ORDINANCE #O14-3875

AN ORDINANCE INTRODUCED BY THE BUILDING INSPECTION DIVISION

AMENDING CITY CODE CHAPTER 58, GARBAGE AND RUBBISH

The Common Council of the City of Superior, Wisconsin, does ordain as follows:

SECTION 1: Section 58 of the Code of Ordinances of the City of Superior, Wisconsin,

is hereby amended to read as follows:

Garbage and Rubbish Proposed changes ARTICLE I. IN GENERAL Sec. 58-1. Purpose of chapter.

This chapter is adopted for the purpose of promoting and preserving the health and sanitation in the city through the regulation of the storage, collection, transportation anddisposition of garbage, rubbish, brush and ashes in the city. and the collection and transportation thereof by the garbage department of the city. (Code 1971, § 16-1)

Sec. 58-2. Duty to keep public property grounds and premises clean and free from garbage, and refuse and debris.

It shall be unlawful for any person to place, throw, leave or permit to remain any rubbish, paper, dirt, waste, debris or garbage upon any street, gutter, sidewalk, alley, park or other public ground and it shall be the duty of each and every owner or occupant of any real property to clear any such rubbish from all adjacent streets, gutters, sidewalks, ditches or alleys. (Code 1971, § 16-2)

Sec. 58-3. Littering. (a) All loose papers or other light materials so deposited, left or scattered so that they may be blown away or scattered about in the city are declared to be a public nuisance and dangerous to the city; and no such papers or other light materials shall be swept, or thrown out, or deposited or left loose or swept or thrown out so that they may be blown away or scattered about the city. (b) It is the special duty of the chief of the fire department to enforce the provisions of this section. (Code 1971, § 16-3)

Sec. 58-4. Duty to keep private property clean and free from garbage, refuse and debris. It shall be unlawful for any person to place, throw, leave or permit to remain any rubbish, paper, dirt, waste, debris or garbage upon any real property within the city. (a) It shall be the duty of each and every owner of any real property to clear any such rubbish, paper, dirt, waste, debris or garbage from all property owned by them. (b) It is unlawful for any person to dump garbage, refuse, recyclables, demolition materials, or bulky materials onto any other person's property or into any other person's refuse or recyclable container, unless acting with proper permission or authority. This subsection does not apply to garbage receptacles held out for public use.

(c) It is unlawful for any person to rummage or scavenge through any public garbage container or any other person's garbage or recyclable container, unless acting with proper permission or authority.

(a) Generally. The owner, occupant or tenant of any real property shall keep the property in a safe and sanitary condition, free of rubbish and other debris. (b) Findings of fact. The common council finds the following facts: (1) The city includes approximately 45 square miles; (2) Within the city there are approximately 17,500 private and commercial owned parcels which lie in close proximity to improved residential or commercial lots (buildings) or which lie in areas zoned for residential or business use; (3) In many cases the owners of these lots, some of whom are nonresidents, have allowed rubbish, paper, dirt, waste, debris or garbage to accumulate on these lots; (4) In addition to these lots, the city contains miles of vacant land lying on railroad rights-of-way; (5) The vacant land lying adjacent to railroad tracks often becomes a dumping ground for unwanted rubbish and debris; (6) Grain spills along such tracks often create an especially good habitat for rats, mice and other animal life; (7) The rubbish and debris provides shelter for rats, mice, mosquitoes, flies and other noxious insects; (8) Lots containing rubbish and other debris depreciate the value of adjacent property and create eyesores. While many items are considered eyesores to the public, they are nevertheless, often inescapable and may actually provide beneficial services to the community. Provisions must be made to serve the public in both providing necessary services while screening such eyesores from public view. The following are considered eyesores and, if unconstrained, constitute public nuisance: a. Scrap, whether wood, metal, rubber, plastic or paper;

b. Inoperable, damaged, disassembled, abandoned, junk or impounded vehicles, machinery

