[Amended 10-1-2007 by Ord. No. 07-02]
An Ordinance of the Code of the City of Corunna to establish
the solid waste policy of the City of Corunna and to require mandatory
refuse pickup.
[Amended 10-1-2007 by Ord. No. 07-02]
This chapter shall be referred to as "The Refuse Management
Ordinance of the City of Corunna."
[Amended 10-1-2007 by Ord. No. 07-02]
It is hereby declared to be necessary to govern the storage,
collection, transportation and disposal of refuse and other rejected,
unwanted or discarded waste materials within the limits of the City
so that the public health, safety and welfare may be protected. It
is the intent of the City Council that this chapter be liberally construed,
in accordance with Act 641 of PA of 1978, MCL 299.401, et. seq., MSA
13.29(1), et. seq., the Solid Waste Management Act ("Act 164").
It is hereby further declared to be a municipal concern to reduce
the size of the solid waste stream generated from the residents of
the City of Corunna. To that end, the City has adopted this chapter.
Each owner, occupant or person in possession of any premises
shall be responsible for disposal of his or her refuse in accordance
with this chapter and in accordance with the rules and regulations
promulgated under this chapter.
[Amended 10-1-2007 by Ord. No. 07-02]
(a)
Single or two unit owner occupied residential. Any
owner of any single or two unit owner occupied residential property
shall provide for weekly refuse collection by either City curbside
refuse pickup or by private backdoor refuse pickup.
(b)
Single and two unit non-owner occupied residential.
Any owner of any single or two unit non-owner occupied residential
rental property shall provide for weekly refuse collection by City
curbside refuse pickup.
(c)
Multi-family residential. Any owner of any multi-family
(three units or more) residential rental property shall provide for
weekly refuse collection by either City curbside refuse pickup or
private contractor refuse pickup.
[Amended 10-1-2007 by Ord. No. 07-02]
(a)
City curbside refuse pickup. Participation in the City
curbside refuse pickup with City billing & collection shall constitute
proof of weekly residential refuse pickup.
(b)
Private backdoor refuse pickup. Property owners who
are eligible for the optional private backdoor refuse pickup shall
be required to provide to the City a signed option declaration form
stating that they are opting out of the City curbside refuse pickup
service and agree to be responsible for disposal of his or her refuse
in accordance with the provisions, rules and regulations of this chapter.
Failure to provide such form, comply with the provisions of this chapter,
or unauthorized use without payment of the City curbside refuse pickup
shall result in automatic and involuntary assignment to the City curbside
refuse pickup for a minimum of one year.
[Amended 10-1-2007 by Ord. No. 07-02]
The authority to inspect, investigate and report on the collection,
transportation, recycling and disposal of refuse and other waste material
by any licensee under this article is vested in the City Manager,
or his/her designee.
The City Manager is hereby authorized to make such rules and
regulations as from time to time appear to him or her to be necessary
to carry out the intent of this chapter, provided that such rules
are not in conflict with this or any other law of the City or any
other government with jurisdiction, and provided, further, that such
rules are approved by the City Council. Administration of such rules
and regulations so approved by the City Council will be at the discretion
of the City Manager. Failure to observe any approved rule or regulation
shall be a violation of this chapter. Such rules and regulations shall
be published and available for distribution at the City Clerk's
office.
[Amended 10-1-2007 by Ord. No. 07-02]
Every owner, occupant or person in possession of real or personal
property in the City is required to have accumulations of refuse removed
and disposed of in accordance with this chapter and in accordance
with the rules and regulations promulgated under this chapter.
[Amended 10-1-2007 by Ord. No. 07-02]
No owner, occupant, tenant or lessee of any building, structure,
property or premises in the City shall store, collect, transport or
dispose of any refuse, garbage, rubbish or other rejected, unwanted
or discharged waste materials, except in compliance with this chapter
and applicable county, state and federal statutes, rules and regulations.
[Amended 10-1-2007 by Ord. No. 07-02; 7-16-2012 by Ord. No. 12-03]
(a)
Unless the context clearly indicates otherwise, the
following rules of construction shall apply: Where the text uses the
negative of a defined word, the negative of the definition shall be
applied. The definition of a verb or a noun shall be used in an appropriate
fashion where the adverbial or adjectival form of the word is used.
