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HomeMy WebLinkAbout024069 ORD - 06/20/2000 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 1, GENERAL PROVISIONS, CHAPTER 12, BOATS, BAYS AND WA TERWA YS, CHAPTER 21, GARBAGE, TRASH, AND OTHER REFUSE, CHAPTER 49, STREETS AND SIDEWALKS, REGARDING SOLID WASTE SERVICES, THE DISPOSAL OF GARBAGE, TRASH AND OTHER REFUSE, AND THE CONTROL OF LITTER, INCLUDING INCREASES IN FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City's ordinances relating to the disposal of solid wastes and the control of litter were last revised in 1974 and 1989, changes in the ordinances are needed to reflect the current level of services and policies of the Solid Waste Services Department and to further the City's efforts to meet the latest mandates relating to the handling and disposal of solid waste by the Environmental Protection Agency and Texas Natural Resource Conservation Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 21, Garbage, Trash, and Other Refuse, of the Code of Ordinances, City of Corpus Christi, is revised to read as follows: Chapter 21 GARBAGE, TRASH AND OTHER REFUSE Art. I. In General, ~~ 21-1 - 21-9 Art. II. Collection Services, ~~ 21-10 - 21-29 Art. III. Disposal Services, ~~ 21-30 - 21-39 Art. IV. Resource Recovery Fee Schedules, ~li 21-40 - 21-49 Art. V. Business or Commercial Establishments, lili 21-50 - 21.59 Art. VI. Regulation of Fill Materials, lili 21-60 - 21-69 Art, VII. Control of Refuse, lili 21-70 - 21-79 Art. VIII. Solid Waste Permits, lili 21-80 - 21-99 Art. IX. Large Item Buy Back Program, lili 21-100 - 21-101 R63302AR. wpd ~'210fi9 2 ARTICLE I. IN GENERAL Sec, 21-1. Definitions. As used in this chapter, the following terms mean: Act: The Solid Waste Disposal Act, as amended, 42 U.S.C. 6901 et seq. Bulkv items: The followina larae items that have been specificallv authorized for collection of specified days under Section of this ordinance: indoor and outdoor furniture. mattresses and box sprinas. carpel. swina sets. plastic swimmina pools, larae tOYS, bicvcles. fish aauariums. and larae household appliances. CERCLA: The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. Clean dime,1S;Orl8: ,'tJmbe,- wood waste: Individual piece~ of wood of the type normally sold by lumber yards and home improvement centers that is free of mti\g--hardware and other lame fasteners, such as hinaes, hurricane straps, latches, etc.. has not been painted, or and is not attached to concrete, wallboard, roofing materials, or other construction materials. Collection services: The service of collecting solid waste and transporting it to a point of final disposition. Construction/demolition materials: Waste resulting from construction or demolition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Conventional refuse receptacle: A conventional refuse receptacle is a container constructed of some substantial leakproof material (galvanized metal, aluminum, plastic, or rubberized vinyl), of the type commonly sold in retail establishments, with a tight-fitting lid or cover with handles sufficiently strong for-to be safely handled by a collector. Current utility bill: A current utility bill is a bill issued by the City's Utility Business Office that includes a charge for curbside collection of garbage, which tmrt-was issued within 60 days of the date on which a service is sought Customer. A person who receives collection services from Solid Waste Services. Debris: Large waste materials, such as indoor and outdoor furniture, mattresses and box springs, carpet, sYVing sets, plastic sl/Ilimming pools, toys, bicycles, fish aquariums, large household appliances, constructionldemolition materials, and similar I J1!lterials R63302AR. wpd 3 found in residential nousel,old, but does FIOt include ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Director. The Director of Solid Waste Services of the City of Corpus Christi, or a designated representative of the Director. Disposal services: The service of disposing of solid waste at a municipal solid waste landfill site or other point of disposal. Garbage: Putrescible animal or vegetable matter, such as waste material and refuse usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial byproducts. Hazardous waste: Hazardous waste means solid waste identified and listed as a hazardous waste by the Administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.). Heavy brush: Tree and shrub limbs and trimmings, which are greater than 3 inches in diameter, tree trunks, root balls, and other large plant matter. Household appliance: General household appliance that will not fit into a refuse receptacle including: Non-metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non-metallic parts Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste: Garbage, rubbish, yard waste, neav}' brtJsn, debris, and limited constructionldemolition materials commonly generated by a residential household, which can be placed within a conventional refuse receptacle that weighs less than fifty (50) pounds. Litter. Any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam~ lor other similar materiall, bottles, glass, candy or gum wrappers, remnants of food, cans, or remnants or parts thereof, or any material of an unsanitary nature. Medical waste: Waste generated by ~ealth-care related facilities and associated health-care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. R63302AR.wpd 4 Rear door pick-up: Collection service where solid waste is picked up in a location other than the designated standard collection point. Recyclable: A waste material, which has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose that may be reused, sold as a commodity, or converted into another product. Refuse: A mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Rubbish: Non-decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Solid waste: Garbage, rubbish, yard waste, heavy brush, debris, and construction/demolition materials. Tipping fee rate: The rate charged to a commercial vehicle disposing of solid waste at a City disposal site. TNRCC: Texas Natural Resource Conservation Commission. Trash: A single item of rubbish, not otherwise defined as debris or construction/demolition material, but including a small household appliance~ that will not fit into a conventional refuse receptacle. Yard waste: Grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. Sec. 21-2. Conflicts with Other Laws. Nothing in this chapter is intended nor shall any part or portion hereof be construed so as to conflict with any applicable provisions of the Act, CERCLA, Texas Health and Safety Code, or Texas Water Code. Sec. 21-3. Penalties for violation of this chapter, (a) Any person that intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000.00) per violation per day. R63302AR.wpd 5 (b) Any person who intentionally, knowingly, recklessly, or with criminal negligence makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, under this chapter; or falsifies or tampers with any name or permit number required to be displayed on a vehicle or container; or falsifies, tampers with, or renders inaccurate any scale or measuring device or method required under this article shall, upon conviction, be punished by a fine of not more than two thousand dollars ($2,000.00) nor less than one thousand dollars ($1,000.00) per violation per day. (c) In the event of a second conviction for a violation under subsection (b) of this section, a person shall be punished by a fine of not less than two thousand dollars ($2,000.00) per violation per day. Sec. 21-4. Mulch sales. (a) The director of solid waste services shall sell mulch from the city's brush and vardwaste arindina proaram based on the followina fee schedule: Upto 10 tons. per ton .... $10.00 Over 10 tons. per ton. . . . 9.00 (b) The director of solid waste services shall allow residential customers to load for themselves. at no charae. small auantities of mulch, UP to one pickup truck load. Sees. 21-5 - 21-9. Reserved. ARTICLE II. COLLECTION SERVICES Sec. 21-10. Collection services available, unless properly refused. (a) The collection services of the Solid Waste Services Department shall be available to every residence, business, or commercial establishment or other occupied premises within the City of Corpus Christi. Collection services are provided only for waste generated at the premises for which the required fees are paid. (b) Except as otherwise provided by this section, all owners, occupants, lessees, or tenants of residential properties shall subscribe to the City's collection services and shall pay the applicable charges. (c) Any owner, occupant, tenant or lessee of a business or commercial establishment or residential properties containing more than two (2) family dwellings, who does not desire the collection services of the Department provided for in this article shall not receive the services and shall not be charged for such services upon .....ritten notification to tl"l.:; Director of the City's Utilitv Business Office that: R63302AR.wpd 6 (1) The person does not want the services rendered to the premises; (2) The person intends to and will remove the accumulated solid waste at the premises; (3) The person will keep the premises in such condition that the person will not violate the applicable provisions of this Code and other ordinances; and (4) The person will not, after such notice, use directly or indirectly the collection services of the Department. (d) If any owner, occupant, tenant or lessee who files such notice fails to comply with these conditions, then the Director shall make the collection services of the Department available and the customer shall pay all applicable charges. (e) For purposes of this section, all premises required