snow, farm, construction, marine, tool or lawn/garden equipment. c. Any inoperable, disassembled or salvage appliances, plumbing fixtures, heating/cooling equipment, parts or accessories; d. Any additional items so deemed by the common council. (9) The city has learned from its experience that the time and costs of providing notice and hearing before removing rubbish and other debris render it impossible to inspect and remove the same in all areas of the city during the short summer season; (10) The time and manpower involved in locating the sites, measuring the sites, finding the owners and giving notice has resulted in only limited, selective and ineffective enforcement; and (11) The unkept lots in close proximity to improved residential or commercial lots/buildings create a particularly unhealthy situation in that they bring people in direct contact with the undesirable animals, garbage and debris. (c) Public nuisance--Defined. It is declared that for the purpose of this section public nuisance shall be defined as property which is not kept in a safe and/or sanitary condition. (d) Same--Prohibited. No person who is the owner, lessee, occupant or other person in possession or control of land shall permit any public nuisance on such land. The chief building inspector, or designee, may abate public nuisances, or cause them to be abated, on public and/or private property. (e) Duties of the building inspector. Unless otherwise determined by the mayor, the building inspector, shall have the powers and duties set forth in Wis. Stats. §§ 66.0405, 66.0407 and shall assess fees for public nuisances. Any city employee working under the direction of the

building inspector shall be a deputy inspector and have the powers set forth in Wis. Stats. § 62.17. The building inspector and any deputy inspectors shall be paid at their normal rate of pay as city employees for duties performed under this article. Such pay, plus the costs of transportation, equipment, fuel, fringe benefits and administration costs, shall be considered compensation for purposes of Wis. Stats. §§ 66.0405, 66.0407. These fees, and public nuisance removal fees as established herein, shall be presented to the city treasurer for placement on the tax rolls as provided under Wis. Stats. § 66.0703. The provisions of the article notwithstanding, neither the building inspector or any deputy inspector shall receive any amounts in addition to their normal rate of pay as city employees for work performed under this article or Wis. Stats. § 66.0627. Fees for abatement and removal of public nuisances and administrative costs shall be set by the building inspector but shall be no less than the actual cost incurred during removal process. (f) Hearings. Any person aggrieved by the building inspector's or deputy inspector's performance of their duties may, request a review or appeal under Wis. Stats. ch. 68. Any appeal shall be heard by the city clerk who shall decide the matter and may grant such relief or payment as they determine. (g) Assessment of special charges. In addition to the method provided under Wis. Stats. §§ 66.0405, 66.0407 for the collection fees for violations, special charges for the removal of public nuisances on private property as defined by this section may be imposed as provided by state law. If such charges are not paid within 30 days from the date on which removal occurs, the special charge shall be considered delinquent, and become a lien as provided in Wis. Stats. § 66.0703(13), and shall automatically be extended upon the current or next tax roll as provided by Wis. Stats. § 66.0627(4). (h) Enforcement. In addition to all other proceedings, the building inspector, any deputy inspector, assistant building inspector, housing inspector, the county health officer or any law enforcement officer may issue citations for violation of this section. (1) As listed in subsection (b)(8) of this section, such eyesore shall be: a. Restricted to appropriately zoned areas; and b. Screened from casual public view from any public sidewalk, street or avenue by means of fence and/or building. (2) Fences must be at least six feet high, constructed of suitable, durable and aesthetically acceptable materials maintained in accordance with the property maintenance code. (Code 1971, § 16-4; Ord. No. O04-3488, § 1, 7-6-2004)

Sec. 58-5. Dumping refuse prohibited.

No person shall dump garbage, rubbish or other debris anywhere except the municipal landfill garbage disposal site. (Code 1971, § 16-5)

Sec. 58-6. Garbage to be wrapped; food service establishments to place garbage in plastic bags.

All garbage shall be securely wrapped or placed in plastic paper bags before it is deposited in the approved garbage receptacle. All establishments serving either food or drink or both, shall be required to use plastic liners to contain their garbage before placing it in garbage cans the approved garbage receptacle. (Code 1971, § 16-8)

Sec. 58-7. Deposit and Storage of garbage in approved and garbage receptacles.

(a) All garbage, refuse, debris and recyclable materials shall be deposited in approved receptacles.

(b) All garbage shall be deposited in receptacles approved by the Department of Public Works when collection service is provided to the property by the Department of Public Works.

(c) A storage area shall be provided for garbage receptacles, recyclable receptacles and rubbish.

(d) All storage areas shall be located on the property served and not on the city street or city alley right-of-way.

