding the disposal of solid waste. Indiana Public Law 10-1990 and the District Solid Waste Management Plan mandate the reduction of solid waste that is landfilled or incinerated by thirty-five percent (35%) before January 1, 1996, and by fifty percent (50%) before January 1, 2001 . To achieve these goals, the City of South Bend must take more control over the waste stream emanating from the City and must mandate recycling of certain wastes . An additional goal of this Ordinance is to assure that each occupied residence within the City is provided with solid waste collection services . The City currently collects solid waste from approximately 75% of the residences in South Bend. The remainder of the occupants either utilize private solid waste contractors or dispose of their refuse themselves, often by dumping it on vacant lots or other unauthorized dumping areas . This creates health and environmental problems, and the cost of removing and disposing of this refuse falls on the taxpayer. Another goal of this Ordinance is to provide solid waste collection and disposal services to the citizens of South Bend at the lowest possible cost . By assuming exclusive control over the residential solid waste stream, the City will benefit from economies of scale in its collection and disposal activities, which in conjunction with a modest fee increase, will enable the City to bring into a positive cash flow a program that is currently operating at a loss . To achieve the purposes set out above, this Ordinance provides that the City will assume exclusive control of all residential refuse produced by single to four-family dwellings within the City. This Ordinance prohibits the collection of residential refuse by private companies, unless they are under contract with the City, and provides penalties for violation of such provision. This Ordinance sets monthly fees for residential refuse collection and disposal for all occupied residences within the City. This Ordinance prohibits the landfilling of any yard waste emanating from the City, and requires that such yard waste be disposed of at the City' s Organic Resource Facility, unless it is otherwise recycled in a manner approved by the Director of the Department of Public Works . This Ordinance initially sets the tipping rates and charges for the purchase of recycled products from the Organic Resource Facility, but permits future adjustments to those rates by the Board of Works based upon the cost of processing, production and operation of the facility. Finally, this Ordinance changes several requirements regarding refuse containers and makes other minor structure and content changes . CHAPTER 16 REFUSE ARTICLE 1 . ADMINISTRATION OF CHAPTER § 16-1 . Definitions . § 16-2 . Board of Public Works : Rules and regulations . • insurance by competitive- proposals; procceluTe . § 16-3 . Board of Public Works : Purchase of equipment; personnel; landfill areas, recycling and resource recovery facilities . § 16-4 . Administration of chapter. ARTICLE 2 . COLLECTION AND DISPOSAL § 1G 5 . Collection and disposal systcm; supervision. § 16-5 . General Requirements; Supervision. § 1G G . Garbage and trash collections : City foes, manner of collection; private party responsibility. § 16-6 . Collection of Residential Refuse; Exceptions; Fees . § 16-7 . Collection of refuse: Residential, cCommercial and industrial . § 1G 8 . Containers required; specifications . § 16-8 . Residential Refuse Containers Required; Separation of Yard Waste . § 16-9 . Garbage and trash to be collected in containers only. § 16-10 . Garbage required to be wrapped. § 16-11 . Time and place for collection of garbage and trash. § 16-12 . Placement of garbage and trash for collection. § 16-12 . 1 .Unauthorized Collection of Residential Refuse; Penalties . ARTICLE 3. LITTERING § 16-13 . Throwing of litter. § 16-14 . Litter in public places. § 16-15 . Placement of litter in receptacles . § 16-16 . Sweeping litter into public places . § 16-17 . Litter from vehicles . § 16-18 . Litter on vacant lots . • § 16-21 . Depositing commercial and noncommercial handbills on uninhabited or vacant premises . § 16-22 . Exemption for mail and newspapers . § 16-23 . Posting notices . § 16-24 . Litter on occupied private property. § 16-25 . Owner to maintain premises free of litter. § 16-26 . Keeping bodies of water free from litter. ARTICLE 4 . RESERVED §§ 1G 27 1G . 36. Reserved. ARTICLE 4 . ORGANIC RESOURCE FACILITY § 16-27 . Policy regarding disposal of yard waste. § 16-28 . Separation of Yard Waste from trash and garbage; Tree limbs . § 16-29 . Tipping charges; Purchase of recycled yard waste products; Exemptions . §§ 16-30 -- 16-36. Reserved. ARTICLE 5 . REFUSE REGULATIONS § 16-37 . Dumping restricted to landfill areas; fee. § 16-38 . Dumping refuse on private and public areas or into streams . § 16-39 . Obnoxious materials in sealed containers; combustible materials to be segregated. ARTICLE 6. DISPOSAL SITES AND SANITARY LANDFILLS § 16-40 . Uncontrolled dumping deemed nuisance; inspection upon complaint . § 16-41 . Refuse combined with salvageable materials; burning of refuse. § 16-42 . Refuse disposal site; permit required. § 1G 43 . Permit application; content; i-ssuance. § 16 44 . Prerequisites to permit issuance. §§ 16-43 -- 16-44 . Reserved. § 16-45 . Permit fee; exception. § 16-46 . Permit renewal; fee. § 16-47 . Inspections; second inspections; reports; access to property and records . • § 16-50 . Garbage grinding requirements . § 16-51 . Refuse disposal by other approved methods . ARTICLE 7 . SANITATION FUND § 16-52 . Receipts and disbursements . ARTICLE 8 . NUISANCES; PENALTY § 16-53 . Conditions constituting public nuisances . § 16-54 . Citations . § 16-55 . Notice prior to abatement by City. § 16-56 . Failure to comply with notice to abate. § 16-57 . Abatement by City. § 16-58 . Duties of owners or persons in control of vacant lots . § 16-59 . Removal of vegetation. § 16-60 . Storage of building materials . § 16-61 . Penalties . CHAPTER 16 REFUSE ARTICLE 1 . ADMINISTRATION OF CHAPTER Sec. 16-1 . Definitions. (a) As used in this chapter: (1) Dirt means natural soil, earth and stone; (2) Garbage means putrescible animal solid, end vegetable solid and semi-solid