Health and Sanitation - C5

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Health and Sanitation

HEALTH AND SANITATION

 

Chapters:

5.04     Maintenance of Real Property

5.08     Littering

5.12     Solid Waste Collection

5.16     Northwest Arkansas Solid Waste Authority

 

CHAPTER 5.04

MAINTENANCE OF REAL PROPERTY

Sections:

 

            5.04.01            Land clearance

            5.04.02            Definitions

            5.04.03            Abandoned or inoperative motor vehicles

            5.04.01 Land clearance

A.        This ordinance is hereby declared to be remedial, and shall be construed to secure the beneficial interest and purposes hereof, which are public safety, health, aesthetics and general welfare of the residents of the city of Johnson through prevention and alleviation of unsafe, unsanitary and unsightly conditions; risk to safety of life and property from fire, bodily injury and other hazards incident to such conditions existing upon real property within the city, whether upon empty lots, in driveways, yards, or open spaces, within or about structures of any and all types, or any other manner of existence; and to preserve the aesthetic values of the residents of the city of Johnson.

B.        An unsanitary, unsightly or unsafe condition is defined as any such condition deemed such in the discretion of the Mayor or his authorized representative, including but not limited to stagnant pools of water, an accumulation of trash or garbage, waste products from commercial activity; or the refuse accumulations of animal, fruit or vegetable matter, rubbish, leaves, limbs, weeds, metal, plastic,

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paper, or other substances which may accumulate and/or which emit vile, offensive odors, or provide a harborage for insects, flies or rodents, or increase the risk or hazard of fire, or constitute a public nuisance, or creates a condition offensive or dangerous to health, safety, aesthetics or public welfare generally.

C.        All property owners and those persons holding a possessory interest in property within the city of Johnson, such as leasehold tenants, are hereby required to cut weeds, grass, remove garbage, rubbish, and other unsanitary and unsightly articles and things from their property, and to eliminate, fill up, or remove stagnant pools of water or any other unsanitary things, places or conditions which might become a breeding place for mosquitoes, flies, rodents or germs harmful to the health of the community, or which otherwise constitute a condition offensive or dangerous to the public aesthetics or welfare.

D.       

1.         If the owner or persons having a possessory interest in any lot or other real property, within the city of Johnson, shall neglect or refuse to remove, abate, or eliminate any condition provided for in this ordinance, then the city of Johnson, after giving the owner or person having a possessory interest in the lot or other real property seven (7) days’ notice in writing to do so, is authorized to do whatever is necessary to correct the condition and to charge the cost thereof to the owner or persons having a possessory interest in the lot or other real property.

2.         Pursuant to the authority of A.C.A. 14-54-903, the city of Johnson is hereby granted a lien against the lot(s) or other real property for the costs of the city in correcting the violation.

E.         Owners or persons having possessory interest in property in violation of this ordinance shall be notified in writing at their current or last known address. In case the owner or persons having a possessory interest in any lot or other real property is unknown or his whereabouts is not known or is a non-resident of this state, then a copy of the written notice shall be posted upon the premises. Before any action to enforce the lien shall be had, the Recorder/Treasurer shall make an affidavit settling out the facts as to unknown address or whereabouts of the non-resident. Thereupon, service of the notice by publication as provided for by law against non-resident defendants, may be had. An attorney ad litem shall be appointed to notify the defendant by registered letter, addressed to his last known place of residence, if it can be found.

F.         The amount of the lien may be determined at a hearing before the City Council held after thirty (30) days’ written notice by certified mail to the owner or persons having a possessory interest in the real property if the name and whereabouts of

the owner is known. If the name of the owner or the whereabouts of the owner

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cannot be determined, then the amount will be determined only after publication

of notice of the hearing once a week for four (4) consecutive weeks. The determination of the City Council is subject to appeal by the property owner to the Chancery Court. The amount so determined at the hearing, plus ten percent (10%) penalty for collection, shall be certified by the City Council by ordinance to the tax collector of the county in which the property is located, to be placed on the tax books as delinquent taxes, and collected accordingly. The amount, less three percent (3%) thereof, when so collected shall be paid to the city by the County Tax Collector. In the alternative, the lien provided for pursuant to this ordinance and state law may be enforced in Chancery Court at any time within eighteen (18) months after work has been done by the city.

