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HomeMy WebLinkAbout1993-OR-31 ORDINANCE 93-OR-31 SOLID WASTE DUMPING SECTION I : PURPOSE This is an Ordinance to define dumping, control the dumping and disposal of solid waste materials, and establishing penalties for the violations thereof, and providing for the clean-up for the violations thereof. This is in addition to Ordinance No. 1544, an Ordinance prescribing regulations for the storage and collection of garbage, refuse, and ashes. SECTION 2: DEFINITIONS (1) DUMPING is defined as the discarding of those items of solid waste commonly known as garbage, used household goods, appliances, automobile parts, tires, trash, bags of trash or garbage, construction or demolition materials, and all other items commonly disposed of in sanitary landfills and shall include all items and materials defined in Indiana Code 13-7-1-22 as "Solid Waste", but does not include the use of compost bins. (2) Littering is defined as the oCcasional discarding of a single item of trash, such as a can, bottle, cigarette butt, package, wrapper and similar items, and shall not include anything or any combination of items larger than one small trash can full. (3) Person is defined as any person, corporation, organization, partnership, or other entity. (4) Discarding is defined as the disposal of any solid waste material which is abandoned, recycled or inherently waste like and which is placed upon land in a manner that constitutes the disposal of the same or is used to produce products that are applied to or placed on the land or are otherwise contained in products that are 1 applied to or placed on the land in which cases the product itself remains a solid waste. (5) Inherently Waste-like Materials are materials which are ordinarily disposed of, burned, or incinerated. SECTION 3: PROHIBITION No person shall: A) do any dumping or permit any dumping to take place at any location in the City of Jeffersonville limits, unless such location shall be an approved landfill site. B) do any littering or permit any littering to occur in the City of Jeffersonvitle limits. Section (A) and (B) does not include the use of compost bins. SECTION 4: CLEANUP AND REMOVAL A) Anyone having knowledge of any dumping at any location throughout the City of Jeffersonville shall give such information to any law enforcement officer, who shall investigate the site, along with the assistance of such other city officials as are deemed necessary to determine from where the trash or items of solid waste originated, the manner of dumping, and whether the owner or person in possession of the property on which the trash or items of solid waste are located were aware and consented to dumping. B) Upon determining the identity of any person originating the trash or items of solid waste, the dumping of the same or the consenting or permitting of the dumping of the same in any location within the City of Jeffersonville, the City Attorney, or the Coordinator of City Services and Recycling shall issue an order directed to the person 2 so identified and to the owner of the real estate upon which the dumping has occurred, to remove and clean up such trash or items of solid waste within a time period of no less than thirty (30) days. Failing compliance with an order, the City Attorney or the Coordinator of City Services are authorized to perform the clean up of the trash and solid waste items utilizing all resources as are required, and all costs and expenses of the clean up, including but not limited to all landfill fees at an approved landfill site, and all law enforcement and city officials time incurred in the enforcement of the same, shall be chargeable to the individual corporation, organization, partnership, or entities identified with said dumping site. C) Any person identified having violated the prohibited dumping provision of this ordinance and who are owners of real property within the City of Jeffersonville shall have the cost of such clean up billed to such property owner. If such property owner fails to pay such bill within sixty (60) days from the date of mailing, then said cost shall be assessed and certified to the Clark County Auditor and Treasurer and said cost and assessment shall be placed on the taxes of such property owner as an additional assessment for "dumping clean up" and shall be payable by such property owners in the same manner and subject to the same penalties as real property taxes. D) In the alternative, the City Attorney shall be entitled to seek injunctive or other relief through the Courts of Clark County, obtain orders requiring individuals, corporations, partnerships, organizations, including non-profit organizations to clean up the dumping area and prohibiting further and future dumping. E) In the event that the dump area contains information identifying more than one individual, person, corporation, individual or entity for the clean up of the whole dump site and all actions authorized under this ordinance shall be taken against any and all violators. Each section adopted separately. Each provision of this ordinance is adopted separately. In the event that any part or section of this ordinance is deemed to be illegal or invalid only that part or section shall be 3 repealed. The remaining parts or sections of the ordinance shall remain in effect. This ordinance shall be in full force and effect from and after it's passage and approval. Passed and adopted by the Common Council of the City of Jeffersonville, in Clark County, Indiana, on this ~-/ day of _,~_.~ ,1993. Rob/ed Potter ~ - President, Common Council Attest: C. Richard Spencer, Jr.~ Clerk-Treasurer This ordinance seen, approved and signed by me this ~"/,4 ,~J'~.- , 1993. ~-"'/ day of Raymond J.~/P ' ; ' arker, Jr., Mayor 4