wastes resulting from the handling, preparation, cooking and consumption of food, excluding human excreta; -(3-} Garden refuse shall mean leaves, weeds, grass cuttings, vines, shrubbery, brush and limb trimmings; (4) (3) Groundwater means any supply of water beneath the undisturbed surface of the earth in any natural geological formation; (5) (4) Incineration means a process of reducing combustible wastes to inert residue by high temperature burning; (G) (5) Litter means garbage, refuse and trash, and all (7) (6) Person means cities, villages, townships, counties and other governmental agencies, corporations, companies and both municipal and private associations, partnerships, individuals and authorities; (7) Residential Refuse means refuse generated by or emanating from single family dwellings and/or multifamily dwellings containing a maximum of four (4) separate living or apartment units per dwelling; provided, however, that this term shall not include refuse generated by a multifamily dwelling that is physically a part of a larger commercial apartment complex; (8) Refuse means garbage, trash, yard waste or any combination thereof; (9) Trash means nonputrescible solid waste consisting of both combustible and noncombustible waste such as paper, cardboard, tin cans, yard clippings, wood, glass, ashes, bedding, crockery, metal and similar materials, but excluding dirt, stones, plaster, concrete, building materials, dangerous materials such as poisons, acids, caustic or infected materials and animal offal; (10) Sanitary landfill means a controlled method of refuse disposal providing compaction and covering daily of the refuse; (11) Surface water means any body of water whose top surface is exposed to daylight including flowing bodies as well as ponds and lakes—L (12) Yard waste means leaves, grass or shrubbery cuttings, tree limbs of a diameter of less than six (6) inches, and other organic refuse arising from the care of lawns and yards . Sec. 16-2. Board of Public Works: Rules and regulations. (a) The Board of Public Works shall promulgate such rules and regulations as may be necessary to carry into of ect effectuate the operation and intent of this chapter. (b) The Board shall promulgate such rules and regulations as may be necessary to carry into effect effectuate the operation and intent of the powers and duties mandated by State law. (a) The Board of Public Works shall have the authority to- chapter. (3) years . Common Council' s Committee on Administration and Finance. Specifications shall be filed with the Clerk to the Board. office, and calling for proposals for such coverage by a day not publications . (e) The Board shall require cach biddcr to file with such Board an affidavit that such bidder has not directly or indirectly entered into any combination, collusion, undertaking or agreement with any other bidder or other per-son with refs-once to such bidding, in any way or manner whatever. (f) Upon proper money appropriation by ordinance, the Board shall, if a satisfactory proposal is received, let such contract to the lowest or best bidders . Sec. 16-3. Board of Public Works: Purchase of equipment; personnel; landfill areas, recycling and resource recovery facilities. (a) The Board of Public Works shall have the authority to purchase such equipment and employ such personnel as may be necessary to carry out the provisions and intent of this chapter. (b) The Board may lease, build, contract for, rent or purchase the necessary land and facilities to be used as landfill areas, and recycling or resource recovery facilities . Sec. 16-4. Administration of chapter. The City Engineer Director of the Department of Public Works shall be responsible for the administration and carrying into effect of this chapter, except for certain duties delegated by this chapter to other such persons, as set forth in this chapter. ARTICLE 2 . COLLECTION AND DISPOSAL -- . _ . The collection of garbage and trash and a proper system of disposal of the same may be undertaken by the City and by any other person, organization or corporation subject chapter and under the supervision of the Department of Public Works . Sec. 16-5. General Requirements; Supervision. The collection and/or disposal of refuse within the boundaries of the Civil City of South Bend shall be governed by this chapter and by rules promulgated by the Board of Public Works to effectuate the operation and intent of this chapter. The Department of Public Works shall supervise and monitor such collection and disposal activities to assure that the requirements of this chapter and the rules of the Board of Public Works are followed. -- ' - • provide for the collection and disposal of trash and garbage from his premises at least once a week. (b) The City shall not collect and dispose of garbage or trash from any residential unit unless said collection and 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. containers and bags : Eleven dollars and fifty cents ($11 .50) Fifteen Dollars ($15 . 00) per month. (6) The City shall provide or contract with others to provide specialty collection services, which allow for collection of residential refuse from areas other than curbside or alleyside . Specialty collection service shall be subject to a monthly charge of Fifteen dollars ($15 . 00) for a single-family dwelling; provided, however, that where specialized services are provided to residences where the head of the household is disabled or sixty-five (65) years of age or older, and where financial hardship can be demonstrated pursuant to rules and standards adopted by the Board of Public Works, the monthly fee for such service shall be Seven dollars and fifty cents ($7 .50) . (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 . (6) (8) Pickup of appliances, furniture and other miscellaneous items : Appliances, furniture and other miscellaneous items will be picked up as a part of the regularly city solid wastc customer, provided that no special equipment is - : ' - - - . _ _ ' - -- - which, in the opinion of the manager of the Bureau of Solid Waste, require special equipment or special scheduling, or pick up requested by subject to the following charges : Eight dollars and fifty cents ($8 .50) minimum for one itcm and three dollars and fifty cents ($3 .50) for each additional item to be picked up. When the extra items to be pickcd up arc items such as brush, construction or demolition debris or items other than appliances and furniture, customer with an estimated removal cost . This total cost shall replace the per item cost listed previously. 