G.        In addition to any lien provided for in (D) (2) any violation of this ordinance by a property owner and/or person holding a possessory interest in the property, such as a leasehold tenant, is punishable by a fine of not less than Five Dollars ($5.00), nor more than Five Hundred Dollars ($500.00), and double that amount for a repeated and willful violation of the same ordinance; and/or, fine of not less than One Dollar ($1.00) nor more than Two Hundred Fifty Dollars ($250.00) for each day of continuance. (Ord. No. 96-4, Sec. 1.)

5.04.02 Definitions

Extraordinary materials – hazardous wastes, body wastes, dead animals, abandoned vehicles, vehicle parts, large equipment and parts thereto.

Garbage – the same as and be defined as solid waste.

Hazardous materials – wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics, or by virtue of their being defined as hazardous by any state or federal law or regulation.

Motor vehicle – any automobile, truck, trailer, motorcycle, motor-driven cycle, camper, recreational vehicle, parts and/or components of the foregoing, and the like.

Rubbish or yard trash – the same as and be defined as solid waste.

Solid waste – shall mean all putrescible and non-putrescible waste in solid or semi-solid form, including, but not limited to, garbage, rubbish, ashes or incinerator residue, or street refuse, but excluding “extraordinary materials” and “hazardous materials.”

Special materials – those bulky materials or other special wastes that are not stored in approved containers and cannot be picked up by hand.

Trash – the same as and be defined as solid waste

(Ord. No. 96-4, Sec. 1.)

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5.04.03 Abandoned or inoperative motor vehicles

A.        It is unlawful for any person to in any way abandon a motor vehicle or leave an inoperative motor vehicle on any public street or in any public place for a period of more than forty-eight (48) hours.

B.        It is unlawful to have/leave any abandoned, unlicensed, inoperative, or unsightly motor vehicle, as defined in 5.04.02 exposed to public view on any private premises for a period of more than fifteen (15) days.

C.        Any motor vehicle left abandoned, unlicensed, or unattended in violation of (A) or (B) shall be towed away and stored at the expense of the owner of the motor vehicle. The owner or occupier of premises upon which any motor vehicle is left exposed to public view in violation of (B) shall be charged with such violation and punished according to 5.04.01 (G).

D.        The responsibility for enforcement of this article shall be with the Johnson Police Department, Code Enforcement Officer, and Building Inspector which shall make investigations, serve notice, make arrests, arrange for towing and storage, and dispose of motor vehicles and perform such other duties as are necessary or incidental thereto. (Ord. No. 96-4, Sec. 2.)

 

CHAPTER 5.08

LITTERING

Sections:

 

            5.08.01            Littering

            5.08.02            Moving vehicle

            5.08.03            Fine

            5.08.01 Littering It shall, from and after the effective date of this ordinance, be illegal for any person, organization, or other legal entity to dump, throw, deposit, strew, or otherwise dispose of trash, debris, salvage, garbage, or other offensive/noxious matter along or upon any public highways, roads, streets and thoroughfares, within the city of Johnson, Arkansas. This shall not in any way limit or restrict the orderly temporary storage of any such items, in suitable containers, on private property within Johnson, Arkansas, for the purpose of having same collected or picked up by an approved trash collection/removal service. (Ord. No. 61, Sec. 1.)

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            5.08.02 Moving vehicle It shall, from and after the effective date of this ordinance, be illegal for any person, organization, or other legal entity to allow trash, debris, salvage, garbage, or other offensive/noxious matter to fall or otherwise escape from a moving motor vehicle, along or upon the public highways, roads, streets and thoroughfares within the city of Johnson, Arkansas. It shall not be a defense to this statute that the violation occurred without any direct act of the operator of a motor vehicle; all operators of motor vehicles are hereby charged with the affirmative duty of securing any and all loads/items in or upon their vehicles. (Ord. No. 61, Sec. 2.)

            5.08.03 Fine Violation of this ordinance shall be punishable by the imposition of a fine not less than Twenty-Five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) per occurrence. Each and every singular act of dumping, throwing, depositing, strewing, or otherwise disposing of the prohibited matter shall constitute a separate occurrence. (Ord. No. 61, Sec. 3.)