by this ordinance to subscribe to City collection services which were legally served by a private collection service on January 10, 1989, are exempt from the requirement to subscribe to collection services of the Department until such time as the private collection service ceases for the particular property served. (f) Nothing contained in this section prohibits the Department from serving such premises at the request of the residents. (g) All residential properties exempted by this section shall subscribe to collection services of the Department upon the termination of the private collection service. (h) Collection services of the Department are available to premises outside the City, if the owner of the premises has contractually agreed to annex the premises to the City of Corpus Christi. (i) T1ge Department "ill not pick up loose litter or scattered ..asle tnat are f1elt properly contained or piled for collection. Sec. 21-11. Recycling program. (a) The recycling program of the Solid Waste Services Department collects recyclables from single family residences that receive collection services from the Department. (b) Recyclables shall be set out for collection before 7:30 a.m. on the designated collection day. (c) Recyclables shall be placed in a recyclina bin available from the Solid Waste Services Department or other conventional refuse receptacle that is clearly identified with the recyclina symbol provided by the Department. Containers with recyclables R63302AR. wpd 7 shall be separated from other solid waste. which are set out for collection. bv at least five (5) feet. !ill"Recyclables set out for collection are City property. Removal of recyclables from a container set out for collection by other than an occupant of the premises or a Department employee is a violation of this ordinance. Theft of recyclables may be prosecuted under the Penal Code. Sec. 21-12. Tree limbs, grass clippings, etc. (e.g., light brush yard waste) (a) Yard waste shall be collected on a regularly published schedule basis. (b) Yard waste shall be the only waste material(s) collected on the scheduled day and shall not be collected on any other day. No other litter. qarbaqe. refuse. debris, heavy brush, or trash may be co-minqled with the yard waste. (c) Unless bagged or placed in receptacles, only ooe-pile2 no larger than three (3) two and a half (2 Y:,) feet high, by four (4) feet wide, by five (5) long shall be collected. - (d) Yard waste shall be set out for collection before 7:30 a.m. on the designated collection day, but may not be set out earlier than the Saturday immediately before the designated collection day. (e) Tree and shrub limbs set out to be collected as yard waste must be three (3) inches or less in diameter and not more than five (5) feet in length. (f) Grass clippings, leaves, weeds, and other small yard waste materials must be bagged or placed in a receptacle. (q) Yard waste shall qenerally be collected in the same location as qarbaqe is collected as provided bv section 21-22. Rear door qarbaqe collection customers shall set out yard waste on the curb or allev service location. Yard waste may not be set out in the side yard of a residence. if the side yard adioins an arterial or collector street. (h) Yard waste may be placed in the riqht-of-wav, but may not be placed on the street pavement in the qutter. on the sidewalk, or in a drainaqe ditch. Except the Director may allow yard waste to be placed in roadside drainaqe ditches when there is no practical alternative. However. the person who places any yard waste in a roadside drainaqe ditch may be liable for any floodinq damaqe caused bv the yard waste. The owner or occupant of a residence or business, who authorizes. directs, or allows yard waste to be placed in a drainaqe ditch on or adiacent to the person's property. also may be liable for any f100dinq damaqe caused by the yard waste. (i) The Director may assess a surcharqe. as provided in section 21-40(a)(11), that will be applied to the customer's next monthlv utilitv bill if other solid waste that cannot be composted are co-minqled with the yard waste set out for collection. R63302AR. wpd 8 Sec. 21-13. Heavv brush and clean wood waste collection. (a) Heavy brush and clean dimeFlsionalluFl,ber wood waste. which is not mixed with other construction/demolition material or any other waste, shall be collected from customers on a reaularly scheduled basis as published in local media. (b) No other litter, aarbaae. refuse, bulky items. debris, or trash may be co-minaled with the heavy brush and clean wood waste set out for collection. (c) HeaVY brush and clean wood waste shall aenerally be collected in the same location as aarbaae is collected as provided by section 21-22. Rear door aarbaae collection customers shall set out heavy brush and clean wood waste at the curb or alley seNice location. Heavy brush and clean wood waste may not be set out in the side yard of a residence. if the side yard adioins an arterial or collector street. (d) Heavy brush and clean wood waste may be placed in the rioht-of-way, but may not be placed on the street pavement. in the a utter, on the sidewalk, or in a drainaae ditch. Except the Director may allow heavy brush and clean wood waste to be placed in roadside drainaae ditches when there is no practical alternative. However, the person who places any heavy brush and clean wood waste in a roadside drainaae ditch may be liable for any floodina damaae caused by the heavy brush and clean wood waste. The owner or occupant of a residence or business. who authorizes, directs. or allows heavy brush and clean wood waste to be placed in a drainaae ditch on or adiacent to the person's property. also may be liable for any floodina damaae caused bY the heavy brush and clean wood waste. (e) Heavy brush and clean wood waste may be set out only on days desianated for set out for that address. {1) Notice of the sections of the City that are allowed to set out heavy brush and clean wood waste is published weekly in a paper of aeneral distribution within the City. Information is also available by telephonina the Solid Waste SeNices Department. (2) It is a defense to prosecution for violation of this section that the heavy brush and clean wood waste was set out on an unauthorized dav if the heavv brush and clean wood waste was set out after the authorized set out period, but before the next heavy brush/clean wood waste pickup at that address. The property owner or occupant has the burden of provina the date the heavy brush and clean wood waste was set out and the date of the next heavy brush/clean wood waste pickup. (f) In addition to any fines that miaht result from a violation of this provision, a special fee. as provided by section 21-40(a)(11), shall be charaed for each truckload (or maior fraction there of) of heavy brush or clean wood waste: R63302AR. wpd 9 (1) Which was placed for collection durinq a period not desiqnated for settinq out heavy brush and clean wood waste. (2) When the Director determines the waste should be removed in the interest of public health, safety, aesthetics, or welfare prior to the next scheduled pickup. (3) When the waste has been set out in violation of any other ordinance. (q) The special collection fee is payable at the time of removal, and, if not paid at the time of removal. will be applied to the customer's next monthly utility bill. (h) In order to be manaqeable by the collection equipment: (1) Any tree limbs placed for collection may not exceed ten (10) feet in lenqth. (2) Tree trunks less than one foot in diameter may not exceed ten (10) feet in lenqth. (3) Tree trunks or root balls qreater than one foot in diameter may not exceed five (5) feet in lenqth. (j) Piles of heavy brush and clean wood waste may not obstruct the view of motorist Ctl street intersections. No pile of heavy brush or clean wood waste may be qreater than six (6) feet hiqh, ten (1) feet lonq, and six (6) feet deep. (i) HeaVY brush or clean wood waste collected from collection service customers shall be limited to one truck load per scheduled pickup. (k) A fee shall be charqed for each additional truckload of heavy brush and clean wood waste (or maior fraction there of) after the first load as provided by section 21-40(a)(9), and shall be billed at the time of removal. If not paid at the time of removal. the fee shall be payable at the time of collection, and. if not paid, it will be applied to the customer's next monthly utility bill. (I) A surcharqe. as proYided in section 21-40(a)(10). will be applied to the customer's next monthly utilitv bill for each pile of solid waste that is set out for collection. which contains any solid waste, other than heavy brush or clean wood waste, that is set out for collection. (m) Special. non-scheduled heavy brush and clean wood waste collection service established by the Director shall be available at a direct charqe as proyided by section 21-40(a)(11). and shall be payable at the time of collection and if not paid it will be applied to customer's next monthly utility bill. R63302AR. wpd 10 (n) Because mechanical eauipment is used to pickup heavY brush and clean wood waste, any containers used to hold heavY brush and clean wood waste will be considered waste and will be picked UP for disposal. Sec. 21-14. Bulkv Items (a) Bulkv items, not mixed with other construction/demolition material. may be collected from customers durina special collection events that are published in the local media. (b) Bulkv items will aenerally be collected in the same location as aarbaae is collected as provided bv section 21-22. Rear door aarbaae collection customers shall set out bulkv items at the curb or allev service location. Bulkv items may not be set out in the side yard of a residence. if the side