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 1/2 cubic yard of construction or 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 percent (20%) of the fees for City residents set out above. sanitation vehicles clean, orderly and passable at all times . Sec. 16-7. Collection of refuse: Residential, eCommercial and industrial. (a) The City and any other person, organization or corporation, properly licensed under this chapter, may collect and dispose of all garbage and trash from residential units . Garbage and trash shall be placcd in containers and receptacles as sot forth in this article. (b) (a) The collection of garbage and trash refuse and a proper system [of disposal] 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. (c) (b) It is the responsibility of every owner, tenant or lessee to provide a proper system of 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. (d) (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 the City may engage in such collection activities . (a) Each owner, occupant or lessee of any building, house or provide containers for garbage and trash of not less than ten (10) gallons capacity, nor more than thirty two (32) gallons- capacity. (b) The Department of Public Works may allow the use of (c) Such containers shall be of a metal or durable plastic sufficiently strong for workmen to conveniently empty. Larger containers up to a maximum capacity of fifty five (55) gallons may be used for the deposit of trash only. No container shall, with contents, weigh more than seventy five (75) pounds . Sturdy leaves and other like matter. (d) Containers containing garbage shall be kept covered at all times . All trash containcrs should be sufficient to prevent the blowing, scattering or spreading of trash. The Department of Public Works shall be the final judge of the sufficiency of such containers . Sec. 16-8. Residential Refuse Containers Required; Separation of Yard Waste. (a) Each owner, occupant or lessee of any single or contents, more than seventy-five (75) pounds . (b) Refuse containers up to a maximum capacity of fifty-five (55) gallons may be used as receptacles for refuse that is bagged in sturdy plastic bags . City collectors will remove bagged refuse from such containers, but will not lift such containers to empty them. Unbagged refuse in such containers will not be removed by the City. Such refuse is the responsibility of the owner or occupant, and may constitute a nuisance. (c) The Department of Public Works may allow the use of special containers for residential refuse where mechanical means are used for emptying such refuse into the truck. (d) 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 six (6) inches shall be bundled together in lengths of forty-eight (48) inches or less . 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 wastes 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. (e) Containers containing garbage shall be kept covered at all times . Containers containing trash and yard waste shall be sufficient to prevent the blowing, scattering or spreading of such trash and yard waste. The Department of Public Works shall be the final judge of the sufficiency of such containers . Sec. 16-9. Garbage and trash to be collected in containers only. Collections by the City shall be made only of garbage and trash residential refuse that is contained in 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 or trash from the ground, except as provided in section 1G 5G16 57 . Sec. 16-10. Garbage required to be wrapped. (a) All accumulations of garbage which shall be placed in containers shall be securely wrapped to prevent its exposure to the air. (b) All trash containing any garbage particles must be placed in containers with tight-fitting lids or covers . Sec. 16-11 . Time and place for collection of garbage and trash. (a) Garbage and trash Residential refuse shall be collected at least once a week. (b) The Department of Public Works shall establish all routes for City collection throughout the City. hauler, 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, such containers shall be placed within five (5) 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 those areas where, in the opinion of the Department of Public Works, collection by alley is not practical or feasible, or in those areas where no alleys exist at all, the containers shall be placed for collection in compliance with the rules and regulations that shall be adopted by the Department of Public Works . (c) Nothing in this section shall be construed so as to prevent a private trash haulcr from contracting with any residential unit for other than curbside or alley pickup so long as such pickup does not constitute a public nuisance in any respect . (c) In those areas where alley collection is not available and refuse containers are allowed to be placed 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. Sec. 16-12. 1 Unauthorized Collection of Residential Refuse; Penalties. Except as provided in Section 16-6 (b) above, it shall be unlawful for any person not employed by the City or under contract with the City for such purpose to take, collect or transport residential refuse from any premises for the purpose of hauling, dumping or disposing of the same . Any person violating this provision shall be fined an amount not to exceed two thousand five hundred dollars ($2, 500 . 