City Ordinance Chapter 070 - Solid Waste

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                                                        Chapter 70

                                                    SOLID WASTE*

                                                   Article I. In General
                       Sec. 70-1.     Purpose and intent.
                       Sec. 70-2.     Definitions.
                       Sec. 70-3.     Penalty; complicity.
                       Sec. 70-4.     Responsibility of owners and occupants.
                       Sec. 70-5.     Unauthorized dumping; littering.
                       Sec. 70-6.     Nuisances.
                       Secs. 70-7-70-30. Reserved.

                                           Article II. Collection And Disposal

                                                    Division 1. Generally
                       Sec. 70-31.   City refuse collection.
                       Sec. 70-32.   Anti-scavenging provisions.
                       Sec. 70-33.   Receptacles generally.
                       Sec. 70-34.   Removal of uncontained refuse and unacceptable materials.
                       Sec. 70-35.   Bulk items and household appliances; stickers required.
                       Sec. 70-36.   City refuse stickers; sale and use.
                       Secs. 70-37-70-55. Reserved.

                                               Division 2.   Rates and Charges
                       Sec.   70-56.   Fees established.
                       Sec.   70-57.   Manner of billing.
                       Sec.   70-58.   Change of occupancy.
                       Sec.   70-59.   Deposit.
                       Sec.   70-60.   Notification of vacancy.
                       Sec.   70-61.   Billing procedures.
                       Sec.   70-62.   Lien for charges.
                       Sec.   70-63.   Fees for stickers.
                       Sec.   70-64.   Termination of service for failure to pay fees.

   *State law references-Garbage disposal act, MCL 123.361 et seq.; solid waste facilities, MCL 324.4301 et seq.; hazardous
waste management act, MCL 324.11101 et seq.; hazardous materials transportation act, MCL 29.417 et seq.; solid waste
management act, MCL 324.11501 et seq.; waste reduction assistance act, MCL 324.14501 et seq.; clean Michigan fund act, MCL
324.19101 et seq.; low-level radioactive waste authority act, MCL 333.26201 et seq.; litter control, MCL 324.8901 et seq.

                                                SOLID WASTE                                          § 70-2

          ARTICLE I. IN GENERAL                        by four feet in dimension, and other discarded
                                                       material incidental to the usual routine of house-
Sec. 70-1. Purpose and intent.                         keeping.

