[Amended 3-13-2019 by Ord. No. 6-2019]
No container, dumpster, receptacle or other
object for the collection of rubbish or debris shall be placed upon
any street, sidewalk, public property or private property without
a permit issued by the Building Department.
A.
Any person desiring a permit under this article shall
make written application therefor to the Building Department specifying
the name and address of the applicant and, if applicable, the lessor,
the exact proposed location of such dumpster, container or other receptacle,
the length of time that said use is required, up to a maximum of 30
days, and the circumstances necessitating the need for the dumpster,
container or other receptacle.
B.
All such dumpsters, containers or other receptacles
shall bear the name and address of the person responsible therefor.
C.
All such dumpsters, containers or other receptacles
which remain on any street, sidewalk or public property during the
hours between sunset of one day and sunrise of the next day shall
be equipped with suitable reflectors or other warning devices as may
be required by the Building Department.
A.
The application for the permit shall be accompanied
by a fee of $50. In addition, the Building Department may, in its
discretion, require an indemnity deposit of $500 to reimburse the
City for the cost of any extraordinary cleanup or repair which may
be incurred by the City as a result of the use permitted.
[Amended 3-10-2010 by Ord. No. 5-2010]
B.
Upon permanent removal of the dumpster, container
or other receptacle, the Building Department shall inspect the property
for any damage to the street, sidewalk or publicly owned property.
If there has occurred any damage to said property, then there shall
be deducted from the deposit moneys a sufficient amount to repair
the same. If the moneys on deposit are insufficient to cover the cost
of repairs, the owner shall be responsible for any additional sums
necessary to complete the cost of repairs.
A.
The Building Department may, in its discretion, refuse
to issue a permit if it deems the same to constitute a danger to public
safety or an unwarranted interference with the efficient movement
of traffic.
B.
The Building Department may revoke a permit for the
same reasons, and, if the dumpster or other receptacle is not removed
within 24 hours after notification, that Department may arrange to
have the same removed and stored at the owner's expense.
C.
The Building Department may revoke a permit if it
determines that false statements were made in the application or if
it determines that the permittee has failed to conform to the regulations
set forth herein.
D.
If the Building Department shall at any time determine
that an emergency situation exists with regard to said dumpster or
other receptacle, it may remove the same without notice, at the owner's
expense.
E.
The Building Department may revoke a permit if it
determines that any dumpster has remained filled without being emptied
for a period exceeding 72 hours.
F.
A decision by the Building Department to revoke any
permit issued hereunder shall be transmitted in writing to the permit
holder by registered or certified mail; such decision shall state
clearly the grounds for revocation.
G.
The permit holder may appeal the revocation to the
Mayor and Council of the City of Linwood. An appeal must he filed
within seven days after the notice of revocation was mailed to him.
Such appeal must state in writing the grounds for the appeal. The
Mayor and Council shall then set a time and place for the hearing
and notify the permit holder in writing at least five days in advance
of the hearing by mailing a notice to his last known address. The
decision and order of the Mayor and Council shall be final and conclusive.
A.
No person shall cause or permit the placement of a
dumpster, container or receptacle in such a manner that it causes
any physical damage to any street, sidewalk or to City-owned property.
B.
If the Building Department shall at any time determine
that any physical damage has been caused to any street, sidewalk or
City-owned property, it may cause the removal of the dumpster, receptacle
or other container without notice, at the owner's expense, and the
owner shall be responsible for all costs necessary to restore the
property to its condition prior to the placement of the dumpster,
receptacle or other container.
The provisions of this article are not intended
to apply to containers or receptacles used for normal weekly garbage
collection at residential properties.