00) for each offense. Each violation shall constitute a separate offense and be punishable as such. ARTICLE 3. LITTERING Sec. 16-13. Throwing of litter. No person shall throw or cause to be thrown litter or any dangerous or offensive substance at a any car, vehicle, house, buildings et- fence, yard, street or sidewalk. Sec. 16-14 . Litter in public places. (a) No person shall throw, place, deposit or cause to be thrown, placed or deposited, litter or any dangerous or offensive substances in or upon any public place except in a public receptacle or in an authorized private receptacle for private collection. A person placing litter in public receptacles or in private receptacles shall do so in a manner so as to prevent it from being blown, carried or deposited by the elements upon public places or private property. Sec. 16-16. Sweeping litter into public places. (a) No person shall sweep, cast, throw or deposit or cause to be swept, cast, thrown, or deposited in any public place the accumulation of litter from a building or lot or from a public or private sidewalk or driveway, except as permitted by this Article Chapter. (b) All persons owning or occupying property shall keep the sidewalk in front of their premises and the alleyway, if any, behind their premises free from litter. (c) Nothing in this Article Chapter shall be construed to prohibit the deposit of leaves in a neat and careful manner in the gutter tree lawn of any street in the Autumn during a period designated by the Board of Public Works and Safety or their designee . Leaves so placed shall not be piled to a depth of more than eighteen (18) inches and no other materials shall be placed in or near such leaves . Sec. 16-17. Litter from vehicles. (a) No person shall throw or deposit litter upon a public or private place from a vehicle. (b) No person shall drive or move a truck or other vehicle unless the vehicle is to constructed, loaded, or covered as to prevent any load or contents of litter from being blown or deposited upon any public or private place. (c) No person shall drive or move any vehicle or truck within the City, the wheels or tires of which carry on to or deposit in any street, alley or other public or private place mud, dirt, sticky substance or foreign matter of any kind. Sec. 16-18. Litter on vacant lots. No person shall throw, place, deposit or permit to be thrown, placed or deposited, upon any public or private lot, litter of any description. Sec. 16-19. Throwing or distributing commercial handbills in public places. (a) No person shall throw or deposit a commercial or noncommercial handbill in or upon a sidewalk, street, or other public place. (b) No person shall hand out or distribute or sell a commercial handbill in a public place. (c) This Section shall not apply to the distribution in any public place, without charge to the receiver thereof, a noncommercial handbill to any person willing to accept it . Sec. 16-20. Placing commercial and noncommercial handbills on vehicles. (a) No person shall throw or deposit commercial and Sec. 16-21. Depositing commercial and noncommercial handbills on uninhabited or vacant premises. (a) No person shall throw or deposit a commercial or noncommercial handbill in or upon a private premises which is temporarily or continuously uninhabited or vacant, except by handing or transmitting such handbill directly to the owner, occupant or other person then present in or upon such private premises . (b) In case of inhabited private premises which are not posted, the distributor, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit a handbill in or upon such inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about such premises or sidewalks, streets or other public places . (c) Mailboxes may not be used when prohibited by Federal postal law or regulations. Sec. 16-22. Exemption for mail and newspapers. The provisions of section 16-21 shall not apply to the distribution of mail by the United States, nor to newspapers . Sec. 16-23. Posting notices. No person shall post or affix a notice, poster or other paper or device, calculated to attract the attention of the public, to a lamp post, public utility pole or shade tree or upon any public or private structure or building, except as may be authorized by the owners thereof or required by law. Sec. 16-24 . Litter on occupied private property. (a) No person shall throw, deposit or store litter on any occupied private property, whether owned by such person or not . (b) The owner or person in control of private property may maintain private receptacles for collection and removal of litter in such a manner that the receptacles shall not be unsightly and detrimental to the surrounding neighbors . Sec. 16-25. Owner to maintain premises free of litter. (a) The owner or person in control of private property shall maintain the premises free of litter at all times . (b) This section shall not prohibit the storage of litter in private receptacles for collection. Sec. 16-26. Keeping bodies of water free from litter. Any property owner and occupant thereof abutting bodies of water, to the extent of his ownership or occupancy, shall keep the banks and stream beds and bodies of water free of litter, refuse and rubbish, regardless of the source of the litter. ARTICLE 4 . RESERVED Secs. 1G 27 16.3G. Reserved. It is hereby stated as the policy and the law of the City of South Bend that all yard waste as defined herein generated by or emanating from the City, whether from residential, commercial, industrial, institutional or governmental sources, shall not be landfilled. Such yard waste, whether collected by the City, commercial lawn services, tree services or private carriers, shall be disposed of at the City' s Organic Resource Facility for recycling; provided, however, that nothing herein shall prevent any individual or company from otherwise recycling yard waste in a manner approved by the Director of the Department of Public Works . Sec. 16-28. Separation of Yard Waste from trash and garbage; Tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co-mingled with trash and garbage. Yard waste may be delivered to the Organic Resource Facility in plastic or paper bags or in a loose condition; provided, however, that all brush and tree limbs shall be segregated from the remainder of the yard waste, shall be cut in lengths not to exceed forty-eight (48) inches and bundled. The Organic Resource Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps . These items may be disposed of by landfill or in any other lawful manner. Sec. 16-29. Tipping charges; Purchase of recycled yard waste products; Exemptions. (a) Tipping charges for disposal of yard waste at the Organic Resource facility are set at three dollars and sixty-five cents ($3 . 