State Law Reference — Authority to provide for disposal
of garbage, trash, §§71.680, 71.690, RSMo.
[R.O. 2014 §245.010; Ord. No. 3096 §2, 6-27-1927]
It shall be unlawful for any person to throw, drop, cast or
deposit upon any street, alley, sidewalk, or any yard or premises,
public or private, any filth of any kind, or cans, paper trash, paper
containers, rubbish, bottles or any other form of litter or waste
matter.
[R.O. 2012 §245.130; Ord. No. 6680 §1, 5-1-1978]
The owner or person in control of any private property shall
at all times, maintain the premises free of litter. Provided, however,
that this Section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[R.O. 2012 §245.150; Ord. No. 6680 §1, 5-1-1978]
A.
Notice To Remove. The Code Enforcement Officer is
hereby authorized and empowered to notify the owner of any property
within the City or the agent of such owner's property to remove
all litter which is dangerous to public health, safety, or welfare
due to the accumulation of such litter. Such notice shall be by first
class mail, addressed to such owner, at his/her last known address,
or by personal service or posted on the property.
[Ord. No. 16-12-04 § 2, 12-19-2016]
B.
Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in Subsection (A) above, or within ten (10) days after the date of such notice in the event the same is returned to the City because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the inspector is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
[Ord. No. 16-12-04 § 2, 12-19-2016]
C.
Charge Included In Tax Bill. When the City has effected
the removal of such dangerous litter or has paid for its removal,
the actual cost thereof, plus accrued interest at the rate of six
percent (6%) per annum from the date of the completion of the work,
if not paid by such owner prior thereto, shall be charged to the owner
of such property on the next regular tax bill forwarded to such owner
by the City, and such charge shall be due and payable by such owner
at the time of payment of such tax bill.
D.
Recorded Statement Constitutes Lien. Where the full amount due the City is not paid by such owner within ten (10) days after the disposal of such litter, as provided for in Subsections (A) and (B) above then, and in that event, the Inspector shall cause to be recorded in the office of the Finance Department, a sworn statement showing the cost and expense incurred for the work, the date the work and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to delinquent penalty of ten percent (10%) in the event the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[R.O. 2012 §245.160; Ord. No. 6379 §1, 2-4-1974; Ord.
No. 09-5-2 §1, 6-1-2009]
For the purpose of this Article, the following terms shall be
deemed to have the meaning indicated below:
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
Non-putrescible solid waste consisting of combustible and/or
noncombustible waste materials from dwelling units, commercial, industrial,
institutional or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
collection vehicles by solid waste collectors, with the equipment
available therefor.
The City of Excelsior Springs, Missouri.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Waste materials from the construction and demolition of residential,
industrial, or commercial structures, but shall not include materials
defined as clean fill under Section 260.200, RSMo.
A container designated by the Director exclusively for the
storage and collection of recyclable materials.
The City Manager of the City of Excelsior Springs or his/her
authorized representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
Any room or group of rooms located within a structure, and
forming a single habitable unit with facilities which are used, or
are intended to be used for living, sleeping, cooking and eating.
Putrescible animal or vegetable waste resulting from the
handling, preparation, cooking, serving consumption of food.
Any waste or combination of wastes, as determined by the
commission by rules and regulations, which, because of its quantity,
concentration, or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness, or pose a present or potential threat to the health of humans
or the environment.
A housing facility containing more than one dwelling unit
under one (1) roof.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as owner as a tenant.
An individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision or any agency, board, department or
bureau of the State or Federal Government or any other legal entity
whatever which is recognized by law as the subject of rights and duties.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Newspaper, corrugated cardboard boxes, plastic bottles, tin/steel
cans and aluminum cans.
Solid waste.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final deposition of solid waste by man.
Any area used for the disposal of solid waste from more than
one (1) residential premises, or one (1) or more commercial, industrial,
manufacturing, recreational, or governmental operations.
The entire process of managing solid waste in a manner which
minimizes the generation and subsequent disposal of solid waste, including
waste reduction, source separation, collection, storage, transportation,
recycling, resource recovery, volume minimization, processing, market
development, and disposal of solid wastes.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[R.O. 2012 §245.170; Ord. No. 6379 §2, 2-4-1974; Ord.
No. 09-5-2 §2, 6-1-2009]
A.
The
City may provide the occupant of each dwelling unit, excluding multiple
housing units with more than four (4) dwelling units, with an approved
solid waste container for the storage of residential solid waste and
a separate curbside recycling container for recyclable materials.
The occupant of every other dwelling unit and of every institutional,
commercial or business, industrial or agricultural establishment producing
solid waste within the corporate limits of the City shall provide
sufficient and adequate containers for the storage of all solid waste
except bulky rubbish and demolition and construction waste to serve
each such dwelling unit and/or establishment and to maintain such
solid waste containers at all times in good repair.
