Article 1. Solid Waste
15.1.1. Residential trash collection.
A. Each owner of each occupied residential dwelling shall provide for weekly trash collection from such residential dwelling by a licensed solid waste collection company. Each owner of each multiple family dwelling, apartment and mobile home park shall make available to the occupants residential trash collection service which shall at all times be made available for convenient, unobstructed use and access to both the solid waste collector and the occupant. Access shall not be considered obstructed as long as the collector is able to pick up the container, whether or not the same is located in any unlocked fence or garage.
B. The City may, as part of its Solid Waste Utility, contract with a solid waste provider to provide solid waste collection services. Residential property owners may select the City’s preferred provider to provide the solid waste collection services to any residential property, or may individually contract with a provider to provide such service.
15.1.2. Dumping waste prohibited.
It shall be unlawful for any person to place, leave or dump any garbage, rubbish, trash or debris on any public or private property, whether improved or vacant, not his or her own, nor within another party’s trash collection receptacle, without the direct and express permission of the property owner.
15.1.3. Refuse containers.
A. General Storage. All solid waste shall be stored so that:
1. it does not attract birds; or rats, flies, mosquitoes or other disease vectors;
2. it does not provide shelter or a breeding place for disease vectors;
3. it does not create a health or safety hazard;
4. it is not unsightly; and
5. the production of offensive odors is minimized
B. Residential. No garbage and trash receptacles shall be stored in a front yard a distance of more than six (6) feet from the front of the house. The requirement in this subsection shall not apply on those days that refuse collection has been scheduled for that location.
C. Commercial. The owner or occupant of every institutional, commercial, industrial, business, apartment building with four or more residential units, or other non-residential establishment, from which solid waste collection is made under these regulations, shall place all solid waste in proper containers, including dumpsters, that have been designed and manufactured specifically for storage and collection of solid waste, 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.
All solid waste containers, whether containing solid waste or not, shall be screened at all times other than when placed out for collection within the allowable collection time period, and such containers shall be located on an all-weather surface located behind the existing building line or at another location approved in writing by the enforcing officer. Screening shall be provided to reasonably hide from ground level view all trash receptacles from public view. Walls and fences may be used in combination with berms and plantings to screen commercial trash receptacles from view on at least three sides when such trash receptacle is visible from adjoining street rights-of- way or from adjoining properties which are zoned to be used for residential purposes. Said all weather surface and screening shall be constructed pursuant to a permit issued by the city, and shall conform to the meaning of those terms as utilized by the nuisance and zoning codes of this city. The fee for said permit is hereby waived.
An exception to this section is made for certain industrially zoned properties. Solid waste containers located in areas zoned as industrial may be stored behind structures located upon the property to screen such containers from view from the street when such industrially zoned property is abutted by other industrially zoned property on all sides except for the street frontage. This exception specifically excludes industrially zoned properties abutting residential or commercial properties.
15.1.4. Responsibility of Code Enforcement Officer.
The Code Enforcement Officer of the City of Bel Aire, as designated by the City Manager, shall be responsible for the enforcement of this Chapter and is hereby authorized to make such investigations, to issue notices, orders and directions, and/or citations as are necessary for the enforcement of the provisions of this Chapter.
15.1.5. Enforcement.
Whenever the code enforcement officer determines that there has been a violation of any provisions of this Chapter, he or she is hereby authorized to take administrative action to correct the violation, and/or file a complaint in the municipal court.
15.1.6. Enforcement officers.
Enforcement of this Chapter within the boundaries of the City shall be by the Director, Building Inspector, City Clerk, or other designated enforcement official(s) of the City (enforcing officer).
15.1.7. Enforcement; enforcement actions not exclusive.
A. Violation of any provision of this Chapter may result in discontinuance of water service in conformance with the provisions set forth within this Chapter. Upon failure of the owner or agent to have the defect corrected by the end of the time provided within the notice, the enforcing officer may, if in the enforcing officer’s judgment an imminent health hazard exists, cause the water service to the building or premises to be disconnected. All regulation disconnect/reconnect fees and provisions shall apply.
B. Violation of any provision of this Chapter is grounds for prosecution of the property owner, resident, account holder, permit holder, or any other responsible party.
C. The prosecution and/or imposition of the penalties herein prescribed shall not preclude the City from instituting an appropriate action to restrain, correct, or abate a violation of this Chapter as a civil or administrative action, and specific authority for such is hereby granted to take any action or impose any penalty allowed by the State law, this Chapter or any provision of this Code.
D. All provisions of Chapter 16, Article 6 relating to administrative actions, imposition of a lien, or criminal enforcement actions, shall be incorporated herein and made applicable to this Chapter.
15.1.8. Continuing violation.
Each day that any violation of this Chapter continues shall constitute a separate offense and be punishable hereunder as a separate violation.
15.1.9. Penalty.
Any person convicted of a violation of this Chapter shall be punished by a fine in accordance with the general penalty provisions set forth in Chapter 1 of this code. The Municipal Judge may also order the abatement of the violation as a term of sentence, or impose a term of probation during which the property shall be monitored for reoccurrence of such violation(s). In addition, the municipal court is hereby authorized, after giving proper notice, to give to any city law enforcement officer or health officer the right to enter into or upon any premises or establishment for the purpose of making thorough examinations and for the further purposes of causing any violations to be abated or suppressed.
15.1.10. Authorization to contract for services.
In the event the owner, occupant or owner’s agent fails to comply as set forth in this Chapter and it becomes necessary for the enforcing officer to remove and abate the violation(s), including nuisance accumulations of solid waste upon such property, such officer is hereby authorized to contract with a service agent for, and obtain such services and equipment, public or private, as the enforcing officer deems necessary and appropriate to complete the tasks enumerated herein, and the enforcing officer shall adhere to and comply with all applicable laws, regulations, ordinances and City policies concerning the procurement of services.
15.1.11. Liability.
Requirements of this Chapter shall not be construed as imposing on the City, its officers, agents, or employees, any liability or responsibility for any damages to any property or any injury to any person due to defective installation or any other reason.
15.1.12. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.