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05 Health and Sanitation Title 5 S -14 HEALTH AND SANITATION Chapters: 5.04 Maintenance of Real Property 5.08 Littering 5.12 Solid Waste Disposal 5.16 Hand Distributed Materials Chapter 5.04 MAINTENANCE OF REAL PROPERTY Sections: 5.04.01 Unsightly or unsanitary conditions on real property 5.04.02 Vacant lots 5.04.03 Notice required 5.04.04 Notification of unknown real property owner 5.04.05 Duration of notice 5.04.06 Enforcement of lien and collection of costs 5.04.07 Inspections 5.04.08 Requirement to remove debris after disaster 5.04.09 Removal of dangerous trees and limbs 5.04.10 Penalties 5.04.01 Unsightly or unsanitary conditions on real property. All property owners within Van Buren are required to cut weeds, grass, remove garbage, rubbish and other unsanitary and unsightly articles and things from their property and to eliminate, fill up or remove stagnant pools of water or any other unsanitary things, place or condition which might become a breeding place for mosquitoes, flies and germs harmful to the health of the community. 5.04.02 Vacant lots. Property owners are prohibited from permitting the accumulation of debris upon vacant lots in Van Buren. It shall be the duty of the property owner to remove all debris or refuse which is unsightly or which may endanger public health if and when notified by the Code Enforcement Officer. (Ord. No. 37 -95, Sec. 1.). 5.04.03 Notice required. If the owner or owners of any lot or other real property within the city, after the giving of seven (7) days notice in writing by the city, shall refuse or neglect to perform the duties in connection with his or their property as specified in Section 5.04.02, 5.04.04 and 5.12.01, the city is authorized to enter upon the property and have said weeds, rank grass or other vegetation cut and removed or eliminate any unsanitary and unsightly condition and the cost shall be charged against the premises and shall constitute a lien thereon. 0 -72- 0 S -14 5.04.04 Notification of unknown real property owner. hi case the owner of any lot or other real property is unknown or his whereabouts is not known or is a nonresident of this state, a copy of the written notice referred to shall be posted upon the premises before any action to enforce the lien shall be had, the Code Enforcement Officer shall make an affidavit setting out the facts as to unknown address or whereabouts of nonresidents and service of publication as now provided for by law against nonresident defendant may be had and an attorney ad litem shall be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. (Ord. No. 37 -95, Sec. 2.) 5.04.05 Duration of notice. Said notice to any owner as set out in Section 5.04.03 and 5.04.04 above, shall remain in full force and effect for a period of twelve (12) months and shall be considered sufficient notice to said owner or owners of other violations occurring on that owner's lot or other real property within that twelve (12) month period. Any further violations occurring within the twelve (12) month period on the owner's lot or other real property upon which notice has been served shall subject the owner to the penalties set out herein. 5.04.06 Enforcement of lien and collection of costs. The lien herein provided for may be enforced and collected in either one of the following manners: (a) The lien may be enforced at any time within eighteen (18) months after work has been done by an action in the Chancery Court; or (b) The amount of the lien herein provided for may be determined at a hearing before the City Council held after thirty (30) days' written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then after publication of notice of such hearing in a newspaper having a bona fide circulation in Crawford County for one (1) insertion per week for four (4) consecutive weeks and the amount so determined at said hearing, plus ten percent (10 penalty for collection, shall be certified by the City Council to the Crawford County Tax Collector, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less three percentum (3 thereof, when so collected shall be paid to the City of Van Buren. STATE LAW REFERENCE -See A.C.A. 14 -54 -901 14 -54 -904; Hdbk. 15 -1.2 15 -1.5 5.04.07 Inspections. The Code Enforcement Officer is specifically charged with the enforcement of this chapter and he shall make monthly inspection trips and such other trips as may be necessary throughout the confines of Van Buren and for any unsightly or -73- 0 0 S -14 unsanitary condition or conditions that he may find, he will have the Clerk/Treasurer write to the owner or owners of any lot or other real property stating the date of his inspection, the condition or conditions that must be corrected and if not corrected within seven (7) days, the Clerk/Treasurer will take steps to remove, abate or eliminate said condition or conditions and the cost will constitute a lien on said lot or other real property. (Ord. No. 37 -95, Sec. 3.) 