[Adopted 8-21-2006 by Ord. No. 06-21]
Whenever, in the opinion of the Construction
Code Official or his designee, any proposed construction or demolition
will create construction waste and rubbish, he shall require, as a
condition of the issuance of any building or demolition permit, the
placement on or immediately adjacent to the construction premises,
at a place approved by the Construction Code Official, an approved
rubbish or trash collection facility commonly known as "dumpster"
or equivalent, sufficient to hold and remove all construction waste
during the construction activity. The Construction Code Official is
hereby authorized to suspend or revoke any construction or demolition
permit issued if, subsequent to the issuance thereof, it is determined
that a dumpster should be required under this section. Said construction
waste and debris shall not accumulate outside of said container or
shall overflow from said container. Unless physically impracticable,
said dumpster must be located on the property on which the construction
activity actually occurs ("the subject property").
No person shall place or permit to be placed
in any public area, as herein defined, in the City of Salem a construction
dumpster or similar container commonly used for the collection of
building materials, except in compliance with the provisions of this
article.
As used in this article, the following terms
shall have the following meanings indicated:
A container or debris-transfer body commonly used for the
placing or collection of debris and building materials during construction
or renovation.
The Department of Inspections and Permits of the City of
Salem.
The Department of Inspections and Permits of the City of
Salem.
Includes any person, firm, partnership, association, corporation,
company, organization or entity of any type.
Includes any street, sidewalk, highway, public lane, alley,
City parking lot or other public place in the City.
No person shall place or utilize a dumpster
or permit a dumpster to be placed or utilized in a public area in
the City of Salem without first having obtained a permit therefor.
A.
Any person seeking to place, permit to be placed or
utilize a dumpster in a public area in the City of Salem shall do
so only after having obtained a permit from the Department of Inspections
and Permits. In order to obtain a permit, an application for a permit
on a form to be furnished by the Department of Inspections and Permits
shall be filed and the appropriate fee shall be paid.
B.
The application shall require that the applicant specify:
(1)
The address, including the block and lot number(s),
of the property upon which the construction, demolition or other activity
creating the need for the dumpster will occur ("the subject property");
(2)
An explanation why the proposed dumpster cannot be
located on the subject property; and
(3)
The exact proposed location in the public area of
the dumpster, the size and capacity thereof, the length of time that
said use is required and the contemplated use of the dumpster.
C.
The fee for obtaining a permit to place a dumpster
in a public area shall be $50. The permit shall be issued for a term
not to exceed 72 hours and may be renewed upon the written request
of the application without the filing of a new application but upon
payment of an additional fee of $15 per day, based on the applicant's
estimate of the number of days for which the permit shall be required.
D.
The permit shall be issued for a specific period of
time based on the estimate of the applicant at the time the application
is filed.
E.
At the time the application is filed, each applicant
shall have proof of insurance and shall name the City of Salem as
an additional insured and which shall be noncancellable during the
permit period.
F.
Each applicant for a permit to place a dumpster in
a public area shall be responsible for any claim regarding injuries,
property damage, damage to the streets, curbs, and sidewalks or other
improvements in the right-of-way.
G.
No dumpster shall be placed in a public area more
than 24 hours prior to commencement of construction and shall not
remain therein more than 24 hours subsequent to construction being
completed.
H.
No permit shall be issued if the Department of Inspections
and Permits determines that the issuance of a permit will constitute
a danger to public safety or an unwarranted interference with the
efficient movement of traffic.
I.
An application for a permit may be denied for good
cause or issued subject to conditions (including but not limited to
the posting of an appropriate bond). A permit may be revoked at any
time during its term if the placement or use of a dumpster constitutes
a hazard to the health, safety or welfare of the citizens of the City
or for any other reason constitutes a nuisance.
J.
The Mayor may exempt from all but the safety requirement
of this article any persons contracting with the City or its redevelopment
partners.
K.
The City Police Department shall receive a copy of
all permits issued by the Department of Inspections and Permits.
A.
No dumpster shall be placed in a public area unless
it is determined by the Department of Inspections and Permits that
there is not sufficient room on the private property of the person
utilizing the dumpster to place the dumpster and therefore, otherwise
unregulated by this article, shall impede the flow of pedestrian or
vehicular traffic or safety site lines.
B.
Dumpsters may be placed in public areas only upon
the determination of the Department of Inspections and Permits, with
the concurrence of the Police Department, that:
C.
All dumpsters placed in public areas are required
to comply with the following conditions:
(1)
Planking or other wood sheeting of sufficient size
is required to be placed under the wheels or road contact areas to
protect the roadway from damage. If the dumpster has wheels, they
must be chucked to prevent movement.
(2)
Flashing, warning, amber, barricade-mounted lights
are required to be placed on the dumpster to provide a visual warning
to those utilizing the roadway or public right-of-way. The lights
are required to be operable at all times.
(3)
No dumpster shall be permitted in a public area the
placement of which interferes with the free and safe flow of traffic
or which otherwise stands in a hazardous location.
(4)
Dumpsters shall not be permitted to be placed in a
public area on certain designated holidays, sale days and special
event days that occur from time to time during the year.
D.
Upon removal of the dumpster, the public area shall
be swept clean of all loose debris and restored to its former condition
in accord with the standards of the Public Works Department of the
City of Salem.
E.
All dumpsters shall at all times be kept in good repair
and shall be structurally sound and leakproof and shall be painted
as to prevent the show of rust or deterioration and shall be constructed
to stand firmly upright.
Any person who has been convicted of an offense
of any section of this article may be sentenced to pay a fine, such
fine not less than $100, nor more than $1,000, or imprisonment for
a term not exceeding 90 days or a period of community service not
exceeding 90 days.
A.
In the event that the applicant, the owner of the
subject property or any person associated with a dumpster placed in
a public area shall refuse, neglect or be otherwise unable or unavailable
to remove said dumpster from the public area within such time as is
deemed reasonable or necessary under the circumstances by the Department
of Permits and Inspections and/or Police Department, then in such
event the dumpster may be removed by the City, and the office in charge
of said removal shall certify the cost thereof on an appropriate certificate
to the City, Council.
B.
If said certificate is found correct, the Council
shall cause the cost of removal as shown thereon to be charged against
the subject property, and the amount so charged shall forthwith become
a lien upon said property and shall be controlled by the same officers
and in the same manner as other taxes.
