Sec. 380.202. - Subscription to service within the First Urban Services District and residential service by the Division in defined areas outside the First Urban Services District.

(a) The occupant, unless the owner subscribes as set forth in this Section, or the owner, if the owner and occupant are the same, of every residential premises, multibusiness building, and multifamily residential premises as defined in Section 382.102 , and office, institutional, commercial or industrial building in the City within the First Urban Services District where garbage, rubbish, refuse, noncombustible refuse or industrial waste is generated shall subscribe to a privately-operated garbage and rubbish collection system unless service is provided by the Division, unless the owner or occupant has received from the Department permission to dispose of his own garbage or rubbish in a sanitary manner approved by the Department. The fact that a residential unit, office, institutional, commercial or industrial establishment is occupied shall be prima facie evidence that garbage, refuse, rubbish, noncombustible refuse or industrial waste is being generated upon the premises. (b) The Department will collect from all residential premises, and multifamily residential premises and multibusiness buildings, as defined in Section 382.102 , and office, institutional, commercial or industrial establishments which have met the requirements of Section 380.202 (d) within the Downtown Area as follows: (1) Solid waste properly containerized in accord with Section 380.203 and placed at curbside for manual (as opposed to mechanical) collection will be collected six nights each week; provided, that the waste for an establishment does not exceed an average of six cubic yards each week. (2) A nonresidential premises that generates more than an average of six cubic yards each week will not be eligible for service by the Department and will be required to subscribe to service by a private garbage company. (c) The Department will collect from all residential premises and multifamily residential premises as defined in Section 382.102 , and office, institutional, commercial or industrial establishments which have met the requirements of Section 380.202 (d) outside the Downtown Area but within the First Urban Services District as follows: (1) Solid waste properly containerized in accord with Section 380.203 and placed at curbside for manual (as opposed to mechanical) collection will be collected twice a week; provided, that: (i) The volume of waste does not exceed an average of one cubic yard each week for commercial, office, institutional or industrial establishments. (2) Commercial, office, institutional or industrial establishments generating more than an average of one cubic yard each week, and multifamily residential premises of more than ten units must subscribe to a private garbage service. (d) Upon request, the City shall provide residential waste collection services to multifamily residential premises greater than four but not exceeding 15 dwelling units (however, service to residential premises containing 11 to 15 dwelling units must be conditioned upon the fact that such service cannot be provided due to space limitations which make it impractical or impossible to site a large volume garbage container) including apartment buildings, the majority of the units of which have separate kitchen facilities, including a sink, stove and refrigerator, and mobile home parks, and to office, institutional, commercial or industrial establishments and to multibusiness buildings having more than one but not exceeding ten business units, generating not more than one cubic yard of waste each week per residential unit, or equivalent, under the following procedures: (1) The applicant for service shall apply to the Department for collection service. The Director of Solid Waste and Resource Management shall determine whether the applicant meets the criteria for service to office, institutional, commercial, industrial or multifamily residential customers set forth. (2) Upon determination by the Director of Solid Waste and Resource Management that the applicant is entitled to residential waste collection service, the applicant for service shall pay to the Tax Collector the annual waste collection service charge as provided in Section 382.501 (c) for each unit, except the applicants in the Downtown Area shall pay twice the amount determined in Section 382.501 (c) for each unit. An applicant for residential waste collection service to office, institutional, commercial or industrial establishments and to multibusiness buildings (except those in the Downtown Area) whose facility generates more than ten "garbage receptacles" per week shall be required (either at the time of application for service or upon notice by the division that such service is necessary due to waste quantities which exceed the ten "garbage receptacle" limit) to subscribe for a "garbage receptacle" exceedance to allow up to ten additional "garbage receptacles" per collection day at an additional annual fee as found in www.coj.net/fees , per unit, which fee shall be payable in advance. (3) The Tax Collector shall issue to the applicant a receipt therefor and send two copies of the receipt to the Director of Solid Waste and Resource Management, who shall thereupon provide collection service. (4) Upon written request from the Director of Solid Waste and Resource Management, or his designee, any owner and/or occupant of facilities described in Section 380.202 (d) which are located in the Core City (excluding the Downtown Area) shall provide proof of solid waste collection service of at least once weekly from an entity legally authorized to provide such service. Failure to provide such proof within 30 days of the receipt of such written request from the Director of Solid Waste and Resource Management, or his designee, shall be a violation as set forth in Section 380.213 . (e) All multifamily residential and commercial establishments that do not currently receive yard trash service as defined in Section 380.202 (b) or (c) will be eligible for service by the Department if all criteria as set forth in Section 382.402 (e) is met. (f) Residential premises (as defined in Section 382.102 ) and multifamily apartment buildings (as defined in Chapter 380 ), except those located in the Downtown Area, may obtain an optional second day of garbage weekly collection services upon advance payment of an annual fee as found in www.coj.net/fees . (g) The Department shall provide residential waste collection services to residential premises (not to include multifamily residential premises) in any area outside the First Urban Services District if such area is not within a service area set forth in Code Section 382.301 . (Ord. 70-650-526; Ord. 71-397-181; Ord. 70-953-442, § 1; Ord. 72-440-292, § 4; Ord. 77-1180-601, § 2; Ord. 83-591-400, § 1; Ord. 86-974-495, § 1; Ord. 89-1168-679, § 4; Ord. 91-989-385, § 1; Ord. 92-130-99, § 1; Ord. 94-711-743, § 1; Ord. 95-246-105, § 10; Ord. 2010-53-E, § 1; Ord. 2017-665-E , § 22) Note— Former § 616.102 .