yard adioins an arterial or collector street. (c) Bulky items may be placed in the riaht-of-wav. but may not be placed on the street pavement. in the autler, on the sidewalk. or in a drainaae ditch. Except the Director may allow bulkv items to be placed in roadside drainaae ditches when there is no practical alternative. However. the person who places any bulkv items in a roadside drainaae ditch may be liable for any floodina damaae caused bv the bulkv items. The owner or occupant of a residence or business, who authorizes. directs, or allows any bulkv items to be placed in a drainaae ditch on or adiacent to the person's property, also may be liable for any f100dina damaqe caused bv the bulkv items. (d) No other litter. aarbaae, refuse, construction/demolition material. trash, heavY brush, clean wood waste, or yard waste may be co-minaled with the bulkv items set out for collection. (e) Bulkv items may be set out onlv on days desianated for set out for that address. (1) Notice of the sections of the City that are allowed to set out bulky items will be published in a paper of aeneral distribution within the City. Information is also available bv telephonina the Solid Waste Services Department. (2) It is a defense to orosecution for violation of this section that the bulkv items were set out on an unauthorized day if the bulky items was set out after the authorized set out period, but before the next bulkv items pickup at that address. The property owner or occupant has the burden of provina the date the bulkv items was set out and the date of the next bulkv items pickup. (f) In addition to any fines that miqht result from a violation of this provision, a special fee, as provided bv section 21-40(a)(11). shall be charaed for each truckload (or maior fraction there of) of bulky items: (1) Which was placed for collection durina a period not desianated for setlina out bulkv items. R63302AR. wpd 11 (2) When the Director determines the waste should be removed in the interest of public health. safety. aesthetics, or welfare prior to the next scheduled pickup. (3) When the waste has been set out in violation of anv other ordinance. (a) The special collection fee is pavable at the time of removal. and, if not paid at the time of removal. will be applied to the customer's next monthlv utilitv bill. (h) BulkY items collected from collection service customers shall be limited to one truck load per scheduled pickup. (j) A fee shall be charaed for each additional truckload of bulky items(or maior fraction there of) after the first load as provided bv section 21-40(a)(9), and shall be billed at t~ time of removal. If not paid at the time of removal. the fee shall be pavable at the time of collection, and. if not paid, it will be applied to the customer's next monthly utilitv bill. (k) A surcharae. as provided in section 21-40(a)(11), will be applied to the customer's next monthlv utility bill for each pile of solid waste that is set out for collection, which contains any waste other than authorized bulkv items that is set out for collection. ill Special. non-scheduled bulky item collection service established by the Director shall be available at a direct charae as provided by section 21-40(a)(11), and shall be pavable at the time of collection and if not paid it will be applied to customer's next month Iv utilitv bill. (m) Piles of bulky items may not obstruct the view of motorist at street intersections. No pile of bulky items may be areater than six (6) feet hiQh, ten (1) feet lona, and six (6) feet deep. (n) Because mechanical eauipment is used to pickup bulky items. anv containers used to hold bulkv items will be considered waste and will be picked UP for disposal. (0) Bulky items shall be separated into two (2) distinct piles as follows: ill Non-arindable/non-compostable materials and debris (Le. mattresses, box sprinas, furniture. couches. tv's, etc.). ill Metal appliances and metal materials (Le.. washina machines, water heaters. refriaerators, bicycles, metal swina sets. etc. ). Sec. 21-15, Brick, broken concrete, ashes, dirt, etc., not included. (a) The Solid Waste Services Department will not collect accumulations of brick, broken concrete, plaster, sand, gravel, ashes, tires, roofing materials, dirt, automobile frames, lumber (other than clean dirnel'lsionallumber wood waste generated by a residential R63302AR.wpd 12 customer) resulting from either residential or commercial construction or demolition, or any other bulky heavy material. (b) The owner or person controlling an accumulation of brick, broken concrete, plaster, sand, gravel, ashes, roofing materials, dirt, automobile frames, lumber resulting from either residential or commercial construction or demolition, or any other bulky heavy material shall collect and store the solid waste in commercial waste receptacles, such as a dumpster, demolition box, or metal roll-off container, or dispose of the solid waste within one week of the time the waste is generated at the owner's or person's expense. Sec. 21-16. Hazardous waste and medical waste not included. (a) The Solid Waste Services Department will not collect hazardous waste or medical waste. See, 21-17. Disposition of dead dogs, cats, etc. No dead dog, cat or other small animals may be placed in a container for collection. Colid Waste Ce:f';iees Animal Control will pick up and dispose of small dead animals upon telephone notification. Sec. 21-18. Tires prohibited. (a) Tires may not be set out for collection. (b) If any tires are set out for collection, in addition to any fine that may be assessed for a violation of this ordinance, the Director shall assess a surcharge, as described in section 21-40(a)(13) for each tire set out for collection that is picked up, which will be applied to the customer's next monthly utility bill. Sec. 21-19, Limitation on filling receptacles. (a) In order to protect the safety of solid waste workers, filled refuse receptacles that are emptied manually may not weigh more than fifty (50) pounds. (b) Filled paper or plastic bags may not weigh more than thirty (30) pounds. (c) The contents of a refuse receptacle may not protrude above the top of the receptacle and inhibit placement of lid or have a potential of causing injury to the collector or customer. (d) Uncovered receptacles that contain rain water will not be picked up. Sec. 21-20. Refuse receptacles to be clean and sanitary; use of unsuitable or unsanitary receptacles, R63302AR. wpd 13 All refuse receptacles must be kept in a clean and sanitary condition. See, 21-21. Draining refuse; decomposable matter to be wrapped. (a) Refuse that is mixed with water or other liquids must be drained by the customer before being placed in a refuse receptacle. (b) Garbage and other matter, which is subject to decomposition, must be wrapped in paper or other suitable material that will contain the products of decomposition before being placed in a garbage receptacle. (c) Uncooked animal parts that may putrefy (such as fish heads, enthralls, entrails. or animal carcasses) must be kept cool and may-not placed in a refuse receptacle until the night before the scheduled collection date. Sec. 21-22. When and where solid waste is is to be placed for collection -- Generally. (a) The Director shall determine the service location for all collection services. (b) If the house, building or premises from which solid waste is to be collected is adjacent to an alley, the collection of solid waste shall be from the alley. (c) If there is no public alley, the Director determines that it is not practicable to collect and remove the solid waste from an alley, or other special circumstances exist, the solid waste will be collected in the front of the premises, on the right-of-way, unless the Director shall designate an area or areas for collection of such solid waste. (d) Refuse receptacles may not be placed on the street pavement, in the gutter, or in a drainage ditch. Except the Director may allow refuse receptacles to be placed in roadside drainaae ditches when there is no practical alternative. However. the person who places any refuse receptacles in a roadside drainaae ditch may be liable for any f100dina damaae caused by the refuse receptacles. (e) Recyclables shall be placed in a recycling bin a.-ailable from the Golid 'v'Vaste GeR,-ices Dej:lartment or other conventional refuse recej:ltacle that is clearly identified "itl, the recycling syn ,bol provided by the Dep!lFtn1ent. Containers I....ith recy"clables shall be separated frol,' other solid ,,!lste, "hich are set out for collection, by at least five (5) f-eet. ffl-Solid waste shall be set out for collection before 7:30 a.m. on the designated collection day, but may not be set out prior to 5:00 a.m., unless set out in a closed container with a lid that is latched or otherwise secured to the container, so the lid will not open if the container is tipped on its side. (a) Not more than five (5) containers may be set out for collection. R63302AR. wpd 14 (1) There is no limit on the number of containers of used (lift wrappinq and boxes that mav be set out on the first collection dav after Christmas. (2) There is no limit on the number of containers or boxes that mav set out on the first collection dav of a new residential customer. (3) The Director mav qrant waivers to the rules in this subsection to allow customers to set out more than five (5) containers on an occasional basis. Sec. 21-23. Trash that cannot be placed in a receptacle. Except on routes serviced bv automated equipment. which are requlated bv Section 21- 27, trash, Trash, other thai' debris, either commercial or residential, of such nature that it cannot be placed in a conventional refuse receptacle, plastic or paper bag, or cardboard box shatl-mav be placed beside