(e) Storage areas shall be kept free of loose, unwrapped or unconstrained garbage and rubbish.

(f) Storage areas shall not contain discarded household appliances, yard waste, building materials or any other material unless picked up and removed at least weekly.

(g) Storage areas shall not be located in the front yard. (h) Storage areas located on the street side yard of corner lots of any residential property

shall be screened from view so that the garbage and rubbish receptacle is not openly and prominently visible from the streets.

(i) Storage areas shall be clearly located, enclosed, fenced or marked with signs to designate the property served by the storage areas.

(j) Storage areas on interior side yards of residential properties shall not be closer than 10 feet from the property line and shall be enclosed or guarded from view.

(k) All yards are defined in accordance with Sec. 122.1. (l) Storage areas for mobile homes or manufactured homes within licensed manufactured

home communities are exempt from subsections (i) and (j) but shall not be forward of the main front entry door or rear entry door.

(m) Storage areas shall be located in a manner best meeting the intent of sub-sections (a) to (l) when lot size and building dimensions make it impossible to fully comply with subsections (a) to (l).

(Code 1971, § 16-9)

Sec. 58-8. Preparation of rubbish and refuse for collection.

(a) For efficient handling by city collection crews, rubbish and other debris shall be placed in the standard garbage receptacles as ordered by the department of public works. Brush and tree trimmings shall be tied in bundles of not over four feet in length.

(b) Overflowing garbage containers, scattered garbage and rubbish piles on premises in the city are prohibited. All garbage and rubbish containers shall be covered and garbage, trash and refuse may not be piled so that it is above the top of the container. Premises owners and/or occupants may be cited and are responsible for a violation of this section. The city may remove or cause to remove any garbage or rubbish in violation of this section and the cost thereof shall be assessed to the owner or occupant.

(Code 1971, § 16-10)

Sec. 58-9. Placement of garbage and refuse for collection. (a) Pickup area Storage area . Each garbage and rubbish receptacle shall be placed for pickup at the alley line of the property for which the garbage receptacle is furnished or at such other location as may be ordered by the department of public works. If no alley is adjacent to the property being served, all rubbish and each all garbage receptacles shall be placed for pickup at the designated location as determined by the Department of Public Works. unless otherwise ordered by the department of public works, be placed at the end of the property which is opposite the street fronting the property, or at another location which ensures that the receptacle is not visible from the street fronting the property.

(b) Collection Times. Pickup area . In the event the storage area of the garbage receptacle is different than the pickup location designated by the director of public works, The receptacle shall be moved from the storage area to the pickup area not more than 12 hours prior to the scheduled pickup time and returned to the storage area not more than eight hours after the scheduled pickup time. (Code 1971, § 16-11)

Sec. 58-10. Vehicles used to transport garbage and refuse to be watertight.

It shall be unlawful for any person to transport garbage or refuse upon the streets of the city unless the vehicle used to transport the garbage or refuse is completely watertight. (Code 1971, § 16-12)

Sec. 58-11. Classification of premises for garbage removal.

The following classes of places are established for the purpose of garbage removal: (1) Residential premises . A residential premises is any building which is occupied and used exclusively as one single-family dwelling and includes such legal home occupations as permitted in one-family residential districts under the zoning code. (2) Small commercial premises . A small commercial premises is any building or lot, regardless of the number of tenants or businesses located therein, other than a residential premises as defined in subsection (1) of this section, in which enough garbage is generated to require the pickup of no more than four city approved garbage receptacles per week. When a small commercial premises produces enough garbage to require the pickup of more than four city approved garbage receptacles per week thereby becoming a large commercial premises, the city shall notify the property owner to advise that the city's garbage receptacles will be removed following the next scheduled collection and the owner or tenant of those premises shall be responsible for the disposal of its own garbage at its own cost in a legal and safe manner. (3) Large commercial and industrial premises . A large commercial and industrial premises is any building or lot which is not a residential premises or a small commercial premises. A small commercial premises shall not become a large commercial and industrial premises due solely to an isolated incident in which the volume of garbage exceeds the amounts set forth in subsection (2) of this section. An incident will be considered isolated if it does not reoccur within three months. The city will not pick up excess garbage generated by an isolated incident. (Code 1971, § 16-13)

Sec. 58-12. Residential premises pickup.