B.
The
occupant of every dwelling unit and of every institutional, commercial,
industrial, agricultural or business establishment shall place all
solid waste to be collected in proper solid waste containers, except
as otherwise provided herein, and shall maintain such solid waste
containers and the area surrounding them in a clean, neat and sanitary
condition at all times.
C.
Residential
solid waste shall be stored in containers approved by the Director.
Containers shall be properly covered at all times except when depositing
waste therein or removing the contents thereof. Disposable solid waste
containers as approved by the Director may also be used for storage
of residential waste.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof and shall meet all requirements as set forth by Section 245.070.
E.
Solid
wastes shall be stored and maintained as to prevent the dispersal
of wastes upon the premises served, upon adjacent premises, or upon
adjacent public rights-of-way.
F.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[R.O. 2012 §245.180; Ord. No. 6379 §3, 2-4-1974; Ord.
No. 6618 §2, 4-4-1977; Ord. No. 09-5-2 §3, 6-1-2009; Ord. No. 10-09-09 §1, 9-20-2010]
A.
The
City shall provide for the collection of solid waste as follows:
1.
Collection of residential solid waste. The City
shall provide for the collection or disposal of all residential solid
waste in the City; provided however, that the City may provide the
collection service by contracting with a person, County or other City
or a combination thereof for the entire City or portions thereof as
deemed to be in the best interests of the City.
2.
Other collections. The City may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection and proper disposal
of all solid waste produced upon any such premises. The failure of
any person to provide for proper collection and disposal shall be
cause for action by the City under the terms of this Article.
B.
All
solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish, yard waste and
hazardous waste as defined herein; provided however, that bulky rubbish
and yard waste may be disposed at specified collection points to be
fixed by regulations to be made and promulgated by the Director as
hereinafter provided. All solid waste collected shall, upon being
loaded into collection equipment, become the property of the collection
agency.
C.
Solid
waste containers as required by this Article for the storage of residential
solid waste shall be placed within one (1) foot of the curb or alley,
clear of any trees, poles, vehicles or other obstructions, and facing
in the direction indicated on the container for collection, with the
exception of any specific deviations for hardship reasons as may be
approved by the Director. Any solid waste containers and curbside
recycling containers permitted by this Article to be placed at the
curb or alley for collection shall not be so placed until the regularly
scheduled collection day and shall be removed before the end of the
scheduled collection day.
D.
Solid
waste collectors employed by the City or a solid waste collection
agency operating under contract with the City are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Article. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approved by the Director.
E.
The
following collection frequencies shall apply to all collection of
solid waste within the City: All residential solid waste, other than
recyclable materials, bulky rubbish, yard waste and hazardous waste,
shall be collected at least once weekly. Recyclable materials shall
be collected at least once every other week. At least forty-eight
(48) hours shall intervene between collections. All commercial solid
waste collected by the City shall be collected once weekly, and shall
be collected at such lesser intervals as may be fixed by the Director
upon a determination that such lesser intervals are necessary for
the preservation of the health and/or safety of the public.
F.
Residential
solid waste containers shall be stored upon the residential premises.
Commercial solid waste containers shall be stored upon private property,
unless the owner shall have been granted written permission from the
City to use public property for such purposes. The storage site shall
be well-drained, fully accessible to collection equipment, public
health personnel and fire inspection personnel.
G.
All
collection vehicles shall be maintained in a safe, clean and sanitary
condition and shall be so constructed, maintained and operated as
to prevent spillage of solid waste therefrom. All vehicles to be used
for collection of solid waste shall be constructed with water-tight
bodies and with covers which shall be an integral part of the vehicle
or shall be a separate cover of suitable material with fasteners designed
to secure all sides of the cover to the vehicle and shall be secured
whenever the vehicle is transporting solid waste or, as an alternate,
the entire bodies thereof shall be enclosed with only loading hoppers
exposed. No solid waste shall be transported in the loading hoppers.
H.
Permits
shall not be required for the removal, hauling or disposal of earth
and rock material from grading or excavation activities, however,
all such material shall be conveyed in tight vehicles, trucks or receptacles
so constructed and maintained that none of the material being transported
shall spill upon the public rights-of-way.
[R.O. 2012 §245.190; Ord. No. 6379 §4, 2-4-1974]
A.
Solid
wastes shall be disposed of at a processing facility or disposal area
approved by the City and complying with all requirements of the Missouri
Division of Health.
B.
The
Director may classify certain wastes as hazardous wastes which will
require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, State and
Federal regulations.
[R.O. 2012 §245.210; Ord. No. 6379 §6, 2-4-1974; Ord.
No. 09-5-2 §4, 6-1-2009]
A.
The
Director shall make, amend, revoke, and enforce reasonable and necessary
rules and regulations, governing, but not limited to:
1.
