HomeMy WebLinkAbout2686 Requiring Specific Dwellings Recycle ServicesAN ORDINANCE REQUIRING CERTAIN MULTI-FAMILY DWELLINGS,
APARTMENTS, CONDOMINIUMS AND MOBILE HOME PARKS TO
PROVIDE TENANTS AND OCCUPANTS WITH OPPORTUNITY TO
RECYCLE
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.22 is added to the Ashland Municipal Code
and shall read as follows:
Chapter 9.22
OPPORTUNITY TO RECYCLE
Sections:
9.22.010
9.22.020
9.22.030
9.22.040
9.22.050
Definitions
Generally
Standards
Appeals and exemptions
Enforcement
9.22.010 Definitions. The following words and phrases whenever
used in this chapter shall be construed as defined in this
section unless from the context a different meaning is intended.
A. "Common solid waste receptacle" means a receptacle where
solid waste is deposited from more than one dwelling unit for
collection by a solid waste franchisee.
B. "Dwelling" or "dwelling unit" has the same meaning as
defined in the land use ordinance at AMC 18.08.230 and includes a
mobile home park space.
C. "Multi-family complex" means a multi-family dwelling or
any other dwelling, apartment, condominium, facility, mobile home
park or location where two or more residential units share a
common solid waste receptacle. Transient accommodation
facilities such as hotels or motels are not included in this
definition.
D. "Multi-family dwelling" has the same meaning as defined
in the land use ordinance at AMC 18.08.220 and includes mobile
home park spaces.
E. "Opportunity to recycle site" means a place for the
deposit of tenant separated recyclable material.
F. "Recyclable material" means all material collected by
the local solid waste franchisee under its residential on-route
collection program for purposes of recycling.
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G. "Responsible person" means the owner of a multi-family
complex in those complexes where the tenants individually
contract directly with the local solid waste franchisee for solid
waste collection. Otherwise responsible person means the person
or persons who contract with the local solid waste franchisee for
solid waste collection of solid waste from the common solid waste
receptacle in a multi-family complex.
H. "Tenant" includes owner in the case of a condominium or
other multi-family complex where the dwelling unit is
individually owned and the owner resides in the unit.
9.22.020 Generally.
A. Every multi-family complex shall include on the premises
an cpportunity to recycle site provided by the responsible person
or owner of the multi-family complex or both.
B. All multi-family complex leases or rental agreements or
any other type of agreement providing for the lease of property
or space for residential purposes may, at the discretion of the
landlord or owner, state that tenants or occupants shall deposit
recyclable materials in the opportunity to recycle site provided
on the premises.
C. Within thirty days of the effective date of this chapter
and at least once a year thereafter, the responsible person, or
the owner of a multi-family complex, or both, shall inform
tenants of the multi-family complex of the location of the
opportunity to recycle site and of information about how to
recycle. New tenants shall be informed by the responsible
person, or by the owner of a multi-family complex, or both, about
the opportunity to recycle at the time of entering into a lease
or rental agreement or any other type of agreement providing for
the lease of property or space for residential purposes.
9.22.030 Opportunity to recycle site standards.
to recycle site:
The opportunity
A. Shall meet the reasonable requirements of the local
solid waste franchisee.
B. Shall, whenever reasonably feasible, be centrally
located in a single repository in the multi-family complex.
Small multi-family complexes may use individual curbside
containers for recyclable material if permitted by the local
solid waste franchisee.
9.22.040 Exemptions. The City Administrator, or designee, may
exempt a multifamily complex from the requirements of this
chapter upon a showing by the applicant that the conditions of
this chapter would cause undue hardship. The phrase "undue
hardship" shall be construed to include, but not be limited to:
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1. Situations where the physical environment of an existing
complex cannot be reasonably adapted to provide the opDortunity
to recycle;
2. Situations where the opportunity to recycle is being met
is some other manner; or
3. Situations where compliance with the requirements of
this Ordinance would deprive a person of a legally-protected
right.
9.22.050 Enforcement. A. A warning notice of a violation of
this ordinance shall be given prior to the issuance of a
citation. Warning notices shall give a brief description of the
violation and a statement that failure to correct the alleged
violation may result in issuance of a citation to the City of
Ashland Municipal Court. The warning notice shall be served upon
the person accused of the violation.
B. A responsible person, or an owner of a multi-family
complex, who violates this chapter shall be deemed guilty of an
infraction, and shall be punishable as set forth in Section
1.08.020 of the Municipal Code.
The foregoing ordinance was first READ on the ~ ~ day of
~~~_~Z_~ , 1992, and duly PASSED and ADOPTED this~~
day of ~~~-~-~ , 1992.
in, City Recorder
SIGNED and APPROVED this ~/~day of ~~~-~, 1992.
Catherine M. Golden, Mayor
A~~~~form:
Paul Nolte, city Attorney
(d: \counci[ \new.Ord\rec¥c [e.Ord)
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