Except as provided by section 58-18, the city will, at no charge to the owner or occupant, provide for the pickup of a maximum of two garbage receptacles per week at each residential premises in the city. A second container will be distributed at the discretion of the public works director or his or her representative when the need is demonstrated by the volume of garbage generated on the premises. The city will provide one stop per residential premises per week to make any pickups under this section. All garbage receptacles picked up shall conform to the requirements of sections 58-7 and 58-9. No receptacles containing any substance identified in section 58-42 or containing any substance which, in the opinion of the director of public works, is harmful to collection crews or equipment, is noxious, or is improperly disposed of shall be picked up. (Code 1971, § 16-14)

Sec. 58-13. Small commercial premises pickup.

Except as provided by section 58-18, the city will, at no charge to the owner or occupant, provide for the pickup of a maximum of three garbage receptacles once per week at each small

commercial premises in the city. Second and third containers will be distributed at the discretion of the public works director or his or her representative when the need is demonstrated by the volume of garbage generated on the premises. A fourth receptacle may be distributed at the discretion of the director of public works; provided, however, that the owner or occupant of the small commercial premises shall pay to the city the amount of $32.50 per month in advance for the once a week pickup of the fourth receptacle. The city will provide one stop per premises per week to make any pickups under this section. All garbage receptacles picked up shall conform to the requirements of section 58-7 and section 58-9. No receptacle containing any substance identified in section 58-42 or containing any substance which is harmful to collection crews or equipment, is noxious, or is improperly disposed of shall be picked up. (Code 1971, § 16-15)

Sec. 58-14. Large commercial and industrial premises.

The city will not pick up nor provide garbage receptacles at large commercial and industrial premises. Owners and occupants of such premises shall provide garbage and trash removal and disposal at their own cost in a legal and safe manner. (Code 1971, § 16-16)

Sec. 58-15. City to furnish garbage receptacles.

The city shall supply to the owner, occupant or tenant of each residential premises a maximum of two garbage receptacles as outlined in section 58-12. The city will supply a maximum of four garbage receptacles at each small commercial premises as outlined in section 58-13. These receptacles will be supplied at no cost except as provided in section 58-16. (Code 1971, § 16-17)

Sec. 58-16. Repair and replacement.

The city will replace or repair any container damaged by its collection service. The destruction of receptacles due to misuse or disposing of unauthorized material identified in section 58-42 will result in replacement of container by the city for a fee of $75.00. (Code 1971, § 16-18)

Sec. 58-17. Harmful material.

No person shall place in any garbage receptacle any material which is harmful to collection crews, garbage receptacles or collection equipment, or which is noxious or improperly disposed. (Code 1971, § 16-19)

Sec. 58-18. Annual city cleanup.

Once each spring the city shall provide a citywide pickup of household trash which cannot be disposed of in city approved garbage receptacles. The public works director may refuse to pick up any item which is harmful, noxious, excessive or unsuitable for pickup by the available equipment and disposal location. Any person may request additional pickup of such household trash provided, however, that such person shall pay in advance to the city the cost of the pickup and disposal, including but not limited to, cost of equipment, time, labor, administration and landfill fees. Items intended for the annual spring pickup shall be placed at the designated pickup area no sooner than 7 days before the scheduled pickup date and must be removed, if unapproved or unsuitable for pickup, no later than 7 days after the scheduled pickup date unless special pickup arrangements have been made and payment has been received by the Public Works Department for the special pickup. (Code 1971, § 16-20; Ord. No. O05-3513, § 1, 4-19-2005)

Sec. 58-19. Property owners to be responsible. Notice of violation, of any section of this article of this chapter, will be given to the owner, occupant, tenant, manager, property manager, rental agency or other responsible person if such persons are readily known. Within any three month period, the first notice of violation will be sent followed by citation and/or other enforcement action if the violation is not corrected or abated. Additional similar violations within any three month period will be sent a citation without notice. The property owner shall be responsible for compliance with this article, Sections 58-1 through 58-9. Enforcement action will ultimately be directed to the property owner alone if other responsible persons are not readily known or recorded with the public works department.