(b)
All words and phrases used in this article shall be
given their common and normal meaning unless defined in this section.
Words and phrases defined in this section shall be given the meaning
indicated in the interpretation and enforcement of this chapter.
(1)
APPROVED INCINERATOR — An incinerator constructed,
approved and operated in accordance with the BOCA Basic Fire Prevention
Code and its amendments, which from time to time become adopted, the
BOCA Basic Mechanical Code and its amendments, which from time to
time become adopted, the Department of Natural Resources, Air Quality
Control Division.
(2)
MUNICIPAL SOLID WASTE — All waste generated
by residential and commercial occupants of land within the City including
mixed waste, recyclables and yard waste.
(3)
MIXED WASTE — A mixture of garbage, rubbish
and bulk items.
(4)
BULK ITEMS — Large pieces of furniture, bed
springs, mattresses, appliances (including stoves), refrigerators,
washing machines, dryers, etc. and sometimes referred to as "white
goods" and other discarded materials incidental to the usual major
routine of housekeeping.
(5)
GARBAGE — All rejected food wastes including
waste accumulation of animal, fruit or vegetable matter used or intended
for food or those items for the preparation, use, cooking, dealing
in or storing of meat, fish, fowl, fruit or vegetable.
(6)
RUBBISH — Solid waste materials resulting from
house maintenance and cleaning means, nonputrescible solid waste,
including cold ashes consisting of both combustible and non-combustible
waste, including paper, cardboard, non-recyclable metal containers,
bedding, crockery, floor sweepings, empty paint cans with lids removed,
rags and other items, or litter of any kind including "recyclable
materials" that may be a detriment to the public health and safety.
(7)
RECYCLABLE MATERIALS — Materials such as newspapers,
junk mail, paper, glass, metal cans, plastics, aluminum, household
batteries, gray board and other materials designated by the City.
(8)
YARD WASTE — Miscellaneous waste material resulting
from maintaining the landscaping of a home which includes (but not
limited to) grass clippings, flowers, weeds, shrub clippings, small
twigs, leaves and other garden debris.
(9)
BRUSH — Branches, vines, tree limbs, tree trunks,
stumps and other tree and brush trimmings.
(10)
COMPOST — A dark, crumbly and earthy-smelling
form of decomposing organic matter, also called humus. Compost, a
useful soil amendment is the result of the composting process.
(11)
COMPOST BIN — A receptacle for a compost pile
designed and constructed to facilitate composting.
(12)
COMPOST PILE — An accumulation of yard waste
and other compostable materials.
(13)
GRAY BOARD — Cardboard that is not corrugated.
(14)
HOUSEHOLD HAZARDOUS WASTE — An accumulation
of liquid automobile products, mercury batteries, gardening pesticides,
weed killers and poisons, personal and health care products especially
aerosol containers, paint cans with paint, household products including
oven cleaners, acid, chemicals, poisons and aerosol cans.
(15)
CITY CURBSIDE REFUSE PICKUP — Includes all
property owners receiving city-wide refuse collection.
(16)
PRIVATE BACKDOOR REFUSE PICKUP — Includes
all property owners opting out of the City curbside refuse pickup.
(17)
COMMERCIAL PREMISES — All non-residential
premises and residential premises which consist of more than two living
units.
(18)
CURBSIDE — Refers to the area along City streets
between the sidewalk and the curb, or if there is no sidewalk, the
area most adjacent to the curb or street, if there is no curb.
(19)
LICENSEE — A person who has been issued a
license to collect, transport and dispose of refuse from within the
City.
(20)
NUISANCE — Any act, omission, defect or condition
that threatens danger to, or which may be detrimental to, the lives,
health or safety of the public.
(21)
PERSON — A natural person, firm, partnership,
association or corporation.
(22)
PLASTIC BAGS — Polyethylene or similar plastic
bags of not less than 1 1/2 mills thickness designed to store
refuse, secured in a manner to be made fly-tight by securely fastening
the top with wire, string or ties appropriate for this purpose.
