Chapter 18.90
RECYCLING COLLECTION BOXES
Sections:
18.90.050 Notice of violation.
18.90.000 Applicability.
The provisions of this chapter shall apply only to property zoned nonresidential, excluding parks, designated or used as a public use site, or zoned as residential when the recycling collection box is proposed to be located at a church or community facility as a permitted secondary use, upon approval of the administrator. The recycling collection boxes may be located within said zones or uses with a permit to be issued without charge by the administrator. Failure to obtain such a permit or to locate or maintain a recycling collection box without a permit shall be a civil infraction punishable as provided in Chapter 18.116 OMC. The property owner and/or the person responsible for maintaining the recycling collection box shall obtain the permit. Additionally, a street use permit shall be required if the recycling box is to be located in a public right-of-way. (Ord. 889 § 16, 2000; Ord. 731 § 1, 1990)
18.90.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
“Recycling collection boxes” means those receptacles used to collect reusable items, including used paper goods, used glass items and used aluminum items suitable for recycling, for which no fee is collected from the person depositing recyclable materials. Offal, unsanitary waste and hazardous waste are specifically excluded from this definition. (Ord. 731 § 1, 1990)
18.90.020 Application.
The administrator shall provide necessary application forms for permitting the location of recycling collection boxes. The form shall provide, but not be limited to, the following information:
A. Name, address, phone number and signature of the applicant;
B. Name, address, telephone number and signature of the owner(s) of the site where the recycling collection box is to be located;
C. Name, address and telephone number of the party or parties responsible for the care and maintenance of the box;
D. Name and address of party or parties who are economically benefiting from the box;
E. Type of materials accepted by the box;
F. Description and scale drawing of the box. Note: The box must meet the guidelines of the general design standards;
G. Site plan of the area where the box is to be located. The plan shall show the location of the box at the site and describe access to the box;
H. Physical location (address) of the site where the box is to be located;
I. Zoning designation of the site where the box is to be located. (Ord. 731 § 1, 1990)
18.90.030 Approval.
The city staff will take general design standards and revisions thereof to the planning commission for approval. Once the planning commission establishes general standards, recycling collection boxes which meet general standards and comply with the provisions of this chapter may be approved by the administrator without further review. Any decision made by the administrator is appealable as provided in Chapter 18.100 OMC. Boxes which do not meet general standards shall not be approved. (Ord. 731 § 1, 1990)
18.90.040 Maintenance.
All deposited material shall be contained wholly within the recycling collection box. No litter or recyclable material shall be allowed to accumulate outside the recycling collection box. The recycling collection box shall be kept clean, free of odors, pest and/or any public nuisance and shall be maintained to meet the conditions of the permit. Failure to properly maintain the recycling collection box shall be a violation and may result in either the issuance of a notice of violation from the city or appropriate criminal sanction as provided by OMC 18.90.070, or both.
All recycling collection boxes shall provide the following identification on each box or on a market in close proximity to the box:
A. Name, address and telephone number of the property owner(s);
B. Name, address and telephone number of the party or parties responsible for the care and maintenance of the box, if different from the property owner(s);
C. Name and address of party or parties who are economically benefiting from the box;
D. Type of materials accepted by the box;
E. Reference to city permit number. (Ord. 731 § 1, 1990)
18.90.050 Notice of violation.
A. Whenever the city becomes aware that the property owner and/or person responsible for maintaining the recycling collection box is not complying with the provisions of this chapter, a notice of violation shall be sent. The notice shall specify:
1. The location of the recycling collection box;
2. The specific manner in which the recycling collection box does not meet the general standard or is not being properly maintained;
3. The deficiency be corrected within 48 hours.
B. After the second notice of violation within a six-month period, city approval of the recycling collection box shall automatically lapse and the particular box in violation shall be removed. The property owner, owner of the box, and parties responsible for maintenance of the box shall be jointly and severally liable for removal of the box.
C. Criminal penalties may result from failure to comply. If the recycling collection box is not upgraded to correct the designated deficiencies within the time period established in the notice, the city shall refer the matter to the city attorney for institution of appropriate legal action. (Ord. 731 § 1, 1990)
18.90.060 Appeal.
Any person cited with a notice of violation shall have 10 calendar days from the date of mailing thereof to appeal from the findings of the notice. Such appeal shall be to the city council. Failure to appeal shall create a presumption of violation in accordance with the provisions of the notice of violation. (Ord. 731 § 1, 1990)
18.90.070 No vested right.
The permit herein provided for shall be revocable at the will of the city and shall create no vested right with respect to the use of the subject site. The city council may repeal this section, revoking all permits at its option. (Ord. 731 § 1, 1990)
18.90.080 Penalties.
Any person failing to comply with any of the provisions of this chapter other than as provided in OMC 18.90.060 shall be guilty of a civil infraction and upon conviction thereof be punished as provided in Chapter 18.116 OMC. (Ord. 889 § 17, 2000; Ord. 731 § 1, 1990)