the refuse receptacle. Sec. 21-24. Duty of owners, occupants, etc., of premises to provide and maintain refuse receptacles. Each customer shall provide and maintain proper refuse receptacles of sufficient number to contain the refuse that accumulates on the premises. Sec. 21-25. Construction requirements for refuse receptacles. (a) Refuse receptacles that will be handled by a collector may not be more than forty five (45) gallons capacity. (b) Reusable refuse receptacles must be constructed of some substantial leakproof material (galvanized metal, aluminum, or plastic), of the type commonly sold in retail establishments, with a tight-fitting lid or cover with handles sufficiently strong for the collector to empty safely and conveniently. Refuse placed in receptacles that are not of conventional design will not be collected. (c) Paper and plastic bags and cardboard boxes must be of sufficient strength to hold their contents. (d) Plastic bags may not be less than 0.75 mils thick. See, 21-26. Procedure as to damaged, etc., receptacles. (a) A customer may not use a refuse receptacle that has deteriorated or become damaged to the extent that it has jagged or sharp edges capable of causing injury to the collectors or to the extent that the covers will not fit securely. R63302AR. wpd 15 (b) A Solid Waste Service employee designated by the Director may give notice to the owner that a receptacle may no longer be used because of its defective condition, and solid waste in the receptacle will no longer be collected. Sec. 21-27. Collection services on routes with automated collection equipment. Notwithstanding any other provision of this chapter, at residences that are on collection routes serviced by automated equipment: (1) All trasft-refuse must be placed inside the provided container. (2) Any traslrrefuse placed outside the container will not be collected with the trash in the container. (3) Any traslrrefuse that will not fit in a container may only be set out for collection on a day designated for setting out waste under Section 21- 13(b). (4) If any traslrrefuse that will not fit in a container is set out for collection on a day not authorized for setting out waste, in addition to any fine that may be assessed for a violation of this ordinance, the Director shall assess the surcharge for each pile of debris, as described in section 21-40(a)(11), for each pile of trash set out for collection that is picked up. The surcharge shall be applied to the customer's next monthly utility bill. Sec. 21-28. Loose and Scattered Waste Will Not Be Collected. The Department will not pick UP loose litter or scattered waste that is not properly cont!lined or piled set out for collection as specified in Sections 21-12,21-13, and 21-14. Sec. 2-29. Reserved. ARTICLE III. DISPOSAL SERVICES Sec. 21-30. Disposal services -- Available. (a) The disposal services of the Solid Waste Services Department are deemed available to every premise occupied for residential use within the City of Corpus Christi, and the customer shall pay the charges therefor. (b) If the o"ner or occtJpant of a premises has made arrangements fur disl'OSBI of solid .....!lste by a pri~'ate collection sef'll ice in accorn!ll1ce .vit" all applic!lble 1!I"v!! and regulations. R63302AR.wpd 16 (1) The Director li1a~ Nai'.'e such disposal cI ,arges onl~ upon presentation of an affidavit of the customer or private collection servicc indicating the address of the premises being served as pro'vided by section 21-10. (2) Upon the expiration of an exemption under section 21 10, the customer shall pay all applicable ci'larges upon COnlmenCel"ent of collection services by the Departmcnt. feTFor premises used as commercial or business establishments a disposal fee, as orovided in Sections 21-41 and 21-42, shall be charged for each premise being served by collection services of the Department. Sec. 21-31, Same -- Disposal of garbage solid waste from outside the City. (a) The disposal services of the Solid Waste Services Department may be made available to orivate contract waste haulers at the discretion of the Director for the disposal of solid waste from outside of the City only at a site designated by the Director, if the Director determines that the Department has the capability of properly disposing of the solid waste at that site. (b) The owner of any commercial waste haulina vehicle delivering solid waste from outside the City shall first obtain a solid waste permit, and shall pay the required disposal charges and permit fees. (See section 21-80 -- 21-90.) Sec. 21-32. Same -- Disposal of brick, broken concrete, ashes, dirt, etc. (a) The routine disposal services of the Solid Waste Services Department do not include brick, broken concrete, plaster, sand, gravel, ashes, roofing materials, dirt, automobile frames, lumber or similar material resulting from either residential or commercial construction or demolition, or any other bulky heavy material. (b) The Director is authorized to accept such materials at a site designated by the Director, if the Director determines that the Department has the capability of properly disposing of the materials at the site, and in such case the owner or person controlling such materials pays the required disposal charges, as provided in Sections 21-41 and 21-42 therefor. = See, 21-33. Same -- Disposal of hazardous waste and medical waste not available. (a) Except designated household hazardous waste that will be accepted on special household hazardous waste collection days, no solid waste that is also classified as hazardous waste or medical waste may be disposed at a municipal solid waste landfill site or other solid waste disposal site operated by the City. R63302AR. wpd 17 (b) Before disposing of any solid waste at a municipal solid waste landfill site or other solid waste disposal site operated by the City, the individual transporting the solid waste shall certify on a form prescribed by the Director that the load of solid waste being delivered to the landfill or disposal site does not contain any hazardous waste. Sees. 21-34. Waiver of disposal fees for community cleanup efforts and for cleanup of illegally dumped solid waste. (a) The Director may waive the charges for disposal for solid waste collected: (1) A Mn profit organization or neighborhood group as As part of a neighborhood cleanup effort that is approved by the City Manger, or designee. (2) A-g~g)andowner, who is removing solid waste, at the direction of the City's Zoning and Code Enforcement Administrator, Solid Waste Compliance Officer, or a Public Health Inspector, which solid waste were illegally dumped on the landowner's property, notwithstanding the landowner's efforts to prevent illegal dumping on the property. (b) Any disposal charges waived shall be billed to any person identified as having illegally dumped solid waste on the property. Each person who illegally dumps solid waste on another's property is jointly and severally liable for the costs of removing and disposing of any solid waste found on the property where the person illegally dumped solid waste. (c) A person is presumed to have illegally dumped a solid waste, if the solid waste contains any writing or other marking indicating that the person is the owner of the item or has had possession of the item, and the item is found on property, other than a commercial business establishment that is open to members of the public, that is not owned by the person. However, a person who manufactured or offered the item for sale to the public, which is marked with a trade name, is not presumed to have generated the solid waste once the item has been sold. Sees. 21-35 -- 21-39. Reserved. ARTICLE IV, RESOURCE RECOVERY FEE SCHEDULES Sec. 21-40. Charges -- For collection services within the City of Corpus Christi. (a) The following charges apply to the collection of solid waste from Solid Waste Services Department customer located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable Federal/State surcharges or fees specified in Section 21-42 and State and City taxes. The charges for collections services are: R63302AR. wpd 18 Type Description Minimum Charge Per Month or Fraction Thereof Collection 11 \ One-familv dwellina $11.51 (2) Two-family dwelling on $23.02 one (1) water and/or gas meter (3) Two-family dwelling on $11.51 each unit separate water and/or gas meters 14\ Apartment $11.51 per unit (5) One-family dwelling and $23.02 single apartment on one 11 \ water and/or aas meter (6) Apartment house on one $11.51 per unit d\ water and/or aas meter (7) Apartment house -- Each $11.51 per unit apartment on separate water and/or aas meter (8) Additional charge for rear $10.75 per unit door pickup on any type above (9) Additional loads of heavy $48.00 per load Ileavy brush or bulkv item additiol"lalloads at time of scheduled heavy brush or bulkv item collection (10) Surcharge for hea'~y $10.00 per-pfle item debris bulkv item nickup R63302AR. wpd 19 (11 ) Special non-scheduled Actual cost not to exceed heavy brush, clean wood $200.00 per load waste. debris. or bulkv items and (debris)(bl:Jlk"f item}pick up, including pick up of heavy brush and debris set out more than two weeks prior to the scheduled pick up or brush or debris that is a traffic, safety, or health hazard (12) Recycling containers: $4.00 per container Each solid waste services customer account will pay a fee for recycling containers that will be refunded upon termination of the account and return of the recycling containers. (13) Surcharge for tires set out $5.00 per tire for collection. (b) Except as provided in section 21-41, any residence, apartment, or other premises that does not receive collection services from the Department under the provisions of section 21-10 of this chapter, will