ARTICLE II. COLLECTION AND DISPOSAL

94-26 Refuse containers and yard waste containers, specifications.

(a)    The owner, agent, lessee, tenant and/or occupant of any house, building or apartment where refuse is generated shall provide weatherproof containers in sufficient numbers and capacity for the proper storage of refuse on the premises for one week.

(b)    The owner, agent, lessee, tenant and/or occupant of any house, or apartment of four or less units who use the City of Pontiac provided curbside refuse collection services, shall use the City provided 105-gallon refuse cart for storage on the premises between weekly curbside collections. The user of the City provided curbside refuse collection services shall place all refuse set out for disposal in the City provided refuse cart and keep the cart lid closed except when in the act of placing refuse in it. The user of the City curbside collection services shall not set items out for refuse disposal that do not qualify for refuse collection. The user of the City provided curbside refuse collection services shall place the City provided refuse container, that contains refuse, at the curb in front of the collection address by 7:00 a.m. on the City scheduled day of collection and not before 7:00 p.m. the night before the City scheduled collection day. The user of City provided curbside refuse collection services shall remove the City provided refuse container from the curb by 7:00 p.m. on the day of collection and store it on the property behind/beyond the front building line of the main structure on the property. The user of City provided curbside refuse collection services shall keep the City provided refuse cart in a clean and sanitary condition. The user of the City provided refuse container shall use it within the cart user guidelines provided with the cart and avoid cart damage that may result from user abuse or user misuse. Cart repair/replacement cost resulting from user abuse, user misuse, fire, theft, or loss will be the property owner’s responsibility. Determination of responsibility for cart repair/replacement costs will be made by a representative of the Department of Public Works as assigned by the Director. Except for carts purchased from the refuse collection service provider, issued carts remain the property of the refuse collection service provider. No person, except the cart owner or owner’s representative, shall remove the cart from the property address where the cart was issued. Refuse collection service provider owned carts that are set out at locations other than the issued location shall be considered a violation of this chapter. Determination of violation and responsible party for improperly relocated and set out carts will be made by a representative of the Department of Public Works as assigned by the Director. Those improperly relocated and set out carts shall be reclaimed by the service provider as violation abatement, emptied of any waste found in them, and returned to the properly issued location. This violation abatement service will be documented but no advance notice to the responsible party or to the property owner is required prior to the abatement service being performed. The cost of this violation abatement, as authorized under section 94-35, shall be assessed to the owner of the property where the cart was issued and/or to the responsible party who moved the cart and/or to the owner of the property where the cart was set out, discovered, and reclaimed. Charges to any responsible party, in addition to any penalty imposed by law, shall be determined on a case by case. The City shall have, as security for payment of any charges to any customer, a lien upon the premises or real estate generating the violation and abatement service. The lien shall become effective immediately upon billing for the service to the premises or real estate. The lien may be enforced by the general laws of the State of Michigan providing for the enforcement of tax liens. The lien created by this article shall have priority over all other liens except for taxed and special assessments and shall have equal priority with other liens imposed for City supplied municipal services.

(c)    The owner, agent, lessee, tenant and/or occupant of any house, or apartment of four or less units where yard waste is generated, shall provide containers no less than ten-gallon or more than 35-gallon in capacity, of the type approved by the Director of Public Works, in sufficient numbers for the proper storage of yard waste on the premises for one week.

(d)    The owner, agent, lessee, tenant and/or occupant of any house, or apartment of four or less units who use the City of Pontiac provided curbside yard waste collection services, shall not set items out for yard waste disposal that do not qualify for yard waste collection. The user of City provided yard waste collection services shall not set out yard waste for collection that does not meet the yard waste set out containment, weight, and quantity restrictions approved by the Director of Public Works. The user of City provided yard waste collection services shall set yard waste out in approved containers for collection at the curb in front of the collection address by 7:00 a.m. on the City scheduled day of collection and not before 7:00 p.m. the night before the City scheduled collection day. The user of the City provided yard waste collection service shall remove the yard waste containers from the curb by 7:00 p.m. on the day of collection and store them on the property behind/beyond the front building line of the main structure on the property. The user of City provided yard waste collection services shall maintain the yard waste containers in a good, safe, clean, and sanitary condition.

(e)    No yard waste, refuse, rubbish, garbage, ashes, hazardous waste, or other waste matter may be placed, dumped, or raked onto streets or alleys or into street drains.

(f)    The following specifications represent the minimum cart standards required by the City for use in servicing homes and apartments of four units or less. The City may consider carts that do not comply with one or more of the following specifications; however, contractors providing service to any house or apartment of four units or less shall state any deviation from the specifications and provide information to convince the City that cart performance will not be degraded. Acceptability of alternative specifications is the sole determination of the City.

