§ 39-62. General specifications.

(a)

The following specifications and service conditions shall apply to residential units serviced by city collectors:

(1)

The department shall loan, without charge, one automated service container to the resident(s) of each residential unit serviced by city collectors. Upon request, the resident(s) of a residential unit shall be provided up to two additional automated service containers upon advance payment by money order or cashiers check of the monthly extra capacity service fee per automated service container stated for this provision in the city fee schedule. A city water customer who desires to contract for billing of the extra capacity service fee through the customer's city water account may provide the director the customer's city water account number and advance payment of the first monthly extra capacity service fee for each additional automated service container requested. Thereafter, a monthly charge for each additional container will be billed through the customer's water account. Each additional automated service container shall bear an extra capacity sticker containing serial or other identification numbers and shall be issued by the department for a minimum service period of 12 months.

(2)

The department will replace a container at no charge to the property owner, if:

a.

It is damaged beyond use by city collectors; or

b.

It is lost as a result of a disaster for which the mayor has declared a local state of emergency or local state of disaster; or

c.

It is lost as a result of a severe weather event that results in localized flooding for which the mayor has determined that fees for container replacement will not be charged.

(3)

The department will replace a container due to routine wear when necessary at no charge to the property owner, but not more frequently than once every ten years, and will provide a second replacement within the same time period at a reduced cost only if:

a.

The property owner requesting a second container is a senior citizen over the age of 65; or

b.

The property owner is enrolled in the department's pickup for persons with disabilities program as identified in Section 39-80.

For these categories of property owners, the replacement fee shall be waived for a second replacement and only the delivery fee shall be charged.

(4)

Except as provided in items (2) and (3) of this subsection, the department shall replace a property owner's container upon payment therefor by the property owner using any payment method described in item (1) of this subsection. The cost for container replacement includes the container delivery fee in addition to the city's actual cost to purchase the replacement container, each as set forth in the city fee schedule.

(5)

Only a city container that is in compliance with the department's residential service program, extra capacity service program, or non-residential service program will be serviced by the city. Any other city container presented for service that is not in compliance with one of the said programs will be retrieved by the city at the property owner's expense. The retrieval charges include the costs of retrieval and cleaning the improperly acquired container. The property owner will be assessed a container cleaning fee, which includes the cost of disposal of contents, and a container retrieval fee, each of which is set forth in the city fee schedule. The department shall invoice the property owner for the fees assessed by this subsection, which must be paid using any payment method described in item (1) of this subsection.

(b)

Operators of private collection services may establish different specifications as to the size, weight and construction of containers which they will pick up, provided that the specifications conform to section 39-61 of this Code.

(c)

For purposes of conducting pilot programs to evaluate new solid waste disposal and recycling technologies, the director may establish different specifications as to the size, weight, and construction of containers that the city will pick up in certain areas of the city, provided that the specifications conform to section 39-61 of this Code.

(d)

The director may establish service routes and/or designated areas of the city which receive semi-automated collection service such as on one-way streets which have residential units on the left hand side of the street and therefore cannot be served by the city's standard automated sideloader trucks.

(e)

In connection with pilot programs, the department may loan automated service containers, recycling containers or related equipment to residents for their use in placing garbage, trash and recyclable material for collection by the department.

(f)

All collection equipment provided by the city shall remain the property of the city, and it shall be the responsibility of each person who receives that equipment to exercise reasonable care with respect to the maintenance and use of the equipment.

(g)

It shall also be the duty of each person who receives automated service containers and other equipment to store the equipment in a secure place where it will not be visible to a person standing in the right-of-way of any public street adjacent to the property where the equipment is used, except while placed for collection in accordance with this chapter. It is a defense to prosecution under this subsection that the person's property is so configured that no location exists for storage of the equipment in a place where it is not visible to a person standing in the right-of-way of a public street adjacent to the property.

(Code 1968, § 20-16; Ord. No. 81-1524, § 1, 8-11-81; Ord. No. 88-1643, § 4, 10-12-88; Ord. No. 93-872, § 1, 7-14-93; Ord. No. 95-406, §§ 4, 5, 4-12-95; Ord. No. 98-115, § 7, 2-11-98; Ord. No. 02-525, § 3, 6-19-02; Ord. No. 09-823, § 8, 9-2-09; Ord. No. 1168, § 13, 12-14-2011; Ord. No. 2018-375 , §§ 2, 3, 5-2-2018)