§ 8.12.180. Location of containers.

A.

Containers for the storage of solid wastes and recyclable materials awaiting collection shall be placed out-of-doors at some easily accessible place by the owner or occupant of the premises served. With regard to recyclable materials, they shall be placed at curbside at a place designated by the licensed collector. Solid waste collection vehicles will not be permitted to use unsurfaced residential alleys for solid waste collection.

B.

Variances. Upon proper application, property owners adjoining alleys may seek a variance from the city council to allow garbage trucks to use unsurfaced residential alleys.

1.

Property owners seeking a variance shall submit a written petition for same to the city engineer. The petition shall request that a particular alley be opened for garbage truck use and that the signers thereof agree to perform and pay all future costs of maintenance and repairs to the alley. The petition must contain the signatures of all property owners adjoining the alley to be opened, their addresses and phone numbers. The petition shall contain a statement that by signing the petition, the signatories, should they fail to pay all costs voluntarily, consent to any and all costs of maintenance and repair of the alley being assessed against their property. The petition shall have attached to it a map showing the alley to be opened to garbage truck traffic and the names of all owners of real estate adjacent thereto. In addition, each petition shall have attached to it when filed an affidavit executed by the circulator certifying the number of signatures, that he or she personally circulated it, that the signatures were affixed in his or her presence, that he or she believes them to be genuine signatures of the persons whose names they purport to be, and that each signer had the opportunity before signing to read the petition.

2.

Upon receipt of a proper written petition as described above, the city engineer or his designee shall review the petition and present same to the city council. Unless unusual circumstances exist and if all the requirements of subsection (B)(1) of this section have been met, the city council may grant the variance. It is the responsibility of the city engineer to inform the council of any unusual circumstances or any deficiencies in the petition.

C.

If containers are placed at curbside by the owner or occupant of the premises served, said containers shall not be allowed to remain at curbside for more than twenty-four consecutive hours. Placement of containers at curbside for more than twenty-four consecutive hours shall constitute a nuisance and be enforceable in accordance with the nuisance provisions of this code.

(Ord. 913 §1, 1994; Ord. 908 §1, 1993; Ord. 892 §1, 1993; Ord. 884 §6, 1993: prior code §3-4.0206)