not be charged collection or disposal fees. (c) A business and commercial institutions establishment and any other occupied premises located within the City of Corpus Christi, except a residence covered by paragraphs (a) and (b) of this section, shall be charged for collection services by the Department at a rate determined by the Director based on the following: (1) Any rate set must be reasonable and determined by the type and amount of refuse, the location of the refuse, the number of pickups per week that are necessary to properly service and maintain sanitary conditions, and in proportion to the minimum rate established in this paragraph. (2) The Director may not set a rate below twenty-two dollars and fifty-two cents ($22.52) a month (the minimum rate), plus any applicable State disposal fees and State and City taxes. R63302AR. wpd 20 Sec. 21-41. Charges -- For disposal services. (a) A person disposing of solid waste at any City disposal site designated by the Director shall pay a disposal fee, plus any applicable State disposal fees and State and City taxes, for each load of solid waste deposited under the schedule below. (b) The Director determines the composition of any load for the purpose of determining the fee applicable to a specific load. (c) Unless contractual arrangements specify otherwise, the Director may authorize special agreements for disposal of solid waste with other public agencies. (d) Before disposing of any solid waste, a person who does not have billing account with Solid Waste Services and will be required to tare out shall make a deposit based upon the estimated size of the load as determined by the Landfill Superintendent, or an employee designated by the Superintendent. The minimum deposit will be the commercial charge for one ton of solid waste. (e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by Solid Waste Services: (1) Non-commercial vehicles A. Corpus Christi residential Re3idential No charge customer for trash. yard waste. heavy brush, bulky items, larae household appliances, and clean wood waste. but no construction/demolition materials. (The Director shall determine what form of identification is required to prove that the individual is a resident of the City.) B. Corpus Christi residential customer for No charae on first construction/demolition materials Saturdav of each month C. Corpus Christi residential customer durina No charae community clean UP events approved by the Director. R63302AR. wpd 21 &.0. Non-Corpus Christi resident, who is covered As specified in the by a special agreement between the City of special agreement Corpus Christi and another agency for solid waste disposal, hauling individual's household waste in personally owned, non- commercial vehicle. (The Director shall determine what form of identification is required to prove that the individual is a beneficiary of the special agreement.) &.E Any other individual hauling the individual's Commercial tipping fee own household waste in personally owned, rate per load, plus non-commercial vehicle special fees for appliances and tires (2) Commercial vehicles (tipping rate) A. Solid waste by weight $ 25.25 per ton* B. Loose load of solid waste, not weighed $ 6.78 per cubic yard* C. Compacted load of solid waste, not weighed $ 9.01 per cubic yard* D. State disposal fee Per State requirement E. Commercial vehicle transporting household No charge waste for a residential customer, when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) * Includes Federal mandated surcharges as provided by Section 21-42 (3) Special fees A. Clean, uncontaminated dirt that is suitable $1.00 per cubic yard for landfill use (as determined by landfill superintendent or designee of the No charqe superintendent) B. Clean rubble suitable for recycling, including $8.00 per ton crushed concrete, asphalt, bricks, etc. R63302AR.wpd 22 C. Large household appliances, such as $2.00 each stoves, washing machines, clothes dryers, dishwashers, refrigerators, or other similar items D. Tires Automobile $1.00 each Truck or large trailer tires (16 -19") $2.00 each Tractor tires (,; 20") $3.00 each Larger than 20" Not accepted Cut into quarters or more Tipping fee rate E. Vehicles with loads not adequately secured $5.00 so as to prevent any of the contents of the transported load from being ejected or dropped during transport of the load F. Use of scales $5:00 $25.25 G. Any solid waste that requires special Up to twice tne tipping preparation, handling, or cover rate, as As determined by the Director Sec. 21-42. Surcharge for State/Federal mandated costs. (a) The following State/Federal surcharges are included in the charges established in sections 21-40 and 21-41 above: (1 ) Collecting and disposal of solid waste from $0.48 per month or residential and apartment properties, fraction thereof business and commercial establishments, and all other occupied premises, for which the collection services are provided (2) For disposal of solid waste at any city $3.06 per ton or fraction disposal site designated by the Director, for thereof which a charge per ton or cubic yard is required to be paid (3) Disposal of loose materials that have not $1.61 $1.23 per yard or been weighed fraction thereof R63302AR.wpd 23 (4) Disposal of compacted materials that have $1.23 $1.61 per yard or not been weighed fraction thereof (b) The Director shall collect any other State or Federal charges that may be imposed. Sec. 21-43. Disposal fee for large dead animals. A direct charge, not to exceed two hundred dollars ($200.00) per animal, as established by the Director for removal and disposal of large dead animals shall be charged at the time of removal. Sec. 21-44. Bills for services; when charges payable. (a) The utilities office of the Department of rublic Utilities of the City Utilities Billina Office shall include on their monthly bills mailed to persons that receive collection and disposal services from the Solid Waste Services Department all applicable charges for services rendered to the premises of that person. (b) The charges fixed by this article shall be payable to the City on receipt of the bill. (c) In the event any person receiving services does not have a water or gas connection billing, then a separate monthly bill shall be made to such person. (d) The Director may authorize the establishment of billing accounts for landfill disposal services under terms specified by the Director. (e) Subject to the limitations in section 402.0025 of the Texas Local Government Code, a customer is liable for all unpaid services rendered to a premises, while the premises is owned by the customer. Any unpaid charges must be paid before the customer opens a utility account. Sec. 21-45. Creditfor vacancy. No credit will be given to any customer for a vacancy at a residence or business or commercial establishment that has an active utility service account or that is receiving collection services. Sec. 21-46. Suspension of services for failure to pay charges; reinstatement of service. (a) The service of any person who fails or refuses to pay the charges specified in this article within ten (10) days from the date the charge is due and payable shall be suspended. R63302AR. wpd 24 (b) Upon the renewal of services to premises where services have been discontinued under the provisions immediately above, the customer of the premises shall be charged ten dollarg ( $10.00) for reinstatement. (c) If, upon reinstatement, the Director finds it necessary to either clean up the premises or remove more than the maximum amount provided for by the minimum fee, or to make an additional trip to remove accumulated solid waste, the customer shall be charged, in addition to the reinstatement charge, fifty dollars ( $50.00). Sees. 21-47 -- 21-49. Reserved. ARTICLE V. BUSINESS OR COMMERCIAL ESTABLISHMENTS Sec. 21-50. Littering at business or commercial establishments -- Declaration of policy; scope. For the purpose of the public peace, health, safety, morals and general welfare, the entire premises occupied by a business or commercial establishment, including the outside seating areas, parking area, driveway, and vehicle entrances and exits, is declared to be a public place, and that it is contrary to the public peace, safety, morals, health and general welfare of the community to permit litter on such public place. Sec. 21-51. Same -- Receptacles required. The owner or operator of a business or commercial establishment shall provide on the premises sufficient refuse receptacles to keep the premises clean, but not less than two (2) receptacles for the receipt of litter available to its patrons or customers. If more than two (2) receptacles are required to hold all of the litter from the premises, the owner or operator shall furnish such additional number of receptacles as is necessary to contain the litter. Sec. 21-52. Same -- Littering prohibited. (a) It shall be unlawful for any patron or customer of a business or commercial establishment to throw or deposit any litter on the premises of the business or commercial establishment except in the receptacles provided. (b) It is unlawful for any customer or patron of a business or commercial establishment to throw or allow any litter to blow upon the streets of the City or upon private property in the City. (c) It is a defense to prosecution that the patron or customer picked up any litter, which accidently blew into the street or on to another property, and properly placed it into a receptacle. R63302AR. wpd 25 Sec. 21-53. Same -- Maintenance of cleanliness by owner. (a) The owner or the operator of the business or commercial establishment shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled, and place same in receptacles within thirty (30) minutes after daily closing time