   (a) It is the intent of the city commission that       City contractor means a person with whom the
this chapter be liberally construed for the purpose    city has entered into a contract for the collection,
of providing a sanitary and satisfactory method of     transportation and disposal or refuse from resi-
preparation, collection and disposal of solid waste    dential premises within the city.
and recyclable materials, as well as the mainte-
                                                          City refuse sticker means a sticker that shall be
nance of public and private property in a clean,
                                                       printed with the city seal or other appropriate
orderly and sanitary condition, for the health,
                                                       words which indicate to the city or its contractor
safety and welfare of the community, and to
                                                       that when a sticker is affixed to extra bags of
provide for a reasonable system of user fees to
                                                       mixed refuse or bulk items that such is intended
defray the cost incurred by the city in collecting
                                                       for collection authorized by this chapter.
and administering waste removal and, if possible,
to institute recycling programs.                          Collection point means the point of distribution
                                                       of a mixed refuse collection cart, additional mixed
   (b) The city manager is hereby authorized to
                                                       refuse bag, or a recycling container. A residential
make such rules and regulations as, from time to
                                                       unit is a single collection point. Apartment build-
time, appear to be necessary to carry out this
                                                       ings with no more than six residential units may
intent; provided, however, that such rules are not
                                                       also have one or more collection points.
in direct conflict with this Code or the laws of the
state.                                                    Commercial refuse means any and all accumu-
(Code 1975, § 10-1; Code 2002, § 70-1)                 lation of mixed refuse generated by business
                                                       establishments, churches, schools, apartment build-
Sec. 70-2. Definitions.                                ings with greater than six units, office buildings,
                                                       and other establishments, whether or not en-
  The following words, terms and phrases, when         gaged in commerce. Commercial refuse shall not
used in this chapter, shall have the meanings          include residential unit mixed refuse, construc-
ascribed to them in this section, except where the     tion waste or industrial refuse.
context clearly indicates a different meaning:
                                                         Construction waste means waste materials from
  Additional mixed refuse bag means a polyeth-         the demolition, construction, remodeling and re-
ylene or similar plastic bag of not less than two      pair operations on residences and other buildings.
mils thickness, designed to store refuse and se-
cured in a manner to prevent spillage, leakage or         Curbside means the designated physical loca-
other release of its contents by the use of wire,      tion from the placement of refuse accumulations
string or ties appropriate for this purpose. The       intended for single collection, point collection and
total weight of a bag and its contents shall not       disposal. This designated location shall be as near
exceed 30 pounds.                                      as possible to the curb or edge of the roadway
                                                       where the collection point is located.
   Brush means yard wastes such as shrub clip-
pings, twigs, tree trimmings not greater than four        Extracted stumps means stumps that have
inches in diameter and four feet in length and tied    been extracted, dug, or removed from the ground.
in bundles not to exceed 30 pounds. No wire shall      The term "extracted stumps" includes the at-
be used to tie the bundles.                            tached roots of the tree stumps.
   Bulk items means, but shall not be limited to,         Garbage means all waste animal, fish, fowl,
any household furniture, bed springs, storm doors      fruit or vegetable matter incident to the use,
and windows, metal furniture, water closets, toi-      preparation and storage of food for human con-
lets, bathtubs, sinks, carpets and pads, railroad      sumption. The term "garbage" does not include
ties, fences or fence posts not exceeding three feet   food processing wastes from canneries, slaughter-

§   70-2                                    MUSKEGON CITY CODE

houses, packing houses or similar industries, which     ufacturing operations as well as garbage and
shall be classified as industrial refuse or hazard-     rubbish. The term "industrial waste" excludes
ous waste.                                              hazardous waste.
                                                           Junk means parts of machinery or motor vehi-
   Hazardous waste means waste, or a combina-           cles, used stoves or other appliances, remnants of
tion of waste and other discarded material, includ-     any personal property, any wood, metal, concrete,
ing solid, liquid, semisolid or contained gaseous       building materials or any other material or other
material, which, because of its quality, concentra-     cast-off material of any kind, whether or not the
tion or physical, chemical or infectious character-     same could be put to any reasonable use.
istics, may cause or significantly contribute to an
increase in mortality or an increase in serious           Medical waste (also referred to as medical and
irreversible illness or serious incapacitating, but     contagious waste) means such waste as identified
reversible illness, or pose a substantial present or    in Part 138 of the Public Health Code (MCL
                                                        333.13801 et seq.).
potential hazard to human health or the environ-            State   law   reference-Similar   provisions,   MCL
ment, if improperly treated, stored, transported,       324.11506(b).
disposed of or otherwise managed. The term "haz-
ardous waste" does not include material which is          Mixed refuse means garbage, rubbish and brush
sold for recycling or treatment and stored for one      which constitutes household refuse, but does not
                                                        contain unacceptable items.
year or less, solid or dissolved material in domes-
tic sewage discharge, solid or dissolved material          Mixed refuse collection cart means an approved
in an irrigation return flow discharge, authorized      cart supplied by the city or its contractor to each
industrial discharge to a municipal treatment           residential unit.
system or industrial discharge which is a point            Multiple-family residence means a building with
source subject to permits under section 402 of the      a total of more than six household living units.
clean water act of 1977, 33 USC 1342, or is a
source, special nuclear or byproduct material, as          Refuse means all waste, rubbish, garbage, trash,
defined by the atomic act of 1985, 42 USC 2011 to       junk, bulk items, discarded materials of every
2281. (See MCL 324111.1 et seq.). The term "haz-        kind, unacceptable materials, medical and conta-
ardous waste" shall include waste defined in            gious waste, industrial waste, commercial waste,
section 1102(2)(a) of the natural resources and         domestic waste and any discard or discarded
environmental protection act (MCL 324.11102(2)(a)       materials otherwise defined in this chapter. The
and (b)).                                               term "refuse" includes all the definitional terms
                                                        in this chapter describing, identifying or defining
   Household appliances means, but shall not be         any material, substance, or personal property.
limited to, washers, dryers, air conditioners, mi-        Residential premises means a separate parcel
crowave ovens, humidifiers, stoves, refrigerators       ofland containing a residential structure contain-
and hot water heaters, not including sinks, lava-       ing no more than six household living units, plus
tories, toilets and other plumbing devices.             any residential condominium unit designated as a
                                                        residential premises by the city manager.
   Industrial waste means all waste materials
resulting from industrial or manufacturing oper-          Residential unit means a household living unit
ations or processes of every nature whatsoever,         contained in a residential premises.
including organic and nonorganic wastes. The               Rubbish means miscellaneous solid waste ma-
term "industrial waste" includes refuse material        terial resulting from housekeeping, and shall in-
resulting from cleaning up on connection with           clude, but not be limited to, packing boxes, car-
such industrial or manufacturing operations, and        tons, magazines, ashes, tin cans, bottles, glassware,
refuse material resulting from offices, stores, lunch   dishes, rubber, rags, wood, leather, automobile
rooms, warehouses or other operations estab-            tires, floor sweepings, cans, bottles, paper, car-
lished in conjunction with such industrial or man-      tons, rags, discarded clothing, discarded utensils,