(23)
PREMISES — A parcel of land, including any
buildings, improvements or appurtenances thereon, which by legal construction
or by actuality, forms one enclosure with it. This article applies
to all premises or estates located within the City limits.
(24)
SENIOR — A person who is age 62 or older and
the head of the household at the service address.
(25)
CONTAINER — A water tight receptacle, either
galvanized metal or heavy duty plastic, with both handles and lid,
and shall have a capacity capable of servicing the needs of the property.
Containers shall be in compliance with the rules and regulations of
the garbage collection provider.
(26)
BAG — Plastic bags of good quality, tied shut
and able to withstand lifting by the top without breaking. Bags shall
be in compliance with the rules and regulations of the garbage collection
provider.
[Amended 10-1-2007 by Ord. No. 07-02]
A proper and sufficient number of portable containers for the
storage of mixed waste between collections shall be provided by the
property owner of all single-family, two-unit or optioned multiple
family dwelling. It shall be the duty of the occupants to maintain
such containers in good repair and in a clean and satisfactory condition
to store mixed waste properly therein. The City is not responsible
for lost or damaged containers. No permanent dumpsters shall be allowed
on single-family or two-unit residentially occupied properties within
the City except as follows: Dumpsters for use during construction,
remodeling, yard or home cleanup shall be considered temporary and
allowed the lesser of completion of the project or 30 days. Additional
days must have approval of the City Manager.
[Amended 10-1-2007 by Ord. No. 07-02]
In the case of a building housing three or more residential units, the owner, lessee or agent, of the premises shall provide an on-site dumpster or sufficient collection receptacles with minimum weekly pickups, or more frequently if needed to meet the on-site collection demands of the premises. The owner, lessee, agent or caretaker of such receptacles shall maintain them in good repair and in a clean and sanitary condition. All dumpsters must comply with any or all rules and regulations at set by the City Council and or Planning Commission. Multiple family dwellings may opt to receive City curbside refuse pickup, provided that each and every unit is to have the number of containers equivalent to the service level of a single family as provided for in § 62-20.
[Amended 10-1-2007 by Ord. No. 07-02]
The proprietor, manager, agent or person in charge of a commercial
or industrial establishment, office, church, school or other non-residential
occupancy where solid waste materials accumulate, shall provide proper
and sufficient containers as herein defined for the storage of mixed
waste between collections. All containers shall be kept clean and
in good repair.
[Amended 10-1-2007 by Ord. No. 07-02; 7-16-2012 by Ord. No. 12-03]
[Amended 10-1-2007 by Ord. No. 07-02]
It shall be unlawful for any person, firm, corporation, organization
or business entity to use or place waste materials into a container
not designated for their use or owned by them.
[Amended 10-1-2007 by Ord. No. 07-02; 7-16-2012 by Ord. No. 12-03]
(a)
Recyclable materials. Recycling materials for collection
may be placed in recycling containers as may provided for by City
curbside refuse pickup or by private backdoor refuse pickup.
(b)
Bulk items. Large household furnishings or bulk items
may be provided for by City curbside refuse pickup or by private backdoor
refuse pickup. Bulk items shall be in compliance with the rules and
regulations of the garbage collection provider.
(c)
Other items. Waste oil, contractor's debris, household
hazardous waste, pesticides and other chemicals, concrete, bricks,
dirt, hot ashes and other items identified by City rules and regulations
will not be collected by City curbside refuse pickup.
[Amended 10-1-2007 by Ord. No. 07-02; 7-16-2012 by Ord. No. 12-03]
(a)
Placing of containers at curbside. Containers shall
be placed at curbside not later than the time of collection, and no
earlier than 7:00 p.m. the day prior to collection or as otherwise
defined under the rules and regulations established in accordance
with this chapter by the City Manager and the City Council.
(b)
Removal of containers from curbside. After collection,
empty containers shall be removed promptly by the owner, lessee or
occupant of the premises, but no later than 7:00 p.m. on the day of
collection or as otherwise defined under the rules and regulations
established in accordance with this chapter by the City Manager and
the City Council.