of such business or commercial establishment. (b) If the business or commercial establishment operates continuously without closing, then the owner or operator shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled, and place it in receptacles at 11 :00 a.m. and 11 :00 p.m. of each day. (c) It shall further be the duty of said owner or operator to prevent any litter on the premises from being blown upon or being permitted to come to rest upon the streets of the City or upon any private property in the City. Sec. 21-54. Same -- Overflowing dumpsters. (a) The owner or operator of a business or commercial establishment, which contracts with a private waste disposal company, shall ensure that any dumpster used on the site is adequate to hold all of the waste generated or deposited on the site between scheduled pickups. (b) If any material is illegally dumped next to a waste disposal dumpster, the owner or operator of a business or commercial establishment shall remove oHhe illegally dumped materials and ensure that it is properly disposed of. Sec. 21-55. Same -- Requirement to correct health or safety hazards. (a) When notified by the Director or a Code Enforcement Official that the overflows from any refuse receptacles or dumpster represents a health or safety hazard, the owner or operator of a business or commercial establishment shall immediately clean up the location, install additional refuse receptacles, or contract for a larger dumpster or more frequent pickup. (b) It is a defense to prosecution for violation of this section, if the owner or operator's enters into a new or amended contract with a private waste disposal company within ten 10 working days of the date of the notice from the Director or Code Enforcement Official. R63302AR.wpd 26 Sees. 21-56 -- 21-59. Reserved. ARTICLE VI. REGULATION OF FILL MATERIALS Sec. 21-60. Deposit of fill material -- Permit required; exceptions. (a) Except as provided in this section and section 21-80, no person may deposit or dump on any property or allow to be deposited or dumped on the person's property or property under the person's control, any dirt or other fill materials without securing a permit from the Building Division of tlge Dcpartrncnt of Inspections and Operations Official as provided by section 21-61. (b) This provision shall not apply to persons depositing or dumping and spreading dirt, sand or other gardening materials on the premises used in connection with an existing building for landscaping purposes, or to the dumping or depositing sand or other building material on a lot in connection with construction of improvements in progress for which a building permit has been obtained, or to the dumping or depositing of dirt, sand, fill material, or refuse for which a permit has been obtained under sections 21-80 through 21-90, or to the dumping or depositing of such materials in a City dumping grounds so designated by the City. Sec. 21-61. Same --Issuance of permit. (a) The Building Division of tlge Department of Ilousil,g and Commtlnity De'velopment Official is responsible for the issuance of dumping permits for dumping or depositing dirt and other fill material. (b) No dumping permit shall be issued for dumping or depositing refuse. (c) Each dumping permit shall be issued to a specific person, firm or corporation to fill a specifically described piece of property and shall specify the type of fill material and the duration of the dumping permit, which shall not be for a period in excess of one week. (d) Before the dumping permit is issued, the Building Division must be satisfied that the dirt or fill material appears to be free from any substance injurious to the public health and welfare, and that the dirt or fill material will be handled and dumped or deposited and leveled off in a manner that apparently will not be injurious to the public health. (e) The Building Division is authorized to promulgate forms to be completed by applicants for dumping permits requiring such information as deemed necessary to carry out the purposes of this section. Sees. 21-62 - 21-69. Reserved. R63302AR. wpd 27 ARTICLE VII. CONTROL OF REFUSE Sec. 21-70. Covering Loads. (a) A person hauling solid waste to a municipal solid waste landfill or other point of disposal shall: (1) Securely cover the vehicle with a tarpaulin or adequately cover the load to prevent any solid waste from falling or blowing out of the vehicle between the point of pick-up and the point of disposal. (2) Prevent any solid waste from falling or blowing out of the vehicle by bouncing, sliding or slipping due to the movement of the vehicle, the wind action, or because of improper placement of the contents in the vehicle. (b) This section does not prohibit the travel of a vehicle for a distance of not more than two (2) blocks from the point of one pick-up to the point of another pick-up on the same trip without having the tarpaulin or other cover of the vehicle securely fastened. Sec. 21-71. Release of balloons. (a) A person commits an offense if the person knowingly releases a balloon into the air outside a roofed structure. (b) A person commits an offense if the person organizes or promotes an event during which balloons are released into the air outside a roofed structure if the person knew that such release was planned or authorized. (c) It is an affirmative defense to prosecution under this section that the balloon was released for scientific or meteorological purposes by or authorized by a government agency, or that the balloon was a hot-air balloon designed for recovery after launching. (d) As used in this section, "balloon" means an inflatable bag of thin rubber or similar material inflated with lighter-than-air gas. Sec. 21-72, Illegal Disposal of Solid Waste Prohibited. (a) The disposal of solid waste in violation of this section is a nuisance and potential health and safety hazard. (b) A person. or the oerson's aaent or emolovee, may not dispose or allow or permit the disposal of any solid waste at a place within the City of Corpus Christi or within 5,000 feet of the City's boundary, including on or within 300 feet of a public road, right of way, any portion of the municipal separate storm water sewer system, park, or coastal waters, including tributaries to the coastal waters, except at the following locations: R63302AR. wpd 28 (1) A permitted municipal solid waste landfill site or municipal solid waste collection point. (2) A private solid waste disposal facility permitted by the TNRCC. (3) A refuae littef-receptacle made available to the public, patrons, and customers of a business or public facility. (4) At a place designated for the collection of solid waste by section 21 21 21-22, but only when the solid waste is placed by a customer for collection by Solid Waste Services or a private collection contractor. (5) A refuse receptacle maintained by the owner or person in control of a premises for the disposal of solid waste generated on the premises or as a result of the activities of the owner or person in control of the premises. (6) As otherwise expressly permitted by the Code of Ordinances or applicable Federal or State laws. (c) In addition to any other penalties that might result from a violation of this section or any other law relating to the disposal of solid waste, any person who disposes of any solid waste in violation of this section shall promptly remove the solid waste, take all measures necessary to reduce or eliminate any harmful effects of the waste that cannot be removed, repair any damages caused to-~the solid waste, and compensate the City for any additional expenses it was caused to incur as a result of the illegal disposal of the solid waste. (d) The generator of solid waste is responsible for the proper collection and disposal of any solid waste that the person generates. (e) A person is presumed to have generated a solid waste, if the solid waste contains any writing or other marking indicating that the person is the owner of the item or has had possession of the item. However, a person who manufactured or offered the item for sale to the public, which is marked with a trade name, is not presumed to have generated the solid waste once the item has been sold. (f) In anv prosecution charaina a violation of this section in which it is alleaed that a motor vehicle was used to transport the solid waste to the place of disposal. the reaistered owner of the motor vehicle is presumed to be the person who threw. dropped. or otherwise placed solid waste removed from a vehicle in violation of this section at the time and place charaed. if proof that the particular vehicle described in the complaint was used to transport the solid waste disposed of in violation of this section. toaether with proof that the defendant named in the complaint was at the time of the alleaed violation was the reaistered owner of the vehicle, is presented into evidence. R63302AR.wpd 29 (g) If the person fails to remove the illegally disposed solid waste within ten (10) days after receiving notice as provided in section 342.006(b) of the Health and Safety Code, the Director may have the solid waste removed and any damages repaired. The generator of the solid waste shall pay the costs of collection and disposal of the solid waste, repair of any damage, and is liable for any losses sustained by a third party as a result of the illegal disposition of solid waste. (h) The Director may remove any solid waste without notice to person who discharged the substance or article into the municipal separate storm water sewer system, when directed to do so by the Federal or State On Scene Coordinator, under the Act; the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Oil Spill Prevention and Response Act, or Texas Oil and Hazardous Substances