5.04.08 Requirement to remove debris after disaster. if any property owner shall suffer the loss, either total or partial, of a house by fire or tornado, it shall be the duty of the Code Enforcement Officer to immediately notify, in writing, the property owner to remove all debris from the lot. It shall be the duty of the property owner within fifteen (15) days from receipt of such notice to remove all debris or refuse on said lot. (Ord. No. 37 -95, Sec. 4.) 5.04.09 Removal of dangerous trees and limbs. Property owners shall not permit the encroachment onto or over another's property, trees or limbs thereof which are diseased or dead and which because of said state, constitutes a danger to the health or safety of any individual or poses a threat of damage to the property of another. It shall be the duty of the Code Enforcement Officer to notify, in writing, the property owner to remove said diseased or dead trees or limbs thereof. It shall be the duty of the property owner within fifteen (15) days from receipt of such notice to remove the offending trees or limbs thereof. (Ord. No. 37 -95, Sec. 5.) 5.04.10 Penalties. In addition, or as an alternative to the City's authority to levy, enforce and collect liens against real property as set out in Section 5.04.03 and 5.04.06, if any property owner shall fail or refuse to correct the offending conditions set forth in Sections 5.04.01, 5.04.02, 5.04.08 and 5.04.09, within the times fixed by this chapter, after receiving such notice from the Code Enforcement Officer, he shall upon conviction, be fined in the sum of not less than Twenty -Five Dollars ($25.00) and each day that such property owner refuses to comply with this chapter after the expiration of the time limit provided, shall be considered a separate offense. (Ord. No. 4 -1990) (Ord. No. 37 -95, Sec. 6.) Chapter 5.08 LITTERING Sections: 5.08.01 Littering illegal 5.08.01 Littering illegal. It shall be unlawful for any person to place, dispose or otherwise permit to be located upon, in, on, or about any public street, sidewalk, alley or public thoroughfare or any private or public property adjacent thereto, any litter, refuse, or debris. -74- 0 CHAPTER 5.12 S -21 SOLID WASTE DISPOSAL Sections: 5.12.01 Solid Waste Management System implemented 5.12.02 Definitions 5.12.03 Regulation of solid waste 5.12.04 Approved containers 5.12.05 Hazardous wastes 5.12.06 Recyclables 5.12.07 Separation of recyclables 5.12.08 Multi- Family Residential Unit 5.12.09 Placement of containers 5.12.10 Industrial or commercial premises 5.12.1 l Construction and demolition wastes 5.12.12 Accumulation of solid wastes 5.12.13 Franchise 5.12.14 Rates 5.12.15 Operation and oversight 5.12.16 Fine 5.12.17 Monthly rates 5.12.18 Public assistance program 5.12.01 Solid Waste Management System implemented That under the authority of Arkansas Statutes Annotated Sections 14- 232 -103 and 8 -6 -211, the city of Van Buren hereby prescribes the following regulations. (Ord. No. 2009 -10, Sec. 1.) 5.12.02 Definitions Bulk items All items that may require special handling and management including, but not limited to: white goods such as refrigerators, ranges, water heaters, freezers, and other similar domestic appliances; household goods such as toilets, sinks, bathtubs, furniture, carpet or other bulk flooring materials; and /or other materials resulting from do- it- yourself home improvements. Bulk items must be generated by the customer at the address where they are collected. City the city of Van Buren, Arkansas, or its authorized representative Hazardous waste —Any waste or combination of wastes of a solid, liquid, gaseous or semi -solid form which, because of its quantity, concentration, physical, chemical or infectious characteristics may 0 75 0 S21 A. cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or B. poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or improperly managed. Multi Family Residential Unit A premises where multiple separate units for residential inhabitants are contained within one or more buildings such as a Duplex (2 Units), Triplex (3 Units), Fourplex (4 Units), and a multiple unit apartment building. Person Any individual, corporation, company, firm, partnership, association, trust, institution, occupant, owner's agent, lessor, lessee or tenant. Premises House, yard, apartment, motel, mobile home, park, dwelling place, hospital, school, hotel, club, restaurant, shop, church, place of business, manufacturing establishment, govermnent building, or other private or public building, within the corporate limits of the city. Recyclables Those materials which can be recovered for reuse in present or reprocessed form. For the purposes of this ordinance these shall include, but not be limited to, items agreed upon in the agreement between the Van Buren Municipal Utilities Commission