 

CHAPTER 5.12

SOLID WASTE COLLECTION

Sections:

 

            5.12.01            Definitions

            5.12.02            Commercial solid waste contract

            5.12.03            Residential solid waste contract

            5.12.01 Definitions The following definitions shall apply to the indicated terms as used herein:

            Biomedical waste – this waste typically generated during the diagnosis, treatment, or immunization of human beings or animals or in research activities in these fields or in the testing or production of biological.

            Commercial solid waste – this waste which usually originates in wholesale, retail or service establishments, such as restaurants, stores, markets, theaters, hotels and warehouses, and institutional waste material originated in schools, hospitals, research institutions and public buildings but not biomedical waste or hazardous materials. Commercial solid waste also consists of solid waste generated weekly in amounts greater than .75 cubic yards (either from entities

required to have a business license, residential multi-units having a centralized container(s) or others) who generate such amounts of solid waste.

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            Extraordinary material – hazardous wastes, body wastes, dead animals abandoned vehicles, vehicle parts, large equipment and parts thereto.

            Garbage – the same as and be defined as solid waste.

            Hazardous materials – wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics, or by virtue of their being defined as hazardous by any local, state or federal law or regulation.

            Motor vehicle – any automobile, truck, trailer, motorcycle, camper, recreational vehicle, parts and/or components of the foregoing, and the like.

            Rubbish or yard trash – the same as and be defined as solid waste.

            Solid waste – all putrescible and non-putrescible waste in solid or semi-solid form, including, but not limited to, garbage, rubbish, ashes or incinerator residue, or street refuse, but excluding “extraordinary materials” and “hazardous materials.”

            Special materials – those bulky materials or other special wastes that are not stored in approved containers and cannot be picked up by hand. (Ord. No. 2011-1, Sec. 1.)

            5.12.02 Commercial solid waste contract

A.        Insurance From and after the effective date hereof, all collectors, haulers, and transporters of solid waste, and persons or entities disposing of commercial solid waste, or biomedical waste, from within the city limits of Johnson, Arkansas shall provide to the city copies of the following:

                        1.         Current waste hauler license issued by the state of Arkansas.

2.         Automobile/motor vehicle liability insurance policy in amount not less than $500,000/$1,000,000;

3.         Workers compensation coverage for all employees/workers within Johnson;

4.         General liability insurance policy in amount not less than $1,000,000;

5.         Contract/agreement with permitted/licensed landfill/disposal site;

6.         Copy of contract, agreement with each commercial client in Johnson;

7.         All licenses, permits or other authorizations required by governmental unit/agency;

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and shall provide such information prior to collecting, hauling transporting or disposing of such commercial solid waste within Johnson. (Ord. No. 2011-1, Sec. 2.)

B.        Fees There is hereby levied a fee to be paid by the person or entity collecting, hauling, transporting or disposing of commercial solid waste within Johnson, Arkansas. This fee shall offset the administrative costs of collecting, safekeeping and managing the documents provided and offset the costs of personnel, equipment and associated expenses in visiting such commercial locations to insure compliance with laws and regulations. The fee shall apply to each person or entity collecting, hauling, transporting or disposing of commercial solid waste with regard to each commercial customer/location (with each dumpster/solid waste receptacle being considered a separate location). The fee shall be due at the time the documents are provided to the city and shall cover a period of twenty-four (24) months or the length of the agreement between the commercial endeavor and the collector, hauler, transporter or person/entity disposing of commercial solid waste, whichever is shorter.

The fee to be charged to commercial solid waste operators doing business with commercial entities within Johnson is hereby set at Twenty-Five Dollars ($25.00) for each commercial location or business with whom the operator has an agreement/contract. The fee set hereof shall be reviewed at least annually by city staff to ensure its sufficiency, necessary adjustments shall be recommended to the City Council so as to prevent overcharging or undercharging the operators. (Res. 2011-11, Sec. 1-2.)

The fee shall be determined by the City Council from time to time based upon information provided by city administrative and inspection officials concerning the costs related to this program. When, and as determined by the City Council, the fee shall be set by proper resolution pending future review and adjustment. (Ord. No. 2011-1, Sec. 3.)

C.        Copies Beginning in the year 2011, information provided to business/commercial endeavors within Johnson, in regard to business licenses and other such information, shall include either a copy of this ordinance or a notice of same. Additionally, copies of this ordinance shall be provided to all persons/entities known by the city to collect, haul, transport or dispose of commercial solid waste within Johnson. (Ord. No. 2011-1, Sec. 4.)