Spill Prevention and Control Act. The generator or person who discharged the solid waste is liable for all costs incurred by the City as a result of the discharge. (i) Upon the written certification by the Director or a Code Enforcement Official of a violation of any provision of this chapter, the City Attorney is authorized to petition any court of competent jurisdiction for an injunction to enjoin the continued violations. This remedy shall be cumulative of all other enforcement powers granted to the City by the terms of its charter, any ordinance, or by the laws of the state. Sec. 21-73. Director of Solid Waste Services authorized to enter premises. (a) The Director or a Code Enforcement Official is authorized to enter any premises to make inspections to determine that solid waste is being properly collected and removed. (b) In the event of an emergency affecting public health and safety, the Director or a Code Enforcement Official may conduct a needed inspection without the permission of the property owner or a warrant. Sec. 21-74. Special Warrants. (a) Under Article 18.05, Texas Code of Criminal Procedure, if the Director or a Code Enforcement Official has been refused access to a building, structure, or property or any part thereof, and if such official can demonstrate (1) probable cause to believe that there may be a violation of this chapter and (2) that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this chapter, or any permit or order issued under this chapter to protect the overall public health safety and welfare of the community, then upon application by the City Attorney, through the Director or a Code Enforcement Official, the Municipal Court Judge of the City shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Director or a Code Enforcement Official, in the company of a uniformed R63302AR. wpd 30 police officer of the City. Normal business hours are presumed to be reasonable hours of access. (b) In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. Sec. 21-75. Collection of Expenses; Lien, Suit. (a) The Director may add an additional resource recovery fee to the generator's monthly utility bill after the illegally disposed solid waste has been collected, if the Director notifies the person presumed to be the generator of the basis for the presumption, the amount of the resource recovery fee that may be assessed, and the procedures the person may use to contest the presumption. (b) The person who receives notice from the Director that they may be liable for a resource recovery fee for the collection of illegally disposed solid waste, may contest the presumption by sending tne Director a written explanation to the Director. (c) The decision of the Director to assess a resource recovery fee for illegally disposed solid waste, may be appealed to the City Manager for final determination. (d) If a person fails to pay any required resource recovery fee in a timely manner, all utility services provided to the person may be discontinued under Section 55-34. (e) The Director may file a statement of expenses incurred under this chapter, giving the amount of the expenses, the date on which such work was done, and a description of the premises upon which such work was done with the County Clerk. The City shall have a privileged lien on such lot or real estate upon which such work was done to secure the expenditures so made, under the terms of Section 342.007, Texas Health and Safety Code, which lien shall be second only to tax liens and liens for street improvements, and such amount shall bear ten (10) per cent interest from the date the statement was filed. For any such expenditures and interest, suit may be instituted and recovery and foreclosure of such lien may be had in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. Sees. 21-76 - 21-79. Reserved. ARTICLE VIII. SOLID WASTE PERMITS Sec. 21-80. Solid waste permits required. No person, except a duly authorized agent or employee of the City, shall collect the solid waste of any other person, or conveyor transport such solid waste on the streets, R63302AR. wpd 31 alleys or public thoroughfares of the City, or dispose of such solid waste, without a written solid waste permit granted and issued by the Director. Sec. 21-81, Application generally, Any person desiring a solid waste permit for the collection, removal, and disposal of solid waste, as required in section 21-80 of this Code, shall make application for such solid waste permit to the Director. Sec. 21-82. Contents of application. The application shall set forth the name and address of the applicant; the trade name under which the applicant does or proposes to do business; the mailing address, office telephone number and location of the business; the number of vehicles the applicant desires to operate; the location where the vehicles will be parked or stored when not in use; the class, size and design of each vehicle; whether or not the applicant or any person employed by him has a claim or judgment against him for damages resulting from the negligent operation of a vehicle; the nature and character of the service the applicant proposes to render; the patrons for whom the applicant proposes to render the service; and a statement of whether or not service will be provided to any premises not located in the City of Corpus Christi. See, 21-83. When solid waste permits not required. A resident of the City shall not be required to obtain a solid waste permit to haul solid waste from the dwelling in which the resident resides to a City disposal site. An owner or employee of a business or commercial establishment located on premises in the City shall not be required to obtain a solid waste permit to haul solid waste from said premises to a City disposal site. Said residents, owners and employees shall not be exempted from any other requirements of this Code or other applicable Federal or State laws for the conveying, transporting or disposing of solid waste. Sec. 21-84. Bond and insurance required. No solid waste permit may be issued until the applicant provides satisfactory proof to the Director of Safety and Risk Management that the applicant has adequate liability insurance available to protect the interest of the City and its residents, as required by section 17-15 of the Code of Ordinances. See, 21-85. Fees for solid waste permits. (a) The fee for a solid waste permit shall be seventy dollars ($70.00) per vehicle, payable to the City at the time of issuance of solid waste permit, except as provided herein. R63302AR.wpd 32 (b) The fee for a solid waste permit shall be one hundred forty dollars ($140.00), payable to the City at the time of issuance of the solid waste permit, for any vehicle which is to be used to conveyor transport solid waste from outside the City to any disposal site of the Solid Waste Services Department. Sec. 21-86. Expiration of solid waste permits. Solid waste permits shall expire on August 31st of each calendar year. Sec. 21-87. Denial, suspension, and revocation of permit. (a) Authority of Director to deny, suspend, and revoke permits. The Director may deny, suspend, or revoke a permit if the Director determines that a permittee: (1) Is not qualified under this Article. (2) Violates any of the provisions of this chapter, any procedural or operational rule or regulation promulgated by the Director to implement this chapter, or applicable provisions of the City code. (3) Has failed to pay a required fee or fine. (4) Violates any Federal or State law or implementing regulation relating to the generation, transportation, or disposal of hazardous waste that occurred within the City or its extraterritorial jurisdiction or involved waste disposed at a City solid waste facility. (5) Has failed to timely respond to a notice of violation or alleged violation. (b) Reinstatement of suspended or revoked permit. (1) After suspension or revocation under this section, a permittee may file a request for reinstatement of the permit. (2) If the Director determines that the permittee is again qualified after all fees and fines have been paid, all violations have been corrected, precautions have been taken to prevent future violation, and all reejuired fees nave been paid, the Director may reinstate a permit. (3) A permittee whose permit is suspended or revoked may not collect, transport, or dispose of any solid waste within the territorial jurisdiction of the City. (c) Appeal of revocation of a permit. R63302AR. wpd 33 (1) In the event a permit is revoked, the former permittee may request a hearing with the City Manager. (2) A request for a hearing must be made within three (3) working days of the revocation. (3) The hearing will be held by the City Manager within five (5) days of receipt of request for a hearing. (4) The hearing shall be informal, and notice of the holding of the hearing may be communicated to the requesting party verbally and confirmed in writing. (5) Within seventy-two (72) hours of the conclusion of the hearing, the City Manager will issue a finding on whether or not to lift the revocation. (6) The City Manager may impose conditions of remediation and correction upon the former permittee as conditions of lifting the revocation. (7) If the former permittee is not satisfied with the decision of the City Manager, the former permittee may appeal to district court. (8) The appeal must be perfected by service of process upon the City within thirty (30) days of the Director's decision to continue revocation. Sec. 21-88. Display of solid waste permit number on vehicle. Each vehicle used pursuant to a solid waste permit shall be equipped with the number of the solid waste permit painted on or attached to the vehicle in letters at least three (3) inches in height and at a conspicuous location. Sec. 