(c)
Placing of bags at curbside. Bags shall be placed at
curbside not later than the time of collection, and no earlier than
6:00 a.m. the day of collection or as otherwise defined under the
rules and regulations established in accordance with this chapter
by the City Manager and the City Council.
[Amended 10-1-2007 by Ord. No. 07-02]
Residential curbside waste shall be placed at curbside. Garbage
containers shall be emptied at least once each week. Garbage containers
shall be kept in a sanitary condition with the outside of the containers
free from grease and decomposed material. Each container shall be
placed in a location reasonably close to the street upon which the
dwelling or building fronts, and accessible to the vehicle of the
garbage collector and subject to any other rules and regulations deemed
necessary under the provisions of this chapter.
[Amended 10-1-2007 by Ord. No. 07-02]
All persons owning or occupying premises in the City utilizing
private backdoor refuse pickup shall place and keep all refuse containers
as near to the back entrance of the building on the premises as is
reasonably possible, except that where an alley runs along the rear
of the premises, the refuse container may be placed and/or kept on
the premises next to the alley provided it is shielded from view from
any street by shrubbery and/or a building and/or other reasonable
screening structure which does not detract from the average view of
the neighborhood.
All refuse pickups shall be made from the place of keeping of
the refuse container as described, and all refuse containers which
are not taken away by the refuse collector shall be returned by the
refuse collector to the place of keeping. Garbage containers shall
be emptied at least once each week. Garbage containers shall be kept
in a sanitary condition with the outside of the containers free from
grease and decomposed material. No refuse collector shall be required
to go into any building to pick up refuse there from.
The placement of containers next to a street is prohibited for
private backdoor refuse pickup.
(a)
It shall be unlawful for any person owning or occupying
any premises in the City utilizing private backdoor refuse pickup
to place any refuse and/or refuse container along any curb or next
to any street for pickup by any refuse collector.
(b)
It shall be unlawful for any garbage and/or refuse
collector providing private backdoor refuse pickup to advise and encourage
and/or request any owner or occupant of any premises in the City to
place any refuse and/or refuse container at or near the curb or street
for pickup.
[Amended 10-1-2007 by Ord. No. 07-02]
The City of Corunna Yard Waste & Brush Yard will be subject to the rules and regulations so established by the City Council in conjunction with this chapter. Violation of said rules shall be considered a violation of this chapter punishable as described in § 62-129.
[Amended 10-1-2007 by Ord. No. 07-02]
A compost pile shall be permitted on residential property only
in accordance with the following:
(a)
Such compost pile shall be located a minimum of 10
feet from any lot line and 30 feet from any dwelling located on adjacent
property.
(b)
Such compost pile or compost bin shall not exceed 50
square feet. A maximum of one compost pile or compost bin shall be
allowed on any single property.
(c)
Compost piles and compost bins may include a combination
of yard waste, garden and lawn trimmings and debris including (but
not limited to) grass clippings, leaves, weeds, twigs, wood chips,
small branches, bark peelings, spent flowers, coffee grounds, tea
leaves, vegetables and fruit peelings, cabbage and lettuce leaves.
(d)
Compost piles and compost bins shall not include garbage
(with the exception of coffee grounds, tea leaves, vegetables and
fruit peelings, cabbage and lettuce leaves), pet manures, plastics,
synthetics or other biodegradable materials or materials which create
offensive odors.
(e)
Compost piles and compost bins shall be maintained
to prevent the attraction and harborage of rodents and pets and to
prevent the escape of offensive odors to adjacent property.
(f)
Compost piles and compost bins which do not conform
to this section shall constitute a nuisance per se and shall be abated
in addition to any other applicable penalties.
(g)
Composting on residential property shall only be for
permitted items generated by the occupant of the residential property.
[Amended 10-1-2007 by Ord. No. 07-02]
The City of Corunna encourages the reduction of yard waste through
mulching or composting on the premises where generated.
[Amended 10-1-2007 by Ord. No. 07-02]
The person, entity or business removing the yard waste shall
be obligated to dispose of it by composting or delivery to an approved
site.