                                                   SOLID WASTE                                           § 70-4

containers, sweepings, glass, crockery, nails, model       authority of state law, an act is prohibited, or
wire, light bulbs, signs, advertising matter, news-        whenever the doing of any act is required or the
paper, and similar materials.                              failure to do any act is declared to be unlawful,
                                                           where no specific penalty is otherwise provided,
   Solid waste means garbage and rubbish. The              whoever violates or fails to comply with any such
term "solid waste" does not include human body             provision shall be responsible for a municipal civil
waste, liquid waste, materials that have been              infraction. A separate offense shall be deemed
separated either at the source or a processing site        committed each day during or on which a viola-
for the purpose of reuse, recycling or composting,         tion or noncompliance occurs or continues.
or any material that has been identified by state
or federal regulation to be unsuitable for disposal           (b) Expenses; equitable remedies. The imposi-
in a type II sanitary landfill. The term "solid            tion of any penalty provided for in this section
waste" also has the meaning assigned to it by              shall be in addition to any expense levied for a
section 11506 of the natural resources and envi-           violation of or noncompliance with a provision of
ronmental protection act (MCL 324.11506).                  this chapter, or a provision of a technical or other
   Trash means discarded household appliances,             code adopted by reference in this chapter, or a
dismantled boats, airplanes, dismantled vehicle            rule, regulation or order promulgated or made
                                                           under authority of either, or of a state law, and
parts, dismantled machinery or tools, machinery
                                                           shall be in addition to any equitable remedy
parts, scrap metal, paper, broken furniture and
                                                           provided by a provision of this chapter, or pro-
similar property.
                                                           vided by state law, including the enforced removal
  Unacceptable bulk items means a bulk item                of prohibited conditions.
which has no sticker or tag authorized by this
chapter attached.                                             (c) Complicity. Every person who commits or
                                                           procures, counsels, aids or abets the commission
    Unacceptable items or materials means build-           of any act declared in this chapter with another
ing materials in large amounts, including, but not         person, or as principal, agent or accessory, shall
limited to, concrete, wood, earth, motor vehicle or        be responsible for a municipal civil infraction.
machinery parts, junk vehicles of any type, used           Every person who falsely, fraudulently, forcibly or
oil, tires, tree branches, logs or wood exceeding          willfully induces, causes, coerces, requires, per-
four feet in length or four inches in diameter, tree       mits or directs another to violate any provision of
stumps, industrial waste, any item not contained           this chapter shall likewise be responsible for a
in a container or bag authorized by this chapter,          municipal civil infraction.
and any bulk item or appliance without an autho-           (Code 1975, § 10-15; Code 2002, § 70-3)
rized sticker attached.
  Yard waste means the miscellaneous waste                 Sec. 70-4. Responsibility of owners and oc-
material resulting from landscaping a home, in-                       cupants.
cluding, but not limited to, grass, weeds, house
                                                              (a) Every owner, occupant or person in posses-
plants, leaves, brush, garden waste material and
                                                           sion of any premises in the city is required to have
dirt incidental to minor plantings.
                                                           refuse removed and disposed of in accordance
(Code 1975, § 10-2; Code 2002, § 70-2; Ord. No.
                                                           with this chapter and in accordance with all rules
2038, § 10-2, 12-12-2000)
  State law reference-Definitions, MCL 324.11501 et seq.
                                                           and regulations promulgated under this chapter.
                                                           The city shall provide for certain refuse removal
Sec. 70-3. Penalty; complicity.                            services for residential premises and there shall
                                                           be paid to the city charges specified by the city
   (a) General penalty. Whenever, in this chapter          commission for such services. Every owner, occu-
or in any technical or other code adopted by               pant or person in possession of multiple residen-
reference in this chapter, or in any rule, regula-         tial or nonresidential, commercial or industrial
tion or order promulgated or made under author-            premises shall be responsible for the storage,
ity of any provision of this chapter, or under             collection and disposal of refuse on and from the