(1)    The rollout cart is compatible with both standard American semi-automated bar-locking lifters (ANSI type B) as well as automated arm lifters (ANSI type G).

(2)    The wheeled refuse carts are designed to contain solid waste materials including paper, fibers, garbage, and rubbish.

(3)    The cart is provided with adequate wheels and handles so that it can be pushed or pulled with little effort.

(4)    The capacity of the cart is 105 U.S. gallons, excluding domed lid.

(5)    The cart is designed to accommodate a load of 335 pounds, excluding the weight of the cart.

(6)    The cart has wheels and axles that are designed to support the weight of the cart and its contents up to 335 pounds.

(7)    The cart is made with plastic material, specifically prepared to be colorfast so that they do not alter appreciably in normal use.

(8)    The carts will have a color as approved by the Director; these colors must be stabilized against ultraviolet light attack with not less than one-half of one percent UV 531 or equivalent.

(9)    The lid of the cart is designed to facilitate water runoff.

(10)    The lid is held closed by its weight only. No latches are used or required.

(11)    The cart, when empty, will not overturn when the lid is thrown fully open.

(12)    Serial numbers shall be hot stamped on the cart body using a numbering system of the contractor’s choosing.

(13)    Carts provided by contractors other than the contractor hired by the City for City provided refuse disposal services shall be easily distinguishable from carts used by the City’s contractor.

(Ord. No. 2203, 9-21-06; Ord. No. 2294, § 1(A), 7-4-13)

94-27 City collection; regulations; disposal of waste.

(a)    The City shall provide residential refuse collection services available for use by all residential houses, or apartments of four or less units where residential refuse is generated, but not for mobile home parks. The City provided refuse collection services may be provided by the City or by the City contracting with a waste contractor acceptable to the City; provided, however, that nothing in this article is meant to impair the existing contract between the City and its existing contractor providing refuse and waste services to the City. A resident is not required to use the City refuse collection services, but if they choose to opt out of the City provided service they must apply to opt out annually by providing the City with: a copy of a pre-paid service contract with another service provider licensed in the City for the subject property; a receipt showing that the existing City contractor’s container was returned to the City’s contractor in good condition; and evidence that the container used by the new service contractor complies with the City’s container specifications and requirements referenced in section 94-26. Any approvals to opt out must be renewed annually.

(b)    The City shall make residential refuse collections from within the limits of dedicated street rights-of-way in accordance with regulations and schedule issued by the Director of Public Works. The Director of Public Works or his designee may designate or authorize residential refuse collections and commercial garbage collections from other locations when in his judgment the public interest may be served. Such collections shall be made in accordance with rules and regulations established by the Director of Public Works to meet the particular situation.

(c)    City collection shall be limited to garbage and refuse generated within the corporate limits of the City only. City collection shall be limited to garbage and refuse generated at the property where it is collected. Owners, agents, lessees, tenants and/or occupants may not move waste from one property to another prior to setting this waste out for City collection. This collection is not to be used or taken advantage of by nonresidents of the City. This collection is not to be used or taken advantage of by Pontiac property owners, lessees, tenants and/or occupants of Pontiac properties that do not qualify for City collection. Any owner at the place of pickup allowing waste to be deposited on his property that was generated elsewhere, for collection purposes, shall be subject to sanction as provided in this article. Any waste generator, of waste generated elsewhere, depositing waste at a Pontiac place of pickup for collection purposes shall be subject to sanction as provided in this article.

(d)    The owner, agent, lessee, tenant and/or occupant of any house or apartment of four or less units that does not qualify for City provided collection for any reason and/or generates any waste type, weight or quantity that does not qualify for City provided collection for any reason shall arrange for and cause that generated waste to be collected and disposed of from that location on a weekly basis or in a frequency determined by the Director of Public Works to be in the best interest of public health and safety.

(Ord. No. 2203, 9-21-06; Ord. No. 2294, § 1(A), 7-4-13)

94-28 Reserved.

94-29 Removal of scattered refuse, containers, and unacceptable materials for collection procedures.

(a)    The owner or occupant of a residential or commercial unit, within 48 hours after personal service of notice or within 48 hours of a posted written notice, of any violations of this article noted by the director of public works and utilities or his designee, shall, in accordance with the provisions of this chapter, properly dispose of items placed at the curb or on the street in front of the unit or in the abutting alley. Notice of violation shall be made by mailing it to the property owner, as shown on city assessment records and/or to the occupant; personal service to the owner and/or occupant; or posting the notice at a conspicuous place on the property where appropriate.

(b)    If the occupant or owner fails or refuses to comply with the terms of the notice within the time specified, the director of public works and utilities or his designee may cause the condition to be corrected at the property owner’s and/or occupant’s expense. No advance notice shall be required if a public health or safety hazard necessitates immediate removal of materials.