and the Residential Solid Waste Disposal Firm. Recycling container Container used exclusively for recycling including the city issue eighteen (18) gallon green containers or other containers that may be approved and designated by the city in the future. Residential solid waste Solid waste generated at and resulting from the maintenance and operation of a residential unit where it is collected, including but not Limited to items that are acceptable at the disposal facility and do not exceed the container and weight limits of this ordinance and /or the agreement with a Residential Solid Waste Disposal Firm. Residential solid waste does not include solid waste that, in the opinion of the Residential Solid Waste Disposal Firm and /or the Van Buren Municipal Utilities could potentially cause harm to the public, employees, environment, or equipment. Residential Solid Waste Disposal Firm A person, firm, company, or corporation engaged in the business of removal and disposal of residential solid waste, which has been granted a franchise or contract by the Van Buren Municipal Utilities Commission and also meets all federal, state and local licensing requirements. Residential unit A premises owned, leased, occupied or managed for a residential purpose in a single family structure. 76 S -21 Solid waste All putrescible and nonputrescible refuse in solid or semisolid form including, but not limited to, garbage, rubbish, ashes, street refuse, demolition wastes, construction wastes, hazardous wastes, trash, debris, refuse matter or vegetable matter from kitchen, market, or store, paper food containers, and all other solid and semisolid waste materials resulting from industrial, commercial, agricultural, community, and residential activities. Solid waste container A commercial container suitable for storage of waste generated by commercial enterprises and capable of being emptied by mechanical equipment, or a plastic bag, durable and leak proof, and tied securely, or covered plastic or metal garbage can of sufficient size and number to hold the solid waste which accumulates on the premises. A container larger than forty -five (45) gallon capacity shall not be considered an approved container for residential purposes unless otherwise specified in the agreement with a Residential Solid Waste Disposal Fine. A cardboard box is not considered an approved container, however may be set out for residential collection one time, providing that the box and /or boxes and contents do not exceed the capacity, weight, and number of container limits set by this ordinance and the agreement with a Residential Solid Waste Disposal Firm. Solid Waste Disposal Firm A person, firm, company or corporation engaged in the business of removal and disposal of solid waste and also meets all federal, state and local licensing requirements. Yard waste Including but not limited to grass clippings, leaves, brush, tree prunings, pine needles, shrubbery, etc. (Ord. No. 2009 -10, Sec. 2.) 5.12.03 Regulation of solid waste That the city of Van Buren shall regulate the collection, storage, transportation, and processing of all solid waste within the city limits of Van Buren, Arkansas. (Ord. No. 2009 -10, Sec. 3.) 5.12.04 Approved containers Every person in possession, charge or control of any premises within the city where solid waste is created or accumulated shall be required to keep a sufficient number of approved garbage cans, garbage bags, or commercial containers for deposit of solid waste to prevent the spreading or scattering of such wastes. When it is found that the storage of such solid waste might become a breeding place for mosquitoes, rodents, flies and germs harmful to the health of the inhabitants of the community, the city or its agents shall be empowered to order the owner or person in charge of said premises to remove such solid wastes. (Ord. No. 2009 -10, Sec. 4.) 5.12.05 Hazardous wastes Certain hazardous and medical wastes, such as those produced by hospitals and nursing homes should be stored and /or disposed of so as to prevent transmission of disease or causing of injuries pursuant to state and federal regulations. (Ord. No. 2009 -10, Sec. 5.) 77 0 5 -21 5.12.06 Recyclables That each person occupying a residential unit within the city shall be required to collect, separate and place upon the premises, in an approved solid waste container all solid waste generated thereon for mandatory collection. No solid waste container weighing more than fifty (50) pounds, including contents of said container, shall be set out for residential solid waste collection. (Ord. No. 2009 -10, Sec. 6.) 5.12.07 Separation of recyclables That each person occupying a residential unit within the city, shall have the opportunity to separate and place upon the premises, in a recycling container designated recyclables generated thereon, for collection by a Residential Solid Waste Disposal Firm. (Ord. No. 2009 -10, Sec. 7.) 