§ 70-4                                       MUSKEGON CITY CODE

premises, as authorized, required and as prohib-         Sec. 70-5. Unauthorized dumping; littering.
ited by this chapter, or federal, state or local laws,
                                                            (a) It shall be unlawful for any person, without
rules, and regulations.                                  the written consent or license of the city, to enter
                                                         into the city for the purpose of disposing, depos-
   (b) Upon meeting every requirement of this            iting or leaving any refuse of any kind, unaccept-
chapter and the rules and regulations adopted by         able items, unacceptable bulk items, discarded
the city, a person may dispose of refuse. If a           bulk refuse of any kind, or construction waste.
person acts in accordance with section 70-31, the
person shall be deemed to elect the city collection         (b) It shall be unlawful for any person to
service, which shall be charged to the property.         throw, deposit or leave, or cause or permit the
                                                         throwing, depositing or leaving, of refuse of any
   (c) No owner, occupant, tenant or lessee of any       kind, directly or indirectly, on public or private
building, structure, property or premises in the         property or waters, other than property lawfully
                                                         designated and set aside for such purposes by a
city shall store, collect, transport, or dispose of
                                                         public authority having jurisdiction.
any refuse, garbage, rubbish or other rejected,
unwanted or discharged waste materials, except              (c) In any proceeding for violation of this chap-
in compliance with this chapter and applicable           ter involving littering from a motor vehicle or
state, federal and local laws, rules and regula-         watercraft, proof that the particular motor vehi-
tions.                                                   cle or watercraft described in the citation, com-
                                                         plaint or warrant was used in the violation, or
   (d) No refuse of any description may be accu-         proof that the defendant named in the citation,
mulated on any premises in the city for a period         complaint or warrant at the time of the violation,
longer than seven days, or the period between            shall give rise to a presumption and be prima
scheduled collection dates, whichever is longer.         facie evidence that the registered owner or person
All refuse shall be collected from each premises         in charge of the vehicle or watercraft at the time
and disposed of in accordance with this chapter,         of the violation was responsible therefor.
federal, state or local laws, rules and regulations         (d) The owner or person in charge of a motor
immediately. Notwithstanding the above periods,          vehicle or watercraft in which there are other
refuse not eligible for city contractor or licensee      occupants shall be presumed to be responsible for
collection shall be immediately disposed of in a         littering on public or private property, or waters
legal manner.                                            until the contrary is established by competent
   (e) It shall be unlawful for any person to burn       (Code 1975, § 10-4; Code 2002, § 70-5)
refuse at any place in the city, whether owned or            State law reference-Littering, MCL 324.8901 et seq.
occupied by such person or not, or upon any alley,
street, or other public place within the city unless     Sec. 70-6. Nuisances.
in an enclosed incineration device approved or              (a) Removal or abatement. Any unauthorized
licensed by a public authority having exclusive          accumulated refuse, any scattered or uncontained
jurisdiction thereof. No open burning of any ma-         refuse, broken or open additional mixed refuse
terials shall be allowed in the city.                    bag, or overturned mixed refuse cart, additional
                                                         mixed refuse bag in excess of 30 pounds, addi-
   (f) In order to comply with the requirements of       tional mixed refuse bag containing unacceptable
this chapter and the rules and regulations ad-           materials, mixed refuse collection cart containing
opted under this chapter, no person shall use the        unacceptable materials or any bag placed in front
services of a collector unless a collector has been      of a residence contrary to any collection procedure
licensed by the city after meeting all lawful re-        referred to in this chapter, any refuse bag or
quirements of the city.                                  device without an authorized sticker attached,
(Code 1975, § 10-3; Code 2002, § 70-4; Ord. No.          any unacceptable items, or any unacceptable bulk
2038, § 10-3(a), 12-12-2000)                             item or bulk item or appliance placed in front of a

