From Councilperson Parker Agelasto’s FaceBook page:
The following sections of City Code are relevant to refuse collection and the tenants and property owner’s responsibilities. Please help us share this information so that people can be better informed of their responsibilities.
Sec. 86-81. – Standards generally.
(a) All refuse to be collected by the city shall be limited to containers approved by the director of public works or to bulk or brush items.
Sec. 86-44. – Times and places of collection; bulk items; brush collection; collection of loose leaves.
(a) Refuse receptacles and recycling bins must be placed out for collection by 6:00 a.m. of the scheduled collection day but not earlier than 4:00 p.m. of the day preceding, except for any special times as deemed necessary by the director of public works. The refuse receptacles and recycling bins must be removed by 7:00 a.m. on the day following collection from city property and right-of-ways to include, but not be limited to, sidewalks, alleys and median strips between sidewalks and roadways. Refuse receptacles and recycling bins shall be placed for collection at a location designated by the director of public works. The public utility account holder of any property to which a refuse receptacle has been assigned shall be responsible for removing the refuse receptacle from city property by 7:00 a.m. on the day following collection. Any account holder who allows a refuse receptacle or recycling bin to remain on city property after 7:00 a.m. on the day following collection shall receive a notice from the Department of Public Works advising of the violation and allowing the account holder an opportunity to remove the refuse receptacle or recycling bin. If the refuse receptacle or recycling bin is not timely removed from city property, the Department of Public Works shall cause the account holder to be assessed a civil penalty in the amount of $50.00 for each and every calendar day that each and every refuse receptacle or recycling bin remains on city property beginning with the date of the most recent past scheduled pick up time from the Department of Public Works. Such civil penalty shall be included on the account holder’s monthly utility statement and shall be subject to collection in the same manner as other utility charges including delinquent charges for utilities.
(b) Upon request, the director of public works shall schedule the collection of bulk items such as furniture or similar large items at no charge. However, for same-day collection of bulk items and for collection of appliances, a fee shall be charged as set forth in appendix A to this Code.
(c) Collection of loose tree trimmings less than four inches in diameter, six feet in length; shrubbery trimmings; and loose brush shall be scheduled by the director of public works.
(d) Collection of loose leaves shall be undertaken in accordance with a schedule established by the director of public works. Upon request, loose leaves may be collected outside the established collection period. A fee as set forth in appendix A to this Code shall be charged for service outside the established collection period.
(e) If the director of public works finds that refuse quantities or location, building design or other factors are not compatible for refuse collection by city forces and equipment, the refuse shall be removed by private or contract collectors. The director of public works shall give adequate notice of such noncollectibility or noncompliance, so that other collection arrangements may be made.
(f) Fees for collection may only be waived during city-designated cleanups or declared emergencies.
(g) Real property owners or their agents who file for eviction proceedings with the city sheriff shall remove all property or items which are placed outside during an eviction within 72 hours of the eviction. Notwithstanding the collection fee provided for in subsection (b) of this section, if the evicted tenant, building owner or the owner’s agent fails to immediately remove the property or items after the 72-hour time period has elapsed, the city will cause the immediate removal and assess the building owner a removal fee as set forth in appendix A to this Code.
Sec. 86-46. – Limitations on amounts of refuse per collection; commercial establishments; multifamily properties.
(a) When refuse from commercial establishments exceeds four supercans per collection, the operator of such business is required to remove and dispose of such excess at the expense of the operator.
(b) When refuse from multifamily properties, exclusive of properties owned and operated by a re-development and housing authority organized pursuant to Code of Virginia, § 36-1 et seq., exceeds four supercans per collection, the owner or the managing agent designated for such property shall be required to remove and dispose of any and all excess at the owner’s or agent’s expense, except where such owner or managing agent has made prior contractual arrangements for payment of the cost for collection of excess refuse by the city. Such contractual arrangements shall be upon reasonable terms and conditions as may be determined by the director of public works and shall specifically provide for a monthly charge as set forth in appendix A to this Code over and above the limit of four supercans per collection and shall further provide for the payment of a security deposit in the total amount as set forth in appendix A to this Code by each owner or managing agent as a precondition to city collection of such excess refuse. Any security deposit paid under this subsection and any funds previously paid as a security deposit for city collection of excess refuse shall be deposited into the general fund of the city. Upon termination of contractual arrangements for city collection of excess refuse, any amount due and owing the city shall be deducted from the amount of the security deposit, and the remainder shall be refunded to the contracting party.
Sec. 86-48. – Disposal of building refuse and debris from construction, alteration or demolition operations.
(a) The city shall not be responsible for the collection or hauling of building materials originating from private property preliminary to, during or subsequent to the construction of new buildings or alterations or additions to existing buildings of whatever type or from demolition of existing structures. Such material shall be removed by the owner of the property or by the contractor. No inspection certificate or certificate of occupancy shall be issued until such material has been removed by the owner or contractor. In addition, all contractors must provide refuse receptacles for construction debris and litter to be deposited in at the end of each working day.
(b) Dirt, mud, construction materials and other debris deposited upon any public or private property as a result of construction or demolition operations shall be immediately removed by the contractor. Construction sites shall be kept clean and orderly at all times.
(c) The prime contractor or developer of a construction or demolition site shall be held responsible for maintaining the site as required by this section.
Sec. 86-7. – Abatement by city.
(a) In addition to the other penalties provided in section 1-16, whenever the chief administrative officer determines that there has been a violation of one or more of the sections of this chapter, the chief administrative officer shall give notice in writing of that fact to the owner or occupant or both of the property on which such violation exists, which notice shall state that the owner or occupant or both shall abate such violation within ten days from the date the notice was served. Such notice shall set forth the location and nature of the violation.
(b) Service of notice required to be given under this section shall be made by mailing the notice to the last known street or post office address of the person, agent, executor, administrator, trustee, guardian or occupant to whom it is directed by mail or by delivery thereof in person. Proof of so mailing or delivering the notice shall be sufficient evidence that the notice was served, and the date of mailing or delivery, as the case may be, shall be the date of service. The term “proof of mailing” shall include either the use of certified mail or a written affirmation signed by the sender that reflects the date of mailing. If the last known street or post office address of the person, agent, executor, administrator, trustee, guardian or occupant is unknown or the notice so mailed is returned undelivered by the post office, service of the notice shall be made by posting the notice on the land or premises on which the violation exists or on the land or premises abutting the sidewalk, street or alley on which the violation exists. Proof of posting the notice shall be sufficient evidence that the notice was served, and the date of posting shall be the date of service.
(Code 1993, § 31-7; Ord. No. 2004-360-330, § 1, 12-13-2004)
Previous posts on this subject: Here, and here. As for public dumping, here are just a few of many: Here, here, and here.