5.12.08 Multi Family Residential Unit That a Multi Family Residential unit may be added to the mandatory residential solid waste collection program, if agreed upon by the Van Buren Municipal Utilities, the Residential Solid Waste Disposal Firm, and the premises owner. (Ord. No. 2009 -10, Sec. 8.) 5.12.09 Placement of containers That all containers shall be placed in a safe and convenient place, either curbside or beside alleys as appropriate, for the purpose of collecting solid waste and recyclables. However, the placement shall not interfere with the public right -of- way, pose a health hazard or create a public nuisance. All residential customers shall provide a safe and convenient entrance to or through the property for the purpose of collection and all vicious animals shall be either confined or kept restrained at a point where collectors may pick- up or empty containers without fear of attack. (Ord. No. 2009 -10, Sec. 9.) 5.12.10 Industrial or commercial premises That every person in possession, charge, or control of any industrial, commercial or multi family residential premises, within the city, where solid waste is created or accumulated shall cause to have said solid waste removed a minimum of once per week or more often if necessary. All solid waste so removed shall be hauled to and disposed of, at a disposal site which has been approved by the appropriate state agency. (Ord. No. 2009 -10, Sec. 10.) 5.12.11 Construction and demolition wastes That construction and demolition waste such as lumber, plaster, roofing material, dirt, stumps, tree trunks, other debris incidental to construction and demolition, and yard waste shall be removed by the owner of the premises or the contractor responsible for the accumulation. Dead animals, furniture or items to large for the solid waste containers are prohibited. The solid waste disposal firms, may, with city approval, make special arrangements to collect bulk items and /or yard waste. Hazardous waste and solid waste such as used motor oil, pesticides, paint, lead -acid batteries, waste tires, fertilizers or chemicals, must be disposed of as provided by regulation of the agencies of the United States and the state of Arkansas and /or the city pertaining thereto. (Ord. No. 2009 -10, Sec. 11.) 78 S-34 C) ' 5.12.12 Accumulation of solid wastes That no person shall be permitted to accumulate upon their premises, any solid waste or recyclables, except in the appropriate solid waste containers to be placed upon the premises for pick-up and disposal.(Ord. No. 2009-10, Sec. 12.) 5.12.13 Franchise The City shall grant a franchise, contract, or agreement to a Residential Solid Waste Disposal Firm for the mandatory collection of residential solid waste and recyclables and shall issue, implement and enforce such regulations as are necessary to insure quality solid waste and recycling collection service. (Ord. No. 2009-10, Sec. 13.) 5.12.14 Rates That the city shall regulate all rates and fees charged by the residential solid waste disposal firms, or any monies to which they are entitled by franchise, contract or agreement under this ordinance, and shall implement and enforce such ordinances and regulations necessary for the funding of the city's solid waste management system and recycling program. All such rates, charges or contractual fees shall be on file at the office of the City Clerk and available for inspection by the public during business hours. (Ord. No. 2009-10, Sec. 14.) 5.12.15 Operation and oversight That the Van Buren Municipal Utilities Commission is hereby appointed the agent of the City for the residential phase of the solid waste management system and recycling program, and shall conduct its implementation, operation, oversight; the negotiation and contracting with a Residential Solid Waste Disposal Firm; and the division of the City into service areas, and shall have the authority to make such additional rules and regulations necessary for the same. The Van Buren Municipal Utilities shall be entitled to compensation for ' these duties. Provided, however, that the Van Buren City Council shall have sole authority to approve rates, charges or contractual fees. (Ord. No. 2009-10, Sec. 15) 5.12.16 Fine That any person who fails, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this ordinance shall be guilty of a misdemeanor, and shall be fined not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), plus court costs, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition to the above penalty, each violator may be subject to enforcement procedures authorized under A.C.A. 8-6-211, and also loss of city utilities. (Ord. No. 2009-10, Sec. 16.) 