65) per cubic yard. (b) Compost, wood chips and other recycled yard waste products may be purchased from the Organic Resource Facility for two dollars ($2 . 00) per cubic yard for quantities exceeding one (1) cubic yard. Recycled yard waste products of a quantity of one (1) cubic yard or less may be obtained from the Organic Resource Facility at no charge. (c) The Board of Public Works, pursuant to the powers granted by IC 36-9-30, may from time to time adjust and change the tipping charges at the Organic Resource Facility and the charges for the purchase of recycled yard waste products set out above . Such changes and adjustments may be made only after a public hearing and shall be based upon the actual cost of processing the yard waste, producing the recycled product and operating the Organic Resource Facility, including the establishment of a reasonable reserve for capital improvements . (d) The following programs and departments of the City shall be exempt from payment of the tipping charges set out above: Operation Releaf Solid Waste/Yard Waste Program Park Department . (e) All City departments and programs shall be exempt from the payment of charges for recycled yard waste products . Secs. 16-30 -- 16-36. Reserved. or trash of any type, kind or nature, except in such areas as arc have been designated by the Board of Public Works all required federal, state and local agencies as landfill areas, or upon such terms and regulations as may be provided for in this chapter_ e-r which may be enacted by the Board of Public Works . (b) Subject to the restrictions set forth in Sec . 16-6, aA licensed hauler or any other person may dump or dispose of any garbage, garden refuse, refuse or trash of any kind, type of or nature in those areas designated by the Board of Public Works all required federal, state and local agencies as landfill areas except that yard waste shall be disposed of as provided in Article 4, above . Such person dumping in such landfill areas may be charged a fec to be determined by the Board of Public Works or other governmental agency. Sec. 16-38. Dumping refuse on private and public areas or into streams. (a) Except as provided in this chapter, no person shall dump dirt, garbage, yard waste, refuse or trash of any type, kind or nature on any private or public areas or into any streams running through or adjacent to the City. This prohibition shall not apply to transfer stations operated as a part of the City' s system of refuse collection and disposal . (b) This prohibition shall not apply to any materials both produced by an industrial process and dumped or stored in a safe, sanitary and unoffensive manner by such person on property owned or operated by 1 -4m such person for further processing or use; and provided further that this prohibition shall not apply to the temporary dumping of topsoil or mulch upon property, dumping resulting from excavations, and dumping resulting from landscaping all as a part of the construction process . Sec. 16-39. Obnoxious materials in sealed containers; combustible materials to be segregated. (a) All odoriferous, unwholesome or obnoxious materials, things and objects, while located on the property of any person, shall be kept tightly and securely sealed within a container. (b) All materials, things or objects which are combustible shall be segregated and kept in a covered container. ARTICLE 6. DISPOSAL SITES AND SANITARY LANDFILLS Sec. 16-40. Uncontrolled dumping deemed nuisance; inspection upon complaint. (a) The uncontrolled dumping of dirt, garbage, garden refuse yard waste, refuse or trash of any type, kind or nature on any private or public area or into any streams running through or adjacent to the City is declared a nuisance hazardous to the health and well-being of the residents of the City. (b) Upon a complaint being filed with the Environmental _ = ' - of the City City' s Department of Code Enforcement, - a Code Enforcement Officer shall inspect any land or stream where alleged uncontrolled dumping has taken place. Sec. 16-41 . Refuse combined with salvageable materials; burning of refuse. (a) Businesses or persons who receive or obtain refuse in combination with materials to be salvaged shall comply with the provisions of this chapter, except that refuse not containing garbage may be separated from salvageable material; provided, that the refuse must be removed to an approved refuse disposal site within twenty-four (24) hours after its receipt . (b) Burning of refuse to free salvageable materials shall not be permitted except in an incinerator and on a site approved by the Health Officer end the Board of Public Works and all required federal, state and local agencies . Special burning in open areas may be arrart-gcd at the discrction of the Health Officer and the Board of Public Works and Safety. Sec. 16-42. Refuse disposal a to operation; permit required. County Health Department shall not accept refuse for disposal or operate a refuse disposal site for any purpose. No person shall operate a refuse disposal operation within the City without the approval of all required federal, state and local agencies and a permit issued by the Board of Public Works . (a) Every person desiring to accept-refuse or operate a refuse disposal site for any purpose shall make written application to the County Health Department on forms provided by that office . (b) Information necessary shall include, in writing: (1) the name and address of the applicant; (2) a description of the disposal area; (3) location of the site; (4) Description of equipment to be used; (5) A description of the method of disposal to be employed; and (G) Such other-pertinent information as may be required by the Health Officer. (c) Upon approval of such application, the County Health Department shall issue a permit to the applicant . The County Health Department shall issue permits- to applicants, provided that such permits arc limitcd to per one Board of Public Works and Safety and the Board of Zoning Appeals and have equipment and personnel to disposc-e-f-rese in accordance with the provisions of this Chapter. The Board of Zoning Appeals shall refer all requests to the Area Plan Commission for their study and recommendation. Secs. 16-43 -- 16-44. Reserved. (b) All others shall pay a e permit fee of One Hundred Dollars ($100 . 