Sec. 58-20. Public Nuisance Declared The purpose of this subsection is to recognize the private and public benefits resulting from the safe, sanitary and attractive exterior maintenance of residential and nonresidential yards, lots, parcels or vacant or un-improved areas. Attractive and well maintained property will enhance the neighborhood and City and provide a suitable environment for increasing physical and monetary values. (a) Generally. The owner, occupant or tenant or responsible person in control of any real property shall keep the property in a safe, clean and sanitary condition, free of garbage, rubbish, other debris and items or conditions considered a public nuisance. (b) Findings of fact. The common council finds the following facts:

(1) The city includes approximately 45 square miles; (2) Within the city there are approximately 17,500 private and commercial owned

parcels which lie in close proximity to improved residential or commercial lots (buildings) or which lie in areas zoned for residential or business use;

(3) In many cases the owners of these lots, some of whom are nonresidents, have allowed rubbish, paper, dirt, waste, debris or garbage to accumulate on these lots;

(4) In addition to these lots, the city contains miles of vacant land lying on railroad rights-of-way;

(5) The vacant land lying adjacent to railroad tracks often becomes a dumping ground for unwanted rubbish and debris;

(6) Grain spills along such tracks often create an especially good habitat for rats, mice and other animal life;

(7) The rubbish and debris provides shelter for rats, mice, mosquitoes, flies and other noxious insects;

(8) Lots containing rubbish and other debris depreciate the value of adjacent property and create eyesores;

(9) Provisions are available for the proper disposal of unwanted, discarded items and garbage and recyclable materials by engaging services of municipal service providers, contract haulers, licensed junk and salvage dealers and other approved and acceptable resources.

(10) The following are considered eyesores: a. Scrap of any type whether wood, metal, rubber, plastic or paper or any other

type;

b. Inoperable, damaged, disassembled, abandoned, junk or impounded vehicles, and inoperable, damaged, disassembled, abandoned, junk or impounded farm, construction, snow, marine, tool or lawn/garden machinery or equipment;

c. Any operable item exceeding three in number from subsection b. above excluding vehicles;

d. Any inoperable, disassembled or salvage appliances, plumbing fixtures, heating/cooling equipment including parts or accessories of such items and any other similar items;

e. Any operable appliance or operable item listed in subsection d. above stored in plain view on the exterior of a garage or dwelling for a period of time exceeding 10 days shall be considered an eyesore.

f. Any unconstrained accumulation of garbage, rubbish, trash, debris, yard waste, litter, junk or other similar items not handled, managed or contained in manners set forth in this chapter or any other ordinance or regulation of the State of Wisconsin or the City of Superior.

g. Any additional items so deemed by the common council. (11) The city has learned from its experience that the time and costs of providing

notice, hearing and removal or abatement of garbage, rubbish, trash, junk, debris and other eyesores render it difficult to inspect and remove the same in all areas of the city during the short summer season;

(12) The time and manpower involved in locating the sites, finding the owners and giving notice has resulted in only limited, selective, inefficient and ineffective enforcement; and

(13) The unkempt lots in close proximity to improved residential or commercial lots/buildings create a particularly unhealthy situation in that they bring people in close contact with the undesirable animals, insects, disease causing agents, garbage, trash, junk and debris. (c) Public nuisance--Defined. Public nuisance means a thing, act, occupation, condition or use of property which shall continue for such length of time as to:

(1)Substantially annoy, injure or endanger the comfort, health, repose or safety of the public. (2)In any way render the public insecure in life or in the use of property. (3)Greatly offend the public morals or decency. (4)Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

A Public Nuisance is also any act, thing, occupation, condition or use of property which is declared to be a public nuisance by any other section of the City of Superior Code of Municipal Ordinances. (d) The following acts, omissions, places, conditions and things are hereby specifically declared to be

public nuisances, but such enumeration shall not be construed to exclude other public nuisances as

defined or declared elsewhere in this code of ordinances.

(1) Breeding places for vermin, etc. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed. (2) Garbage and refuse. The deposit of garbage, refuse or any offensive substance on any public or private property except as may be permitted by this Code. (3) Other substances. Any substance, activity or condition sufficient to create a human health hazard as that term is defined in Section 254.01(2) of the Wisconsin Statutes. (3) Chemical or biological. Any chemical and/or biological material that is stored, used, or disposed of in such quantity or manner that is, or has the potential to create a human health hazard.