(c)    The cost of such work, if not paid after demand, shall be a lien against the property where the work was performed and shall be referred to the city council by the mayor. The council shall institute special assessment proceedings in accordance with the charter.

(Ord. No. 2203, 9-21-06)

94-30 Disposal facility, processing facility, material recovery facility, transfer station; regulations.

(a)    Should the city provide a disposal facility, processing facility, material recovery facility and/or a transfer station then it shall be maintained by the city or its agent for the purpose of disposing of garbage, rubbish, refuse and certain waste matter collected or generated from within the boundary’s of the city and approved for disposal by the director of public works and utilities.

(b)    Through contract arrangements, the city disposal facility, processing facility, material recovery facility and/or transfer station may be operated for the purpose of disposing of garbage, rubbish, refuse, and certain waste matter collected or generated from outside the city and approved by the director of public works and utilities.

(c)    The disposal facility, processing facility material recovery facility, and/or transfer station shall be used and operated in a manner and during designated hours in accordance with regulations, procedures and schedules established or approved by the director of public works and utilities.

(d)    Certain waste matter, such as radioactive, toxic, highly flammable, acid, caustic matter, explosives, or any materials defined as hazardous waste, or any other waste matter not approved by the director of public works and utilities will not be accepted for disposal, processing, recovery, or transfer.

(Ord. No. 2203, 9-21-06)

94-31 Disposal of refuse.

(a)    The owner or occupant of a residential unit or units, housing development, apartment or building complex, or commercial or industrial establishment shall dispose of refuse by any or all of the following options:

(1)    Utilizing the refuse collection service offered by the City, where unit is a house or an apartment building of four or less units, and by adhering to the provisions of this chapter;

(2)    Utilizing the services of a commercial waste collector for collection of waste materials and other materials not acceptable for collection, disposal, processing, or transfer by the collection service provided by the City, or for collection from commercial establishments, industrial establishments, mobile home parks, or other establishments not serviced by the collection service provided by the City. However, any such materials shall be transported, handled, processed and/or disposed of in accordance with all applicable laws and regulations.

(3)    In the event the owner or occupant of a residential unit or units, or apartment of four or less units from which refuse is generated, uses the City provided collection service and also utilizes the services of another commercial refuse collector in addition to the refuse collection service provided by the City, such owner or occupant shall still be required to pay the solid waste disposal system fees.

(b)    No person shall transport refuse to a City park or any other property located within the corporate limits of the City, other than to an approved disposal facility, material recovery facility, processing facility, and/or transfer station which is specifically designed and installed for their use.

(c)    Under emergency conditions, the Director of Public Works may designate locations on City properties where Pontiac residents may deposit designated materials for the duration of the emergency.

(Ord. No. 2203, 9-21-06; Ord. No. 2294, § 1(A), 7-4-13)

94-32 Refuse vehicles; spillage; inspections.

(a)    All vehicles used by commercial collectors shall be equipped and maintained in a manner so as to keep the contents of the vehicle covered and contained within the vehicle at all times while being transported. Refuse vehicles shall be operated and maintained in a sanitary manner.

(b)    All commercial collectors shall be responsible for the prevention of spillage from their vehicles of items collected during the process of loading and transporting. They shall cause their vehicles to be available for inspection by the director of public works and utilities during regular city business hours.

(Ord. No. 2203, 9-21-06)

94-33 Penalty for violation of article.

Any person or entity found responsible for violating any provision of this article shall be responsible for a municipal civil infraction as defined at section 86-500 of this Code.

(Ord. No. 2203, 9-21-06)

94-34 Costs and fines, disposition.

All monies paid to the 50th District Court as costs and fines for violation(s) of this article shall be paid by the court clerk daily to the department of public works and utilities’ sanitation fund.

(Ord. No. 2203, 9-21-06)

94-35 Civil remedies.

The director is hereby authorized to send or post written notice to violators of this article, unless otherwise provided in this article. If the violator fails to comply with this notice within 48 hours from the date and time of the mailing or posting of the notice, the city may correct the problem with costs being assessed to the violator and/or owner of the property. In such case where the problem is determined to be a public hazard, the city may correct the problem immediately and bill the responsible party. This action will be separate and apart from any other action that may be taken.

(Ord. No. 2203, 9-21-06)

94-36 Solid waste management act adopted.

Part 115 of 1994 Public Act 451 as amended, is adopted by reference and shall be effective in the city in the same manner as if set out fully in this article.

(Ord. No. 2203, 9-21-06)

94-37 Hazardous waste management act adopted.

Part 111 of 1994 Public Act 451 as amended, is adopted by reference and shall be effective in the city as if set out fully in this article.

(Ord. No. 2203, 9-21-06)

94-3894-50 Reserved.