00) Five Hundred Dollars ($500 . 00) to the City upon permit approval by the Health Officer Board of Public Works . Sec. 16-46. Permit renewal; fee. (a) A permit issued under this Article shall expire on December 31 of each year. Permits shall be issued annually in the same manner as provided for under S et—en 1G 12 . (b) The annual e permit renewal fee shall be Fifty Dollars ($50 . 00) Two Hundred Dollars ($200 . 00) . Sec. 16-47. Inspections; second inspections; reports; access to property and records. (a) At least once each month, the Health Officer shall inspect each refuse disposal site. In case the Health Officer discovers a violation of any item of sanitation pertinent to the provisions of the Chapter, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied. The second inspection shall be used in determining compliance with the terms of this Chapter. Any violation - - - remaining on the second inspection shall be cause for suspension or revocation of the permit . (b) One (1) copy of the Health Officer' s inspection report, on which violations of any item of sanitation pertinent to the provisions of this Chapter are inscribed, shall be left at the refuse disposal site by the Health Officer. Another copy of the inspection report shall be filed by the Health Officer with the records of the Health Department and a third copy filed with the Board of Public Works . (c) The person operating the disposal site shall, upon request of the Health Officer, permit access to all parts of the grounds by such Health Officer and permit him to copy any and all records pertaining to the sources of refuse transported thereto for disposal . Sec. 16-48. Sanitary landfill operation requirements. (a) When the permit application for accepting refuse or operating a refuse disposal system as required under Section 1G 43 is for a sanitary landfill system, a topographic map of the proposed disposal site and surrounding area within eight hundred (800) feet of the site as prepared by an engineer registered in the State, at a scale of not over one hundred (100) feet to the inch with two (2) foot contour intervals, shall be submitted with the initial application and for any major proposed changes in the operation. The map shall also include fencing, drainage provisions, adjacent property and road grades and final grade of the area. Where necessary to facilitate a proper evaluation of the proposed operation, the topographic map shall be supplemented by detailed plans and specifications and engineering studies . The map and supplementary documents described herein shall be subject to review and approval by the State Board of Health and all required federal, state and local agencies . (b) The area selected for the disposal of refuse shall be controlled by established hours of operation, and have an adequate perimeter fence on all exposed sides . Entrance gates shall be locked to prevent entrance of unauthorized personnel (d) Suitable sanitary facilities shall be provided for employees where operations continue for four (4) hour periods or longer per day. (e) All material delivered to the site shall be compacted and covered with six (6) inches of earth at the close of each working day. Final cover when establishing grade shall consist of at least two (2) feet of compacted earth. The earth cover material shall be inert and relatively free of organic matter, tree roots, branches, stone more than six (6) inches in diameter, bulky building materials and have a low clay content . (f) The face of the working fill shall be kept as narrow as possible and protection shall be afforded to control blowing papers and other debris . (g) Fills exceeding a six (6) foot lift shall require special approval from the Health Officer. (h) The location and operation of any refuse disposal site shall be in such a manner as not to contribute to the pollution of surface or underground waters groundwater where such pollution is deemed by the Health Officer as a hazard to the public health. (i) The finished area shall be sloped to provide drainage and seeded to prevent erosion. Such area surface shall be maintained for a period of two (2) years after being completed to correct any erosion or settling that may develop. (j) In operations where dust on the site and approaches thereto becomes a nuisance to adjacent property owners, the Health Officer shall require that dust control measures be provided. (k) A set-back line of at least thirty-five (35) feet from any surface or underground drainage ways shall be established for each disposal site . Land-fill disposal operations shall be located at least two hundred (200) feet from any private water supply and the location of any land-fill within eight hundred (800) feet of a public water supply is prohibited unless otherwise approved by the Health Department and appropriate Plan Commission or Board of Zoning Appeals . Sanitary land-fills shall not be established within three hundred (300) feet of any industrial or commercial building nor within six hundred (600) feet of any dwelling place except upon special permission and review of the County Health Department, appropriate Plan Commission or Board of Zoning Appeals . (1) Access road shall be designated and maintained so that traffic to the disposal site will flow smoothly and will not be interrupted by ordinary inclement weather. (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 land-fill . This Section in no way precludes the right of a land-fill operator to prevent scavenging as a part of his operational standards . (n) Emergency equipment shall be available on the site or suitable arrangements made for such equipment from other sources during equipment breakdowns or during peak loads . • (p) If in the opinion of the Health Officer, an insect or rodent problem exists, he may require that the operator institute a baiting or insecticide spraying program. (q) Dangerous material such as poisons, acids, caustics and explosives shall not be deposited on the grounds without special permissions of the Health Officer unless permitted by required federal, state and local