(4) Eyesores. The uncontrolled, unconstrained, unmanaged, unlicensed existence of eyesores, as enumerated in subsection (b)(10) of this section. The prominent display of eyesores within public view is also declared a public nuisance. Eyesores shall not be considered a public nuisance if all of the following conditions exist:

a. They shall be restricted to appropriately zoned areas; and b. They shall be screened from casual public view from any public sidewalk, street or avenue by means of an approved fence and/or building; and c. Where fences are used, the fence must be at least six feet high, constructed of suitable, durable and aesthetically acceptable materials maintained in accordance with the property maintenance code. d. They shall be appropriately licensed by the State of Wisconsin and the City of Superior if required by state statute or this code of ordinances.

(e) Same--Prohibited. No person who is the owner, tenant, lessee, occupant or other person in possession or control of land shall permit any public nuisance on such land. No person shall perform any act that creates a public nuisance on public property or the property of another. The chief building inspector, or designee, may abate public nuisances, or cause them to be abated, on public and/or private property. (f) Duties of the building inspector. Unless otherwise determined by a directive of the mayor or of the common council, the building inspector shall have the powers and duties set forth in this chapter and Wis. Stats. § § 66.0113, 66.0114, 66.0115 for the administration and enforcement of this chapter. Any city employee working under the direction of the building inspector shall be a deputy inspector and have the powers and duties of the building inspector as delegated by the building inspector for the enforcement of this chapter. The building inspector shall assess fees for abatement of public nuisances. These fees, and public nuisance removal or abatement fees as established herein, if not paid on a timely basis per subsection (h) below, shall be presented to the city treasurer for placement on the tax rolls as provided under Wis. Stats. § § 66.0627 and 66.0703. Fees for abatement and removal of public nuisances and administrative costs shall be set by the building inspector but shall be no less than the actual cost incurred during removal process. (g) Hearings. Any person aggrieved by the performance of the duties of the building inspector, code compliance officer, housing inspector, county health officer or law enforcement officer related to the enforcement of this article shall deliver a written request for review or appeal within 10 days from the date such action was taken. The request for review shall state the ground or grounds upon which the person aggrieved contends that the decision should be modified or reversed. A request for review shall first be made to the building inspector, code compliance officer, housing inspector, county health officer or law enforcement officer who made the determination. The request for review or appeal shall be reviewed within 15 days of receipt of a request for review. Failure to make such request to the proper party shall not preclude the person aggrieved from review unless such failure has caused prejudice to the municipal authority. The city clerk shall provide a second review of any written request for review or appeal by any aggrieved party when requested by the aggrieved party. The determination of city clerk shall be final in such matters regarding enforcement of this article. This review process shall be in accord with provisions of State Statute 68.03 (8). (h) Assessment of special charges. In addition to the method provided under Wis. Stats. §§ 66.0113, 66.0114 and 66.0115 for the collection fees for violations, special charges for the removal of public nuisances on private property as defined by this section may be imposed as provided by Wis. Stats. § 66.0627. If such charges are not paid within 30 days from the date on which notice is sent of fees due and payable, the special charge shall be considered delinquent, and become a lien as provided in Wis. Stats. § 66.0627(4), and shall automatically be extended upon the current or next tax roll as provided by Wis. Stats. § 66.0627(4).

(i) Enforcement. In addition to all other proceedings, the building inspector, any deputy inspector, the county health officer or any law enforcement officer may issue citations for violation of this section.

Secs. 58-21--58-39. Reserved.

Drafted 2013-03-26

Revised 2013-11-26

Revised 2014-01-30

Revised 2014-03-14

SECTION 2: All ordinances and parts of ordinance in conflict herewith are hereby

repealed.

SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is

for any reason held to be invalid or unconstitutional by reason of any decision of any court of

competent jurisdiction, such decision shall not affect the validity of any other section, subsection,

sentence, clause or phrase or portion thereof.

SECTION 4: This ordinance shall take effect and be in force from and after its passage

and publication, as provided by law.

Passed and adopted this 15th

day of April, 2014.

_________________________________________

Attest: Mayor

____________________________________

City Clerk