5.12.17 Monthly rates A. The monthly rate to be charged for each residential unit as defined in Ordinance No. 10-2009 or hereinafter amended shall be Fifteen Dollars and Thirty-Two Cents ($15.32). These charges shall cover, at a minimum, once per week F residential solid waste and residential curbside recycling collection, the operation of a recycle drop-off facility, and residential yard waste curbside collection and drop-off facility (operated by the City of Van Buren Street Department). (Ord. No. 2020-4, Sec. 1.) 0 79 i i S-34 C‘ B. The billing and collection for the residential solid waste management program shall be performed by the City of Van Buren Municipal Utilities according to its customary billing and collection procedures and in accordance with the Agreement between the residential solid waste disposal firm and the City of Van Buren Municipal Utilities Commission. The City of Van Buren Municipal Utilities shall deduct the sum of One Dollar and Forty Eight Cents ($1.48) for each customer for whom a collection was made. (Ord. No. 2020-4, Sec. 2.) C. The sum of Two Dollars and Twenty-Five Cents ($2.25) for each customer for whom a collection was made shall be remitted to the City of Van Buren for the operation of a residential yard waste collection and drop-off program. (Ord. No. 2020-4, Sec. 3.) D. The remainder of charges collected shall be remitted to the residential solid waste disposal firm in accordance with the Agreement between the residential solid waste disposal firm and the City of Van Buren Municipal Utilities Commission. (Ord. No. 2020-4, Sec. 4.) 5.12.18 Public assistance program The Municipal Utilities Commission is hereby authorized to maintain a public assistance program for low income families whose annual income from all sources does not exceed $15,000.00. The rate to be charged this class of customers shall be (1/2) one half the total residential rate as defined in Section 1 of this ordinance. (Ord. No. 97-22, Sec. 4.) CHAPTER 5.16 I HAND DISTRIBUTED MATERIALS I Sections: 5.16.01 Public property 5.16.02 Private premises 5.16.03 Vehicles 5.16.04 Penalty 5.16.01 Public property. It shall be unlawful for any person to throw or deposit any commercial or noncommercial handbill or other hand distributed advertisement in or upon any sidewalk, highway, street, boulevard, alley or other public way or in or upon any public park, square, public plaza, public recreational area or public building within the city, provided however, that it shall not be unlawful on any sidewalk, street or any other public place in the city for any person to hand out or distribute any commercial or noncommercial handbill or other hand distributed advertisement to any person willing to accept it. (Ord. No. 5-1983, Sec. 1) k 80 0 F i S-21 5.16.02 Private premises It shall be unlawful for any person to drop, deposit, or distribute any commercial or noncommercial handbill or other hand distributed advertisement in or upon any private premises within the city, except by handing and transmitting any such handbill or advertisement directly to the owner, occupant or other person then present in or upon such private premises, or by so placing or depositing said handbill or advertisement so as to secure and prevent same from being blown or carried about by the elements from any said premises to other public or private place. This section does not apply to those commercial or noncommercial handbills or other hand distributed advertisements which the owner or occupant of the premises has given permission to be delivered to the owner or occupant of the premises or for which the owner or occupant of the premises has otherwise contract for, solicited for, or otherwise authorized the placing or depositing of said handbills or advertisement upon the premises. Nor does it apply to newspapers. Newspapers being defined for the purpose of this ordinance as: "A publication usually in sheet form intended for general circulation and published regularly at short intervals, containing intelligence of current events and news of general interest. (Ord. No. 83 -5, Sec. 2) 5.16.03 Vehicles It shall be unlawful for any person to place or deposit any commercial or noncommercial handbill or other hand distributed advertisement upon any vehicle not his own, or in his possession, upon any public street, highway, sidewalk, road, alley within the city of Van Buren, provided, however, that it shall not be unlawful upon any such street or other public place for a person to hand out and distribute to the receiver therefore, any handbill to any occupant of the vehicle that is willing to accept it. (Ord. No. 83 -5, Sec. 3) 5.16.04 Penalty Any person found guilty of violating any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not more than Five Hundred Dollars ($500.00) for each violation, or double that sum for each repetition of such offense or violation, and if the act is continuous in nature, in any sum not more than Two Hundred Fifty Dollars ($250.00) for each day which the same shall be unlawfully continued. (Ord. No. 83 -5, Sec. 4) 81 } S-34 Pages 82 through 84 have been intentionally left blank.