§ 106-37. Duties of owners and occupants of commercial property; containers.

(a)

Proper disposal of waste required. It shall be the responsibility of all owners/occupants of commercial property to dispose of their solid waste in a manner which would not be detrimental to the public health, safety and welfare of the citizens of the county.

(b)

Use of collection service. All owners/occupants of commercial property are mandated to subscribe to solid waste commercial collection service with a collector franchised by the county, unless authorized to do otherwise pursuant to this article, at a rate agreed upon by the parties, but not to exceed the maximum allowable collection rate. It shall be a violation of this article to dispose of solid waste except as provided in this article.

(c)

Provision and maintenance of containers. It shall be the responsibility of the owners/occupants of commercial property to provide approved containers or refuse bins adequate to contain all solid waste generated from the commercial property. The commercial refuse bin may be leased from the franchised collector. The owner/occupant shall maintain the containers or refuse bins and the area of their location in a clean and sanitary condition. Spillage from over-filled containers or refuse bins will not be picked up by the collector.

(d)

Unacceptable containers. Any privately owned container or refuse bin which is in disrepair due to the lack of a well-fitting cover or the presence of holes, cracks or tears in the bottom or sides may be condemned and so marked by the collector. Any container so marked must be immediately replaced by the owner/occupant with acceptable containers as specified in this article.

(e)

Obstruction of containers. Customers shall not permit persons, objects, obstructions or vehicles to hinder in any way whatsoever the servicing of the container or refuse bin by the authorized collector's vehicles and personnel.

(f)

Placement of containers; enclosure; base. All commercial refuse bins, except approved recycling containers, shall be enclosed on at least three sides with a six-foot-high screen. The screen shall consist of a wood or cyclone slat fence or masonry wall or other approved screening material. The bin shall be enclosed in such a manner that said bin will be screened from public streets and adjoining properties. A concrete or asphalt pad or other approved material shall be provided as a base for the bin. The pad shall be at the approximate level of the service vehicle approach area so that the truck loading mechanism can align with the container's sleeves. The screened enclosure area or container shall not be located within any street right-of-way. Existing commercial properties shall have six months from the effective date of the ordinance from which this subsection is derived to comply with these provisions.

(Ord. No. 89-37, § V, 9-21-89; Ord. No. 90-30, § II, 8-2-90)