                                              SOLID WASTE                                          § 70-31

residence contrary to this chapter is hereby de-     service is afforded under this chapter shall place
clared to be a public nuisance and is subject to     all accumulated and acceptable refuse for collec-
removal or abatement. The city may enter any         tion in a mixed refuse collection cart supplied by
premises for the purpose of removing or abating      the city or its contractor which cart shall be
the nuisance. The city commission shall provide,     tightly sealed, with excess mixed refuse in addi-
by rule or regulation, for notice to the owner and   tional mixed refuse bags with authorized stickers
occupant of abatement procedures.
                                                     attached. Mixed refuse collection carts and addi-
  (b) Expenses.
                                                     tional refuse bags intended for collection with
  (1)  Any expense, including the administra-        stickers attached shall be placed by the owner
       tion costs to the city, incurred in the       and occupant of the residential unit at the curb in
       removal or abatement of the nuisance
                                                     front of the residence not earlier than 7:00 p.m. of
       shall be the responsibility of the owner
       and occupant of the property on which or      the day preceding the collection day and not later
       in front of which the condition existed and   than 6:00 a .m . of the day of collection. Additional
       shall be paid by the owner and occupant       refuse bags intended for collection shall not be
       in whose name the property appears on         broken nor weigh more than 30 pounds when
       the city's real property tax assessment       filled. The owner and occupant shall not place or
       records.                                      cause to be placed any unacceptable items in any
  (2) The expense incurred shall be a lien against   additional refuse bag or mixed refuse collection
       the real property and shall be reported to    cart intended for collection. No person shall place
       the city assessor who shall assess the        refuse materials of any kind on the premises of or
       expense against the property on which or      in front of a residence for city collection service,
       in front of which the nuisance was lo-        except refuse originating in that residence.
  (3) The owner or party in interest in whose           (b) Rules and regulations. The city manager
       name the property appears upon the last       shall make such rules and regulations, including
       local tax assessment records shall be no-     schedules, as he deems necessary to govern the
       tified on the amount of such cost by first    collection and disposal of all refuse within the
       class mail at the address shown on the tax    city. Such rules and regulations shall be in effect
       records. If the owner or party in interest    upon their approval by the city commission. The
       fails to pay the amount within 30 days
                                                     rules and regulations may provide for unique or
       after mailing by the city assessor of a
                                                     infrequent waste collections such as Christmas
       notice of the amount thereof, the city
                                                     trees or seasonal yard waste. The rules may
       assessor shall add the amount to the next
       tax roll of the city and such amount shall    provide for recycling and the placement of recy-
       be collected in the same manner in all        cling containers. All rules and regulations shall be
       respects as provided by law for the collec-   publicized.
       tion taxes by the city.
(Code 1975, § 10-14; Code 2002, § 70-6)                 (c) City contractor. The city may, by advertis-
                                                     ing for bids, enter into a contract for city refuse
Secs. 70-7-70-30. Reserved.                          collection with a contractor, who shall be licensed.
                                                     The contractor shall be a person the city commis-
        ARTICLE II. COLLECTION AND                   sion deems best able to collect and dispose of
                 DISPOSAL                            residential refuse in the city in accordance with
                                                     the best interests of the city and its residents, and
                                                     pursuant to this chapter and rules and regula-
           DIVISION 1. GENERALLY                     tions adopted by the city. The contract documents
Sec. 70-31. City refuse collection.                  shall contain provisions that the city contractor
   (a) Placement of refuse. Unless authorized by     shall commit to collect and dispose of refuse from
section 70-4(b), every owner and occupant of a       all residential premises in the city in full compli-
residential unit for which city refuse collection    ance with this chapter and applicable local, state