Preparation, drainage and wrapping of garbage deposited in solid
waste containers.
2.
Specifications for solid waste containers, including the type, composition,
equipment, size and shape thereof.
3.
Identification of solid waste containers and of the covers thereof,
and of equipment thereto appertaining, if any.
4.
Weight limitations on the combined weight of solid waste containers
and the contents thereof, and weight and size limitations on bundles
of solid waste too large for solid waste containers.
5.
Storage of solid waste in solid waste containers.
6.
Sanitation, maintenance and replacement of solid waste containers.
7.
Schedules of and routes for collection of solid waste.
8.
Collection points of solid waste containers.
9.
Collection and disposal of solid waste.
10.
Processing facilities and fees for the use thereof.
11.
Disposal facilities and fees for the use thereof.
12.
Records of quantity and type of wastes received at processing and/or
disposal facilities.
13.
Handling of special wastes such as toxic wastes, sludges, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
14.
Collecting and handling of curbside recycling containers and recyclable
materials.
B.
The
City Collector or such other City Official who is responsible for
preparing utility and other service charge billings for the City,
is hereby authorized to make and promulgate reasonable and necessary
rules and regulations for the billing and collection of solid waste
collection and/or disposal service charges, as hereinafter provided
for.
C.
A copy
of any and all rules and regulations made and promulgated under the
provisions hereof shall be filed in the office of the City Clerk of
the City.
[R.O. 2012 §245.220; Ord. No. 6379 §7, 2-4-1974; Ord.
No. 09-5-2 §5, 6-1-2009]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his/her
own, without the written consent of the owner of such container and/or,
with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal;
2.
Interfere in any manner with solid waste collection equipment, or
with solid waste collectors in the lawful performance of their duties
as such, whether such equipment or collectors shall be those of the
City, or those of a solid waste collection agency operating under
contract with the City;
3.
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
4.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health;
5.
Deposit bulky rubbish, yard waste or hazardous waste in a residential
solid waste container.
6.
Deposit any material other than recyclable materials in a curbside
recycling container.
7.
Violate any other provision of this Article or any rules or regulations
promulgated pursuant thereto.
[R.O. 2012 §245.230; Ord. No. 6379 §8, 2-4-1974; Ord.
No. 86-8-2 §I, 8-4-1986; Ord. No. 95-10-7 §3, 10-2-1995; Ord. No. 96-5-6, 5-20-1996; Ord. No. 96-10-1 §V, 10-3-1996; Ord. No. 05-9-4, 9-6-2005; Ord. No.
07-6-3, 6-4-2007; Ord. No. 09-5-2 §6, 6-1-2009; Ord. No. 10-09-09 §2, 9-20-2010; Ord. No. 13-08-11 §1, 8-19-2013; Ord. No. 14-07-02 §1, 7-7-2014; Ord.
No. 14-07-05 §13, 7-21-2014]
A.
There
is hereby imposed, for the collection and disposal of solid waste,
a service charge for each dwelling unit and each commercial establishment
to which such service shall be provided under the provisions of this
Article. The service charge for residential refuse services shall
be according to the Schedule of Fees, Title I, Appendix A for the
first container. Residents may request additional containers if needed
for additional charges according to the Schedule of Fees, Title I,
Appendix A. The service charge for each commercial establishment will
be determined by the Director on the basis of quantity and characteristics
of material, point of pickup, and time required to collect the solid
waste if service is performed by the City.
B.
The
service charge shall be terminated upon presentation of satisfactory
proof to the Director that any such dwelling unit or establishment
is unoccupied, and shall be commenced upon renewed occupancy thereof.
C.
The
system of services established by the provisions of this Article is
designed as an integral part of the City's program of health and sanitation,
to be operated as an adjunct to the City's system for providing potable
water and the City's system for providing sewerage disposal. The City
may enforce collection of such charges by bringing proper legal action
against the occupancy of any premises which has received such services,
to recover and sums due for such services plus a reasonable attorney's
fee to be fixed by the court.
D.
The
service charge herein provided for is hereby imposed upon the occupant
of each dwelling unit receiving such service under the provisions
of this Article and billing therefor shall be made to the person contracting
for the City water and/or sewerage service or for other water service
or otherwise providing waste service to each such dwelling unit. In
the absence of information that such person is neither the owner nor
the tenant of such dwelling unit, in which event billing therefor
shall be made to the owner. Service charges shall be payable to the
department empowered to collect service charges imposed by the City.
E.
A ten
percent (10%) delinquent penalty may be charged on all accounts not
paid within the prescribed payment period.
[R.O. 2012 §245.250; Ord. No. 6379 §10, 2-4-1974]
Bond requirements (performance and/or payment) may be required
as set forth in contractual arrangements with private collectors.
