(a) A person who violates any of the provisions of Sections 42-2-92(b), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96,42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code regarding solid waste, where the amount of the solid waste is less than five cubic yards in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $200.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(b) A person who violates any of the provisions of Sections 42-2-92(c), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is five or more cubic yards in volume but less than ten cubic yards in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(c) A person who violates any of the provisions of Sections 42-2-92(c), 42-2-93(a) and (b)(1), (2) and (4),42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is ten or more cubic yards in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $1,000.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(d) For a repeat or subsequent blight violation under sections 42-2-92(b), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is less than five cubic yards in volume, a person shall be subject to a civil fine of not less than $200.00 but not more than $500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(e) For a repeat or subsequent blight violation under Sections 42-2-92(c), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is five or more cubic yards in volume but less than ten cubic yards in volume, a person shall be subject to a civil fine of not less than $500.00 but not more than $1,000.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(f) For a repeat or subsequent blight violation under Sections 42-2-92(c), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is ten or more cubic yards in volume, a person shall be subject to a civil fine of not less than $1,000.00 but not more than $2,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(g) Each day on which any violation of any of the provisions of Sections 42-2-92(b), and (c), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code continues shall constitute a separate violation. The imposition of a fine under this section shall not be construed to excuse or to permit the continuation of any violation and, upon a blight violation determination may be subject to a civil fine for each day the violation continues. The determination as to whether an act or a failure to act is a continuing violation is within the discretion of the hearings officer.
(h) When determining the amount of a civil fine for a blight violation that is issued under Subsections (a), (b), (c), (d), (e), or (f) of this section, the hearings officer shall consider all of the following factors;
(1) The type of solid waste;
(2) The nature of the violation;
(3) The duration of the violation;
(4) The preventability of the violation;
(5) The potential and actual effect on the surrounding neighborhood or the environment;
(6) The economic benefit to the violator;
(7) The violator’s recalcitrance or efforts to comply with law; and
(8) The economic impact of the fine on the violator.
These factors shall only be considered where the hearings officer determines that the violator has made all good faith efforts to correct and terminate the violation. The violator shall have the burden of proof regarding the presence and degree of any factor to be considered by the hearings officer in determining the amount of the fine. In each case, the fine shall be set within the range that is delineated in subsections (a), (b), (c), (d), (e), or (i) of this section for the corresponding amount of solid waste.
Amended by Ord. No. 22-19 (JCC. 6/18/19, Pass. 7/2/19, App. 7/9/19, Pub. 7/31/19, Eff. 7/31/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) A person who violates any of the provisions of Section 42-2-92(d) of this Code regarding solid waste from a motor vehicle, where the amount of the solid waste is less than five cubic feet in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $800 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(b) A person who violates any of the provisions of Sections 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is five or more cubic feet in volume but less than ten cubic feet in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $1.500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(c) A person who violates any of the provisions of Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is ten or more cubic feet in volume but less than 15 cubic feet in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $2,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(d) A person who violates any of the provisions of Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is 15 or more cubic feet in volume is responsible for a blight violation and, for the first violation, is subject to a civil fine of $3,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(e) For a repeat or subsequent blight violation under Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is less than five cubic feet in volume, a person shall be subject to a civil fine of not less than $800.00 but not more than $1,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(f) For a repeat or subsequent blight violation under Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is five or more cubic feet in volume but less than ten cubic feet in volume, a person shall be subject to a civil fine of not less than $1,500.00 but not more than $2,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(g) For a repeat or subsequent blight violation under Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is ten or more cubic feet in volume but less than 15 cubic feet in volume, a person shall be subject to a civil fine of not less than $2,500.00 but not more than $3,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(h) For a repeat or subsequent blight violation under Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is 15 cubic feet or more in volume, a person shall be subject to a civil fine of not less than $3,500.00 but not more than $5,000.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(i) Each day on which any violation of any of the provisions of Section 42-2-92(d) of this Code continues shall constitute a separate violation. The imposition of a fine under this section shall not be construed to excuse or to permit the continuation of any violation and, upon a blight violation determination may be subject to a civil fine for each day the violation continues. The determination as to whether an act or a failure to act is a continuing violation is within the discretion of the hearings officer.
(j) When determining the amount of a civil fine for a blight violation that is issued under Subsection (d) of this section, the hearings officer shall consider all of the following factors:
(1) The type of solid waste:
(2) The nature of the violation:
(3) The duration of the violation:
(4) The preventability of the violation:
(5) The potential and actual effect on the surrounding neighborhood or the environment:
(6) The economic benefit to the violator:
(7) The violator’s recalcitrance or efforts to comply with law; and
(8) The economic impact of the fine on the violator.
These factors shall only be considered where the hearings officer determines that the violator has made all good faith efforts to correct and terminate the violation. The violator shall have the burden of proof regarding the presence and degree of any factor to be considered by the hearings officer in determining the amount of the fine. In each case, the fine shall be set within the range that is delineated in subsections (a), (b), (c), (d), (e), (f), (g) or (h) of this section for the corresponding amount of solid waste.
Codified by Ord. No. 22-19 (JCC. 6/18/19, Pass. 7/2/19, App. 7/9/19, Pub. 7/31/19, Eff. 7/31/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) No person shall dump, store or deposit or cause to be dumped, stored or deposited, on any publicly-owned property, or private property or water, within the City any solid waste, medical waste or hazardous waste, except at a waste disposal or storage facility for which a permit or operating license has been properly issued pursuant to the provisions of this Code and of other local, state and federal law. Such dumping, storing, or depositing without a permit is declared to be a blight violation. In accordance with Section 42-1-42 of this Code, a police officer may impound a vehicle that is operated in the commission of a blight violation.