§ 70-31                                    MUSKEGON CITY CODE

and federal laws, rules and regulations, subject to    24 hours after such refuse has been scattered or
provisions for alternate collection and disposal       deposited, and dispose of such refuse in accor-
under section 70-4(b), if any.                         dance with this chapter or in accordance with
(Code 1975, § 10-5; Code 2002, § 70-31)                federal and state laws, rules and regulations.
                                                          (b) Unacceptable items, including, but not lim-
Sec. 70-32. Anti-scavenging provisions.
                                                       ited to, commercial, medical and contagious, in-
   (a) From the time of placement at the curb for      dustrial refuse, untagged or unacceptable appli-
collection, any mixed refuse, yard waste, properly     ance or bulk items, shall be removed from all
tagged household appliances, additional bags, bulk     premises and disposed of by the owner and occu-
items, or recyclable material required to be sepa-     pant thereof in accordance with this chapter or
rated from the resident's solid waste in accor-        federal and state laws, rules and regulations. It
dance with this chapter or rules and regulations       shall be unlawful to store any unacceptable items
for the purposes of collection shall be the property   on any premises.
of the city or its authorized agent.                   (Code 1975, § 10-8; Code 2002, § 70-34)

    (b) No person shall take, collect, scavenge,       Sec. 70-35. Bulk items and household appli-
rifle, or transport refuse or recyclable material                  ances; stickers required.
from any street right-of-way, alley, refuse or gar-
bage dumpster, trash bags or mixed refuse collec-         (a) City bulk item and household appliance
tion cart without city authorization for such ac-      stickers shall be as follows:
tivity.                                                    (1)   City bulk item and household appliance
(Code 1975, § 10-6; Code 2002, § 70-32)                          stickers shall have distinctive colors and
                                                                 shall be printed with the city seal or
Sec. 70-33. Receptacles generally.                               appropriate words which will readily in-
   (a) Required. No person, whether owner or                     dicate to city collectors that the bulk items
occupant, shall deposit, place or permit to remain               or household appliances are intended for
any refuse upon any property, whether owned by                   citywide residential bulk collection and
such person or not, within the limits of the city,               household appliance service.
unless such refuse is enclosed in a mixed refuse           (2)   City bulk item and household appliance
collection cart of a size, shape, and construction               stickers shall be sold, at a price deter-
as is determined to be appropriate by the city                   mined by resolution of the commission, at
manager in the rules and regulations, in an                      outlets designated by the city. Designated
additional mixed refuse bag with sticker or it is a              sales outlets shall sell city bulk item and
household appliance or bulk item with lawful                     household appliance stickers only at the
stickers attached.                                               price established by the commission. How-
                                                                 ever, the appropriate sales tax may be
  (b) Nonconforming receptacles. Receptacles that
                                                                 charged by the retail establishment if
are badly broken or otherwise fail to meet the
                                                                 required by state statute.
requirements of this chapter or are of a design or
capacity other than those provided by the city            (b) The city shall collect and dispose of all bulk
may be classified as refuse and, after due notice to   items and household appliances from all single
the owner, may be collected as refuse.                 unit collection points within the city on a schedule
(Code 1975, § 10-7; Code 2002, § 70-33)                approved by the city manager. All such items
                                                       must have the appropriate city sticker attached.
Sec. 70-34. Removal of uncontained refuse
            and unacceptable materials.                   (c) The conditions for service of bulk items and
                                                       household appliances and the collection schedules
   (a) The owner and occupant of a residential         shall be the same as those listed in this chapter
unit shall remove any scattered or uncontained         for other materials, or set out in rules and regu-
refuse, including unacceptable materials, within       lations.