D.        Compliance Nothing herein shall relieve any person, entity, business or commercial endeavor collecting, hauling, disposing of, or generating hazardous materials, extraordinary materials or any substance regulated by state or federal law with strict compliance with all such laws and regulations. (Ord. No. 2011-1, Sec. 5.)

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E.         Application Prior to commencing the collecting, hauling, transportation or disposal of commercial solid waste within Johnson, a person or entity engaging in such shall provide the documentation called for in Section (A), pay the fee then in effect, and complete an application as required by the city. (Ord. No. 2011-1, Sec. 6.)

5.12.03 Residential solid waste contract

A.        The agreement attached hereto which is titled “Contract for Services” between the city of Johnson and Deffenbaugh of Arkansas, LLC bearing the date of April 12, 2011, having been read, studied and considered by the Johnson City Council should be and hereby is approved and ratified; the Mayor and Recorder/Treasurer are directed and authorized to execute same for and in the name of the city.

B.        Pursuant to the attached agreement there are hereby levied fees/rates for collection and disposal of solid waste and recyclables as well as composting collection services in accordance with the terms of such contract. However, the gross receipts taxes of the city of Johnson shall apply to all services subject to same provided by contractor within the city.

C.        There is hereby granted to Deffenbaugh of Arkansas, LLC a license to operate appropriate vehicles and equipment in order to perform such contract, on existing and new dedicated streets rights-of-way, alleys, utility easements and other public passageways within Johnson.

D.        A franchise is hereby granted unto Deffenbaugh of Arkansas, LLC to provide residential collection and disposal of solid waste and recyclables along with composting service pursuant to the terms of the attached contract, within the Johnson corporate limits as therein provided. Said franchise shall be for the effective dates of the contract attached hereto.

E.         All actions by Deffenbaugh of Arkansas, LLC and city officials or employees in furtherance of the agreement with Roll Off Services, Inc. since 1-1-2011, are expressly ratified and confirmed. (Ord. No. 2011-3, Secs. 1-5.)

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CHAPTER 5.16

NORTHWEST ARKANSAS SOLID WASTE AUTHORITY

Sections:

 

            5.16.01            Creation

            5.16.02            Member

            5.16.03            Powers

            5.16.04            Directors

            5.16.05            Application

            5.16.06            Additional members

            5.16.01 Creation The city of Johnson, Arkansas, shall join in the creation of a Northwest Arkansas Regional Solid Waste Disposal Authority, along with the following counties, cities and towns: Benton County, Washington County, Avoca, Bethel Heights, Bentonville, Cave Springs, Centerton, Decatur, Garfield, Gateway, Gentry, Gravette, Highfill, Little Flock, Lowell, Pea Ridge, Rogers, Siloam Springs, Sulphur Springs, Bella Vista, Elkins, Elm Springs, Farmington, Fayetteville, Greenland, Johnson, Lincoln, Prairie Grove, Springdale, Tontitown, West Fork and Winslow. (Ord. No. 50, Sec. 1.)

            5.16.02 Member The city of Johnson, Arkansas, is hereby authorized to become an initial member of the Northwest Arkansas Regional Solid Waste Disposal Authority. (Ord. No. 50, Sec. 2.)

            5.16.03 Powers The powers of such authority shall be as follows:

A.        To own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract, concerning or otherwise deal in or dispose of any real property, personal property, or mixed property of any and every kind that can be used or that will be useful in the controlling, collecting, storing, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning solid wastes, including without limitation, property that can be used or that will be useful in extracting, converting to steam (including the acquisition, handling, storage, and utilization of coal, lignite or other fuels of any kind or water that can be used or that will be useful in converting solid wastes to steam) and distributing such steam to users thereof, or otherwise separating and preparing solid wastes for reuse.

B.        To have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of the affairs and the conduct of its business, and to prescribe rules, regulations and policies in connection with the performance of its functions and duties.

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C.        To adopt an official seal and alter the same at pleasure.

D.        To maintain an office at such place or places as it may determine.

E.         To sue and be sued in its own name, and to plead and be impleaded.

F.         To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under Act 699 of 1979, including contracts with persons, firms, corporations and others.

G.        To apply to the appropriate agencies of the state, the United States or any state thereof, and to any other proper agency for such permits, licenses certificates or approvals as may be necessary, and to construct, maintain and operate project in accordance with and to obtain, hold and use, such licenses, permits, certificates or approvals in the same manner as any other person or operating unit of any other person.