agencies and regulations . Other materials may be excluded by the land-fill operator. Sec. 16-49. Incineration regulations; registration; permit; fee; emissions. (a) The operation and site of any incinerator exceeding a capacity of eight hundred (800) pounds per hour shall be approved subject to approval by the Health Department, Board of Public Works and Safety and the Board of Zoning Appeals and all required federal, state and local agencies . The Board of Zoning Appeals shall refer all requests to the Area Plan Commission for study and recommendation. (b) Plans and specifications for any incinerator exceeding a capacity of eight hundred (800) pounds per hour shall be prepared by an engineer registered in the State. The plans and specifications shall be approved by the State Board of Health ftnd the Health Department and all required federal, state and local agencies . (c) A permit and license shall be required to operate an incinerator which exceeds a capacity of eight hundred (800) pounds per hour. The permit fee shall be One Hundred Dollars ($100 . 00) Five Hundred Dollars ($500 . 00) . The annual license fee shall be Five Dollars ($5 . 00) Fifty Dollars ($50 . 00) per one hundred (100) pounds per hour capacity of the incinerator. (d) No person owning or in charge of a fuel burning, combustion or process equipment or device, or portable boilerr open firc used for the purpose of refuse disposal shall cause, suffer or allow the emission or discharge of smoke or particulate matter from any single c into the atmosphere in such quantities as to constitute a violation of federal, state and local law or, in the discretion of the Health Officer, would contribute to a public nuisance or hazard to the public health. Sec. 16-50. Garbage grinding requirements. (a) Nothing contained in this chapter shall be construed to prevent the disposal of residential and commercial garbage of private or municipal by garbage grinders; provided, that provided that the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0 .76 hp metric) or greater shall be subject to review and approval by the Board of Public Works as provided by Sec. 17- 8 (c) (2) of this Code. The disposal of ground garbage shall comply with the provisions of Chapters 16 and 17 of the Municipal Code. (b) The operation and site of any garbage grinder with a capacity of eight hundred (800) pounds per hour shall be approved by the Health Department, Board of Public Works and the Board of requests to the Area Plan Commission for study and recommendation. (b) Where only inert refuse is disposed of by a firm or individual on his own property, the IIealth Officer may issue a Such disposal shall be performed in such a manner as not to create a nuisance or hazard to the public health. ARTICLE 7 . SANITATION FUND Sec. 16-52 . Receipts and disbursements. (a) The administration of this chapter and the operation of the City trash and garbage pickup shall be financed by an appropriation or transfer to an appropriately designated fund classification. (b) All revenues derived from the collection of rates fees and charges for trash and garbage pickup shall become and be a part of the trash and garbage maintenance and general expense fund and shall be deposited, held and used as a revolving fund for the payment of necessary expenses incurred for, but not limited to, billing and collection of fees, purchase of equipment and maintenance of equipment . (c) The waterworks of the City of South Bend shall bill fees and charges for the trash and garbage pickup and shall collect such fees and charges and deposit such moneys to the revolving fund provided for in subsection (b) of this section. (d) The waterworks shall be compensated for their efforts in the billing and collection of fees . (e) The Department of Public Works shall present to the Common Council of the City of South Bend an annual budget before November 1st of each year. The budget shall be received and approved by the Common Council before November 30th of each year. ARTICLE 8 . NUISANCES; PENALTY Sec. 16-53. Conditions constituting public nuisances. (a) In addition to what is declared in this article and Code to be a public nuisance, those offenses which are known to the common law and the Statutes of Indiana as public nuisances may, when found to exist within the City limits, be treated as such and be proceeded against as provided in this article and Code, or in accordance with any other provisions of law. Wherever the word "nuisance" is used in this article it refers to a public nuisance. (b) No owner, occupant, tenant, or any other person having a substantial interest in any real or personal property within the City, or any agent thereof, shall permit or allow to remain on or within such property or upon public ways abutting such real property any materials, trash, garbage, debris or any other matter which is detrimental to public health, comfort, safety or to the aesthetic well—being of the community. (c) The following conditions shall be considered to constitute public nuisances for the purpose of this chapter: (1) Litter. (4) Boxes, appliances, furniture, household items and tires . (5) Demolition remains . (6) Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the City. (7) Accumulated garbage and trash. (8) Automobile parts, disassembled automobiles, automobiles without engines, plumbing and piping materials and parts and scrap metal . (9) Structures defaced with paint or wording. (10) Any portion of real property which emits an unwholesome odor. (11) Any waste water, filth, offal, garbage, rubbish, animal waste, human excrement, which is deposited, allowed or caused to be upon any public or private property. (12) Any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage. (13) Any dead domestic or wild animal . (14) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect in pool upon any public property. (15) Any real or personal property which is infected with contagious disease and is likely to cause an immediate health hazard. (16) The placing or accumulating on or within any real or personal property or the permitting of same, of any matter which attracts or may attract rodents, insects, domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition. (17) Any