                                                 SOLID WASTE                                             § 70-58

   (d) No person shall transport bulk items or              (e) Additional refuse bags with no attached
household appliances to public property for the          sticker will not be removed by the contractor and
purpose of depositing the bulk items in trash            will be considered a public nuisance according to
receptacles located within the public property.          the provisions of this chapter and constitute a
                                                         violation by the owner and occupant of the prem-
   (e) The removal of bulk items or household            ises.
appliances and unacceptable items shall be as            (Code 1975, § 10-10; Code 2002, § 70-36)
  (1)   The city is not required to collect unac-        Secs. 70-37-70-55. Reserved.
        ceptable bulk items. When such items are
        encountered, the city or its contractor                DIVISION 2. RATES AND CHARGES
        shall affix a notice to the item or collection
        of items explaining that such material is        Sec. 70-56. Fees established.
        unacceptable and the telephone number
        of its office where inquiries may be re-            The city commission shall establish, by resolu-
        ceived.                                          tion, all fees for refuse collection. Such fees shall
                                                         be subject to revision by the city commission, from
  (2)  The owner and occupant shall remove               time to time. Owners and occupants of each
       from the curb in front of his residence any       residential unit served by city refuse collection
       unacceptable bulk item, or any bulk item          shall be charged and responsible for the payment
       placed in front of the residence at a time        of the applicable fees.
       other than provided for placement of re-          (Code 1975, § 10-16(a); Code 2002, § 70-56)
       fuse under this chapter and rules and
       regulations.                                      Sec. 70-57. Manner of billing.
(Code 1975, § 10-9; Code 2002, § 70-35)
                                                            In the case of a residential premises containing
                                                         more than one dwelling unit, which units are
Sec. 70-36. City refuse stickers; sale and use.
                                                         billed separately for charges by the city for sewer
  (a) Specifications for city mixed refuse stickers      or water service, fees for refuse collection shall be
and their use shall be promulgated by the city           billed to the person who is the customer of the
manager.                                                 city. In the case of such premises containing more
                                                         than one residential unit, which premises are
  (b) The prices for the various stickers shall be       served by a single water and sewer bill, so that
determined by resolution of the city commission.         occupants or tenants cannot be billed separately
                                                         by the city, fees for refuse collection shall be billed
   (c) The city or its authorized representative         to the customer of the single utility bill and that
may sell city solid waste or yard stickers to            customer shall be liable for the fee for such
individuals and/or through participating retail          premises. Owners and occupants of residential
sales establishments. Participating sales estab-         premises who are not water or sewer customers of
lishments shall sell the stickers for not more than      the city shall be billed. Regardless of billing
the price specified by the city commission. How-         procedures, owners of all premises served shall be
ever, the appropriate sales tax may be charged by        responsible for all charges.
the retail establishment if so required by state or      (Code 1975, § 10-16(b); Code 2002, § 70-57)
federal law.
                                                         Sec. 70-58. Change of occupancy.
   (d) City refuse stickers must be attached to
additional mixed refuse bags which is not within            Collection of refuse and appropriate charges
the provided mixed refuse collection cart. Addi-         for service shall continue, regardless of the cus-
tional mixed refuse must be contained in appro-          tomer's response to the billing procedure, so long
priate plastic or degradable garbage bags. Each          as the residential unit is deemed occupied and
bag must not weigh greater than 30 pounds.               service has not been lawfully refused by the