H.        To employ engineers, architects, attorneys, real estate counselors, appraisers, financial advisors and such other consultants and employees as may be required in the judgment of the authority and to fix and pay their compensation from funds available to the authority therefore.

I.          To purchase all kinds of insurance including, but not limited to, insurance against tort liability, business interruption, and/or risks of damage to property.

J.          To fix, charge and collect rents, fees and charges for the use of any project or portion thereof, or for steam produced therefrom.

K.        To accomplish projects as authorized by Act 699 of 1979 and the ordinances creating the authority.

L.         To distribute steam produced by a project to any person, municipality or county.

M.        To buy, sell, exchange, own and generally deal in real property, improved and unimproved, and buildings of every class and description.

N.        To pledge or hypothecate any and all property of the authority, both real, personal and mixed, owned or leased by the authority for cash, on credit and time payment and to generally finance any property, both real, personal and mixed, sold or leased by this authority.

O.        To issue tax-exempt bonds pursuant to the terms and provisions authorized in Act 699 of 1979 and amendments thereto.

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P.         To do any and all other acts and things necessary, convenient or desirable to carry out the purposes, and to exercise the powers granted to the authority herein.

            (Ord. No. 50, Sec. 3.)

5.16.04 Directors The number of directors of such authority and the voting rights of each director shall be as follows:

The number of directors constituting the Board of Directors of the authority shall be the same as the number of members of the authority, with each member entitled to place one director on the Board of Directors of the authority. Each such director shall be entitled to one vote on all matters relating to the affairs of the authority. (Ord. No. 50, Sec. 4.)

5.16.05 Application The application of the initial members of the Northwest Arkansas Regional Solid Waste Disposal Authority is attached hereto and made part hereof, and said application is approved in all things. (Ord. No. 50, Sec. 5.)

5.16.06 Additional members

Ord. No. 52

A.        The cities of Siloam Springs, Arkansas and Rogers, Arkansas, shall be permitted to join in membership in the Northwest Arkansas Solid Waste Authority and the ordinances passed by said cities permitting them to become members of such authority are hereby approved.

B.        The application of the initial members of the Northwest Arkansas Solid Waste Authority be amended to include the cities of Siloam Springs, Arkansas, and Rogers, Arkansas, as members of that authority and that the Mayor and Clerk of this city be authorized to sign an amended application to the Secretary of State for the state of Arkansas requesting an amended charter of the Northwest Arkansas Solid Waste Authority.

Ord. No. 53

A.        Madison County, St. Paul, Huntsville, Prairie Grove and Farmington, Arkansas, shall be permitted to join in membership in the Northwest Arkansas Solid Waste Authority and the ordinances passed by said cities permitting them to become members of such authority are hereby approved.

B.        The application of the initial members of the Northwest Arkansas Solid Waste Authority be amended to include Madison County, St. Paul, Huntsville, Prairie Grove and Farmington, Arkansas, as members of that authority and that the Mayor and Clerk of this city be authorized to sign an amended application to the Secretary of State for the state of Arkansas requesting an amended charter of the Northwest Arkansas Solid Waste Authority.

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Ord. No. 55

A.        Elkins, Greenland, and Decatur, Arkansas, shall be permitted to join in membership in the Northwest Arkansas Solid Waste Authority and the ordinances passed by said cities permitting them to become members of such authority are hereby approved.

B.        The application of the initial members of the Northwest Arkansas Solid Waste Authority be amended to include Elkins, Greenland, and Decatur, Arkansas, as members of that authority and that the Mayor and Clerk of this city be authorized to sign an amended application to the Secretary of State for the state of Arkansas requesting an amended charter of the Northwest Arkansas Solid Waste Authority.

Ord. No. 56

A.        Garfield, Arkansas, shall be permitted to join in membership in the Northwest Arkansas Solid Waste Authority and the ordinances passed by said cities permitting them to become members of such authority are hereby approved.

B.        The application of the initial members of the Northwest Arkansas Solid Waste Authority be amended to include Garfield, Arkansas, as members of that authority and that the Mayor and Clerk of this city be authorized to sign an amended application to the Secretary of State for the state of Arkansas requesting an amended charter of the Northwest Arkansas Solid Waste Authority.

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