real or personal property, used as a place of residence or habitation or for sleeping, that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, electricity, plumbing, ventilation or garbage and trash removal . (18) The storage of any explosive, combustible or other material which creates a safety or health hazard. (19) Trees, shrubbery, weeds, snow or other matter obstructing public ways, or causing visual barriers which create vehicular traffic or pedestrian safety hazards . (20) Trash or garbage containers left upon the sidewalk, the area between a street and sidewalk or the front or side yard, except as permitted by this Code for trash and garbage collection purposes . (21) Building materials stored on any lot in violation of Sec. 16-60, below. compliance and have not done so, the Board of Public Works or its designee may request that a Neighborhood Code Enforcement officer issue a city ordinance violation citation to the record owner of the property or to the person shown to have right of exclusive possession of the property. Such citation shall impose a twenty five dollar ($25 . 00) fine in conformance with Sec. 16-61, below. Each subsequent day of violation shall be considered a separate violation for which a citation may be issued. 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 his agent,- and to any tenant or occupant and to any other party known to have a substantial interest in of the property upon which the nuisance exists . Notice to the record owner may be mailed to 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. Notice to any other his agent . Sec. 16-56. Failure to comply with notice to abate. Failure, neglect, or refusal by the record owner or his agent,- or the tenant or occupant, or any other party known to have a substantial interest in the property, to comply with the terms of the notice given pursuant to section 1G 54 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 1G 54 16-55 shall constitute a violation of following notice shall constitute a separate offense under this article separate offense under this Article. Sec. 16-57. Abatement by City. Upon the failure, neglect or refusal of any party to whom notice to abate a nuisance has been given under section 1G 54 16- 55 or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety and all persens known to have a substantial _ ' . - - . - . - = - . 4 - 4444 4 = ' - 4 - - _ 44- 4 compliance and have not done so, the Board of Public Works or its designee may abate the nuisance, keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid forty-five (45) days after the billing date. Unpaid costs may be made a lien against the property. Sec. 16-58. Duties of owners or persons in control of vacant lots. (a) Any person owning or controlling any vacant lot within the City must keep same free of trash, litter, debris, garbage and similar material . article, the Board of Public Works or its designee shall proceed with notice and abatement procedures as set forth in sections 16- 55, 16-56 and 16-57 of this article. Sec. 16-59. Removal of vegetation. Notwithstanding any other provision of this article, the Board of Public Works or its designee may employ the procedures set forth in IC 3G 7 10 3 for the removal of vegetation and IC 36-7-10 . 1 for the collection of removal costs when weeds or grass on real property reach a height of more than twelve (12) inches and the landowner, after proper notice, fails to remove the vegetation. Sec. 16-60. Storage of building materials. Building materials and equipment may be placed or stored on lots zoned as residential or commercial only during the process of building on said lot or for a period of no longer than one month prior to a commencement of building and no longer than ten (10) days after the completion of building on said lot . Sec. 16-61 . Penalties. Except as otherwise provided, Aany person violating a provision of this chapter shall, upon conviction be deemed guilty of an offense and fined not less than - - - • :: -- ($25 . 00) fifty dollars ($50 . 00) for a first offense, not less than one hundred dollars ($100 . 00) for a second offense and not less than two hundred dollars ($200 . 00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty-five hundred dollars ($2, 500 . 00) . Each day after the expiration date of the time limit ordered by the Board of Public Works or its designee for abating a nuisance condition under this chapter shall constitute a distinct and separate offense. Section II . Article 16 of Chapter 2 of the South Bend Municipal Code is amended to read as follows : ARTICLE 16. REICERVED Secs. 2 13C 2 204. Reserved. ARTICLE 16. INSURANCE Sec. 2-197. Board of Public Works: Authority to purchase Insurance by competitive proposals; procedure. (a) The Board of Public Works shall have the authority to purchase insurance to cover the liability of the City as may be necessary to carry out the provisions and intent of this Code. (b) Effective immediately all contracts for liability insurance coverage shall be subject to competitive proposals every three (3) years. (c) Complete specifications for such insurance shall be approved by a committee whose members shall include the City Attorney, Controller, Deputy Controller and Chairman of the bidders of the general nature of the insurance coverage needed and of the facts that complete specifications are on file in such office, and calling for proposals for such coverage by a day not earlier than thirty (30) days after the last of such publications . (e) The Board shall require each bidder to file with such Board an affidavit that such bidder has not directly or indirectly entered into any combination, collusion, undertaking or agreement with any other bidder or other person with reference to such bidding, in any way or manner whatever. (f) Upon proper money appropriation by ordinance, the Board shall, if a satisfactory proposal is received, let such contract to the lowest responsible and responsive bidder. Secs. 2 -- 2-204. Reserved. Section III . This Ordinance shall be in full force and effect as of January 1, 1994, and from and after its adoption by the Common Council, approval by the Mayor and legal publication. Ae Member of t!i Common Council