Council Presentation October 15, 2012 Enforcement of Curb side - PDF document

Council Presentation October 15, 2012 – Enforcement of Curb side violators Good Evening City Mayor, City Council, City Staff and those present. As you may recall at the September 10, 2012 Regular City Council meeting I gave a presentation on the elimination of the City of Saginaw's supplemental curb side leaf collection beginning this year, fall of 2012. This presentation covered all aspects of the supplemental curb side leaf collection to include, the history of leaf collection, the impacts on the Public Services Department to provide this service, discussion and review of other communities that may or may not provide this service, discussion on existing equipment age, maintenance costs and future capital costs required to replace equipment if service was still provided, annual costs to the City for leaf collection, including MMWA costs to the City which is for current curb side yard waste collection, and enforcement for residents that may not comply with the ordinances which due not allow anyone to rake leaves into the streets for collection. On September 24, 2012 I gave a presentation that was directly related to the condition of City of Saginaw's rubbish fund, which included a 5 year summary of revenues to expenditures and review of the proposed budget for 2013, which show's use of $458,000 in fund balance to balance this years budget. Stemming from both of these presentations were some concerns and requests from some of the Council members which included educating and notifying the public and the citizens of the City of the elimination of this supplemental curb side leaf collection and how they might go about having their leaves picked up. We have since provided a Press Release for this, provided the call center with information related to the yard waste collection already provided my MMWA for those calling in with any questions, currently providing Public Service Announcements on the radio station by working with McDonald Broadcasting (in kind services for WKCQ) and these announcements will continue thru and into November. We will be running an add in the Sunday paper of the Saginaw News. Weve advised staff to notify the residents when they might notice someone in violation and advise them to handout flyers for “Managing Leaves/Yard Waste and Brush” from MMWA which explains the services provided by MMWA and how to properly dispose of Yard Waste. So we feel the City is exceeding any expectations on getting the word out. The purpose of today’s presentation is to discuss the Enforcement of the City's ordinances to those individuals or residents who do not comply with the City of Saginaw ordinances that disallow anyone to rake or place leaves into the streets and curb and gutters. As presented at the September 10, 2012 Council meeting, Chapter 50, Solid Waste and Chapter 94: Nuisances, Health and Safety, of the City of Saginaw Code of Ordinances, are the Chapters of the ordinances that provide the definitions/interpretations and responsibilities of both the City and the residents for all sections related to these Chapters. Specifically, Chapter 50, Section 50.07: Storing of Refuse, basically states that it is a violation of the City's solid waste ordinance to rake leaves or other yard waste debris into the right of way (including the street, sidewalk and gutter) or into a storm drain. Any Person found guilty of such act shall be deemed in violation of this chapter and subject to the penalties as provide in section 50.99. Section 50.99 states that any person who violates any provision of this chapter is responsible for a Class C municipal civil infraction, subject to payment of a civil fine plus costs and other sanctions.

Chapter 94, Section 94.43: Removal of Trash, Abandoned Property or building materials from street right of way , also prohibits the accumulation of trash, which by definition, includes leaves from the roadway, including the gutters. This ordinance also explains the enforcement by the enforcement officer employed by the Inspections Division of the Department of Development. I will now turn the portion of the presentation over to Bill Ernat, the Interim Director of Development to explain how the City will provide enforcement of the ordinances and the processes in which we will do this. If there are any question or concerns upon completion of Mr. Ernats presentation we will be happy to attempt to address them. 50.07 Storing of Refuse: (A) Public places. No person shall place any refuse in any street, alley, or other public place, or upon any private property whether owned by such person or not, within the City unless it is in an approved container for collection, or under express approval granted by the City Manager. No person shall throw or deposit any refuse in any stream or other body of water. (B) Unauthorized accumulation. Any unauthorized accumulation of garbage or refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to provide for weekly collection for the purpose to protect the public health and the removal of accumulation of garbage or refuse after the effective date of this chapter shall be deemed a violation of this chapter and subject to the penalties as provided in § 50.99. (C) Scattering of refuse. No person shall cast, place, sweep, or deposit anywhere within the City any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, or other public place or onto any premises. Any person found guilty of such act shall be subject to the penalties as set forth in § 50.99. 50.99 Penalties/Enforcement (A) Municipal civil infraction. A person who violates any provision of this chapter is responsible for a Class C municipal civil infraction, subject to payment of a civil fine as set forth in Ch. 37, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided in Ch. 37. (B) Authorized City official. The Superintendent of Streets and Bridges and/or his or her designees are hereby designated as the authorized City officials, as defined by Ch. 37, to issue municipal civil infraction citations or municipal civil infraction violation notices as provided by Ch. 37. 94.43 Removal of Trash, Abandoned Property, or Building Materials from Street Right of Way. (A) Whenever an enforcement officer shall find an accumulation of trash, abandoned property, or building materials on the street right-of-way immediately adjoining such premises which separates such premises from a roadway, the enforcement officer shall cause a notice to be placed upon such item or in the immediate vicinity of several such items in substantially the following form: NOTICE TO THE OWNER OF THESE PREMISES AND TO ALL PERSONS INTERESTED IN ITS MAINTENANCE. Trash, to-wit (setting forth a brief description), located at (setting forth a brief description), is improperly stored in violation of Section of Chapter of the Saginaw Code, and must be removed within seventy-two (72) hours from the date of this notice; otherwise, it shall be removed by the City of Saginaw, and the costs of removal shall be assessed to these premises.

(B) Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the trash is located, as shown by the records of the City Assessor, on or before the date of posting of such notice and to the owner of the trash, if ownership can reasonably be ascertained. (C) If, at the end of seventy-two (72) hours after posting such notice, the trash described therein has not been removed, the enforcement officer may cause such trash to be removed, and the costs of removal shall be assessed and levied against the premises from which the trash was removed in the manner prescribed in § 33.26.