21-89. Display of name on vehicles and containers. After September 1, 1997, each vehicle used pursuant to a solid waste permit, and each container provided by solid waste permit holders to customers, shall be equipped with the name of the solid waste permit holder painted on or attached to the vehicle or container at a conspicuous location. Said identification shall be either in letters not less than two and one-half (2%) inches in height or in an easily readable sign not less than ten (10) inches in height and twelve (12) inches in width. Sec, 21-90. Solid waste from outside of the City. (a) All solid waste permit holders are hereby required to submit a list each month of all customers for which said solid waste permit holder has rendered service from any point outside of the City limits. R63302AR. wpd 34 (b) The solid waste permit holder shall prepare said reports so as to provide the correct information as of the first day of each month and shall submit the reports to the Director no later than the tenth day of the same month. (c) The solid waste permit holder shall pay to the City the disposal charges for all solid waste conveyed or transported from outside of the City to any disposal site of the Solid Waste Services Department. Sec. 21-91, Private Waste Disposal Dumpsters. (a) Private waste disposal companies may not place their disposal dumpsters on any City or State right-of-way within the City limits. All dumpsters must be placed on the customer's private property. (b) A private waste disposal company must access a dumpster for collection services via a driveway. A private waste disposal company may not cross over the curb of a City street or State highway except at an authorized driveway approach curb-cut. (c) If any material is illegally dumped next to a waste disposal dumpster, the customer contracting with the private waste disposal company is responsible for the removal of the illegally dumped materials. (d) If a dumpster that is located at a business or commercial establishment is inadequate for the volume of materials being deposited and waste materials are overflowing from the dumpster, the private waste disposal company shall notify its customer of the need to arrange for placement of a larger dumpster. Sees. 21-92 - 21-99. Reserved. ARTICLE IX. LARGE ITEM BUY BACK PROGRAM Sec. 21-100. Large Item Buy Back Program Authorization. (a) The Director is authorized to establish a large item buy back program from funds appropriated for solid waste collection services. (b) The Director is authorized to make payments to residents of the City of Corpus Christi, who bring large items of debris, such as mattresses, items of furniture, large pieces of carpeting, appliances, or plumbing fixtures, which will not fit into a normal trash receptacle or dumpster, during times designated and publicized by the Director as Buy-Back Program Days. Sec. 21-101, Large Item Buy Back Program Payment Schedule. R63302AR. wpd 35 (a) The Director shall prepare a Large Item Buy Back Program payment schedule. The payment schedule shall be submitted to the City Manager for approval, and be reviewed on an annual basis. (b) The payment schedule shall bear a reasonable relation to cost savings to the City from not having to collect large items of debris that have been set out for collection. (c) The initial payment schedule must provide for a payment of at least one dollar ($1.00), but not more than five dollars ($5.00) per item. The Director may classify the collective parts of a larger item as a single item, such as the broken legs of a table and the table top would be considered as a single table. (d) The payment schedule may be adjusted at any time. (e) The approved payment schedule shall be filed with the City Secretary and copies shall be provided to the City Council. (f) The Director shall have the authority to negotiate special payments for special situations. SECTION 2. Section 12-6 of the Code of Ordinances is repealed. SECTION 3. Chapter 49, Streets and Sidewalks, of the Code of Ordinances is amended by adding Section 49-11 a to read as follows: Sec. 49-11a. Duty of abutting owners, etc., to keep right of way clean. It shall be unlawful for the owner, lessee, or tenant of any premises abutting on any right of way to permit any solid waste to accumulate in the right of way, except solid waste that are set out for collection by Solid Waste Services or a private collection contractor in accordance with Chapter 21 of this Code. A person who allows solid waste to accumulate in the adjacent right of way is guilty of a misdemeanor and may be assessed a resource recovery fee for the collection of the solid waste from the right of way. SECTION 4. Chapter 1, General Provisions, of the Code of Ordinances, City of Corpus Christi. is amended by adding a new Section 1-12 to read as follows: Sec. 1-12. Code Enforcement Official. (a) :Code Enforcement Official: means an employee holding a position designated in writing by the City Manager to enforce the ordinances of the City of Corpus Christi. (b) A Code Enforcement Official may: R63302AR.wpd 36 (1) Make application for administrative and crimiOnal search warrants under authority of the Texas Code of Criminal Procedure, Article 18.05, as such warrants may be necessary to enforce any provision of the Code of Ordinances of the City of Corpus Christi or other municipal ordinance. (A) A Municipal Court Judge shall issue a search and/or seizure warrant describing the specific location subject to the warrant and items that may be seized, upon application by the City Attorney, through a code enforcement official, if a code enforcement official has been refused access to a building, facility or residence, or any part thereof, and if such official can demonstrate: 1. Probable cause to believe that there may be a violation of this article, and 2. That there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with any ordinance, permit, or order issued by the City to protect the public health, safety, and welfare of the community. (B) The warrant must be served at reasonable hours by the code enforcement official, in the company of a uniformed police officer of the city. 1. Hours during business operation or during a time a permittee is discharging into a sanitary sewer or the municipal separate storm sewer system is presumed to be a reasonable hours for access. 2. In the case of a suspected unpermitted discharge, or discharge from a domestic source, the municipal court judge shall make determination of reasonable hours for entry. 3. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. (2) Submit a request to the City Attorney to petition any court of competent jurisdiction for an injunction to enjoin the continued violations. R63302AR. wpd 37 (3) Issue citations for violations of any City ordinance observed being committed in the Code Enforcement Official's presence. (4) File a report with the City Attorney and request the filing of a complaint in Municipal Court when the Code Enforcement Official has reason to believe and does believe a City ordinance has been violated, but did not personally observe the violation. (c) Upon receipt of a completed citation, signed by a Code Enforcement Official, the Administrator of Municipal Court shall process the citation and cause a complaint to be filed, in the same manner as a citation issued by a police officer. (d) A Code Enforcement Official is not authorized to arrest an individual for violation of any City ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1 of this ordinance. SECTION 7. This ordinance is effective on May-Auoust 1,2000. Any changes in the residential collection rates shall take effect and be applied against all service provided on or after May-Auoust 1, 2000, which is billed in a utility billing cycle, which includes only service provided on or after May-Auoust 1, 2000. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R63302AR.wpd 38 That the foregoing ordinance was read for the first time and passed to its second reading on this the ~ay of ~-^-f---C. ' 2000, by the following vote: Samuel L. Neal, Jr. ~ Rex A. Kinnison ~ Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Dr. Arnold Gonzales Mark Scott Henry Garrett That tlt?'1~'0.going ordinance was read for the second time and passed finally on this the ....L2.l.. day of ~ 1/\ e / , 2000 by the following vote: Samuel L. Neal, Jr. ~ Rex A. Kinnison ~ Javier D. Colmenero ~ Betty Jean Longoria ~ Melody Cooper CIA0!\: j',J John Longoria ~ Henry Garrett ~ Mark Scott ~ Dr. Arnold Gonzales {l,U" , ~i1--- PASSED AND APPROVED, this the ---.!}Q day of tfM\.Q ./ ATTEST: A'm.~ City Secretary ,2000. ~. ,f/~ Samuel L. Neal, Jr Mayor, The City of Corpus Christi _-'''- APPROVED: -.\ day of "lvn ~ ,2000: James R. Bray, Jr., City Attorney By: R~i";7 First Ass'stant City Attorney R63302AR.wpd 024069 , PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 3484466 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 26TH day(s) of TWO 2 nnt. N.9. () 'J)t 0 (Q 9 June- JUNE, 2000. CoI))UlI QhrilllI PAS QF OIIDlNANCE Q2.I!)6ll Amending 'the Code of Ordinances, City of Corpus Christi, Chapter 1, . General Provisions, Chapter 12, Boats. Bays and Waterways. c:hapter 21, Garbage. Trash, and other Refuse, Chapter 49, ,Streets and Sidewalks, regarding Solid Waste Services, the disposal of garbage, trash and other' refuse, and the control of litter Including increases in fees; providing for penalties, and provkllng for an effective date of August 1, 2000. This ordinance was passed and approved by the City COuncil of the City, of Corpus Christi on June 20, 2000. loIArmando Chapa Clly SecrNry s (I~ Customer Service Manager $71.06 Subscribed and sworn to me on the date of JUNE 27,2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.