Chapter 8.20
CONSTRUCTION WASTE
Sections:
8.20.030 Regulations and prohibitions.
8.20.040 Enforcement and penalties.
8.20.010 Purpose.
The purpose of this section is to require general contractors to contain construction waste within dumpsters and to prohibit general contractors from littering neighboring properties with construction site waste. (Ord. 2022-05 § 1 (Exh. A), 2022.)
8.20.020 Definitions.
“Construction site” means the site of a project related to new construction, renovation, remodel, landscaping, or any project for which a building permit has been issued.
“Fine” means monetary payment to Francis City as a penalty for violation of this chapter, added to the cost of the building permit, due before issuance of a certificate of occupancy for any project managed by the violating general contractor.
“General contractor” means the person who is responsible for overseeing a construction project and who manages the various subcontractors, vendors, and trades, i.e., the licensed general contractor or the property owner acting as their own contractor.
“Litter” means waste left lying about.
“Stop work order” means an order issued by the City which requires all construction activity on the project to be stopped.
“Waste” means all trash, refuse, and rejected matter and material, including food containers and personal items. (Ord. 2022-05 § 1 (Exh. A), 2022.)
8.20.030 Regulations and prohibitions.
General contractors are responsible for keeping their construction sites clean and free of litter. Waste shall be picked up daily by the general contractor or their designee and placed within dumpsters. It is prohibited to litter construction sites with waste. Dumpsters shall be emptied as needed so that waste does not extend past the top of the dumpster or blow out of the dumpster. It is prohibited to place waste from a construction site on neighboring property(ies). If waste from a construction site blows onto a neighboring property(ies), it shall be collected by the general contractor or their designee and disposed of in a dumpster on the construction site. (Ord. 2022-05 § 1 (Exh. A), 2022.)
8.20.040 Enforcement and penalties.
Enforcement may proceed as follows if the City becomes aware of a violation of this section:
1. Warning. If the code enforcement officer or the building inspector determines that a violation exists, a verbal or written warning shall be given to the general contractor to make them aware of this chapter. The general contractor shall be given a minimum of one business day after receipt of the warning to remedy the violation before the first violation is issued.
2. First Violation. If the code enforcement officer or building inspector determines that there is a subsequent violation of this section by the same general contractor within one calendar year of the warning, a fine of $500.00 shall be assessed to the general contractor and a written violation letter shall be hand delivered, mailed, or emailed to the general contractor. The general contractor shall be given a minimum of one business day after receipt of the first violation letter to remedy the violation before the second violation is issued.
3. Second Violation. If the code enforcement officer or building inspector determines that there is a subsequent violation of this section by the same general contractor within one calendar year of the first violation, a fine of $1,000 shall be assessed to the general contractor and a written violation letter shall be hand delivered, mailed, or emailed to the general contractor. The general contractor shall be given a minimum of one business day after receipt of the second violation letter to remedy the violation before the stop work order is issued.
4. Stop Work Order. If the code enforcement officer or building inspector determines that there is a subsequent violation(s) of this section by the same general contractor within one calendar year of the second violation, a stop work order shall be issued to the general contractor. The stop work order shall only be lifted after the general contractor demonstrates they are in compliance with this section and after a minimum of 72 hours. (Ord. 2022-05 § 1 (Exh. A), 2022.)