§ 70-58                                     MUSKEGON CITY CODE

owner and occupant, or terminated by the city.                     statement. The payment date shall con-
The owner of the premises shall advise the city or                 stitute the date upon which payment is
its contractor of any change in occupancy of the                   received at the appropriate office. Late
residential unit or use of the service for purposes                charges in accordance with water and
of service billing. Every owner and occupant of a                  sewer bills shall be assessed on all charges
premises charged for refuse collection shall be                    for waste collection.
responsible for the period billed, or such portion of        (3)
                                                               Partial payments on combined water, sewer
a billing period as may be provided for in the rules           and waste collection bills shall be pro-
and regulations.                                               rated to each service. There shall be no
(Code 1975, § 10-16(c); Code 2002, § 70-58)                    allocation of charges among services.
                                                        (Code 1975, § 10-16(£); Code 2002, § 70-61)
Sec. 70-59. Deposit.
   If the city is notified that a tenant is responsi-   Sec. 70-62. Lien for charges.
ble for city refuse service charges, the city shall        (a) Charges for city refuse collection shall con-
require a tenant deposit of such amount as may          stitute a lien on such premises.
be determined by regulation, which shall be ap-
plied to the final bill upon termination of refuse         (b) In addition to the methods for collecting
service to a tenant.                                    fees imposed by or pursuant to this chapter, the
(Code 1975, § 10-16(d); Code 2002, § 70-59)             city treasurer's office shall certify all unpaid charges
                                                        for waste collection services to any premises which
Sec. 70-60. Notification of vacancy.                    have remained unpaid in the same manner as
                                                        water and sewer charges. Such unpaid charges
   (a) Owners and occupants of residential units        shall be certified to the city assessor who shall
shall notify the city if such premises are being        place such charges on the tax assessment roll of
vacated. An owner and occupant taking title to or       the city.
possession of a residential unit in the city shall      (Code 1975, § 10-16(g); Code 2002, § 70-62)
notify the department immediately to avoid delay
in billing and collection procedures.                   Sec. 70-63. Fees for stickers.
   (b) No charge shall be made to nor collection          Fees to be paid for stickers as set forth in the
service rendered to, a residential unit when it is      regulations shall be payable in cash at the time of
temporarily vacated by order of the city.               purchase of the stickers.
   (c) Responsibility for notification of vacancy       (Code 1975, § 10-16(h); Code 2002, § 70-63)
for the purpose of terminating collection service
shall be upon the owner and occupant.                   Sec. 70-64. Termination of service for fail-
(Code 1975, § 10-16(e); Code 2002, § 70-60)                         ure to pay fees.
                                                           The city may terminate refuse collection ser-
Sec. 70-61. Billing procedures.                         vice to a premises for failure to pay fees . The
   The following billing procedures shall be con-       power to terminate refuse collection service does
trolling as to city refuse collection service:          not require the city to do so, and the city may elect
                                                        to continue service and invoke other remedies for
   (1)    Statements shall be rendered on com-          failure to pay fees .
          bined city water, sewer and waste collec-     (Code 1975, § 10-16(i); Code 2002, § 70-64)
          tion bills, and shall be payable in the
          same manner as is normal for the pay-
          ment of water and sewer bills. Separate
          billings for premises where no water or
          sewer services occur shall be made.
   (2)    The billing statement shall be payable on
          or before the due date shown on the


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