(b) Dumping, depositing, or placing solid waste less than five cubic yards on any private property, public property, right-of-way or surface water or around any approved or portable container is hereby deemed unlawful and subject to the fines and penalties provided for in this chapter.
(c) Unless otherwise provided for in this division, dumping, storing, depositing of solid waste in an amount of five cubic yards or more on any private property, public property, right-of-way or surface water or around any approved or portable container is illegal dumping and is hereby deemed unlawful and subject to the fines and penalties provided for in this chapter.
(d) Dumping, or depositing solid waste in any discernible quantity from any motor vehicle upon any public highway, city street, public or private property or water or causing such solid waste to be dumped or deposited from a motor vehicle is illegal dumping, and is hereby deemed unlawful and subject to the fines and penalties provided for in this chapter. Proof that the particular vehicle described in the blight violation was used to dump or deposit solid waste gives rise to a rebuttable presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
(e) Dumping, storing, depositing or placing medical waste or hazardous waste in any discernible quantity on any private property, public property, right-of-way or surface water or around any approved or potable container is illegal dumping and is hereby deemed unlawful and is subject to the fines and penalties provided for in this chapter.
(f) Dumping or depositing medical or hazardous waste in any discernible quantity from any motor vehicle upon any public highway, city street, public or private property or water or causing such solid waste to be dumped or deposited from any motor vehicle is illegal dumping and is hereby deemed unlawful and is subject to the fines and penalties provided for in this chapter.
(g) Unless otherwise provided for in this chapter, dumping, storing, depositing, or transporting bulk solid material on any private property, public property, right of way, or surface water or around any approved or portable container is illegal dumping and is a blight violation subject to the fines and penalties provided for in this chapter. Asphalt millings removed as part of a public paving or repaving project (a project conducted, controlled or funded by the governments or agencies of the City of Detroit, the County of Wayne, the State of Michigan, or the United States) and temporarily stored on or adjacent to that project for reuse in that project is not illegal dumping if the temporary storage period does not exceed 45 days.
(h) Violations of Article II of this chapter not described by Section 42-2-92(g), including but not limited to the escape of fugitive dust from an otherwise authorized collection of bulk solid material in an amount that exceeds the opacity limit specified in MCL 324.5524(2), regardless of qualification under MCL 324.5524(1), is unlawful and is subject to the fines and penalties provided for in this chapter.
Amended by Ord. No. 22-19 (JCC. 6/18/19, Pass. 7/2/19, App. 7/9/19, Pub. 7/31/19, Eff. 7/31/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
It is the intent of the City Council that this article be liberally construed for the purpose of providing a sanitary and satisfactory method of preparation, storage, collection, transport, disposal of municipal recyclable material and for the maintenance of public and private property in a clean, orderly, and sanitary condition to ensure the peace, health, safety and welfare of the People of the City of Detroit. By upholding this standard of recyclable materials, the City Council will aid in the mitigation of poor air and water quality; support the goals of the adopted Sustainability Action Agenda; and provide residents with the guidance and support to achieve satisfactory waste diversion rates, working towards a zero-waste future. This Article will serve as a foundation for environmental justice and equity; resilience and economy prosperity for residents and visitors as the City continues to prepare for the implications of climate change.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Commercial recyclable material means recyclable materials resulting from the operation of a commercial establishment.
Domestic recyclable material means recyclable materials resulting from the usual routine of housekeeping, but does not include commercial recyclable material.
Large recycle receptacles mean containers which are 300 to 450 gallons in capacity, are provided by the Department of Public Works and are the property of the City, for use at domestic or commercial establishments, and are mechanically emptied or containers which are provided by a licensed private collector and are approved by the Department of Public Works.
Recycle cart means a City approved container used to hold recyclable materials before they are taken to recycling centers.
Recyclable material means, all source separated material, site separated material, high grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper, and other materials that may be recycled.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) The Department of Public Works may offer collection services and collect recyclable material from domestic or commercial establishments that elect to use such service, subject to the payment of the solid waste collection fee provided for in Section 42-2-73 of this Code.
(b) The collection of all recyclable material is conditioned upon observance of all provisions of this article.
(c) The collection of all domestic and commercial recyclable materials by the Department of Public Works or its contractors shall be transferred to the nearest materials recovery facility (MRF) that is under contract with the City.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) In accordance with Section 9-507 of the Charter, the Director of the Department of Public Works is authorized to establish, with the approval of the City Council through adoption of a resolution:
(1) Necessary rates for the regular collection of commercial recyclable material;
(2) A schedule of fees for other services, exclusive of the rates charged for regular collection of commercial recyclable material; and
(3) A schedule of fees for services including, but not limited to, inspections to ensure compliance with this section.
(b) After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the rates shall be:
(1) Published on the City's website and social media, and in the Journal of the City Council;
(2) Made available at the Department of Public Works and at the Office of the City Clerk; and
(3) Reviewed by the Director of the Department of Public Works once every two years.
(c) Billing and collection of recyclable material collection fees for commercial establishment shall proceed in the same manner as delineated for residential properties in Section 42-2-73(c) (1) (2) (3) (4) and (5) of this Code, provided, that the hardship exemption and the senior discount are not available for commercial establishments.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
Nothing in this article shall be construed to require the use of the City’s recycling services or to prohibit any residential owner or commercial establishment from entering into a contract with a licensed private collector that performs such services.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) All domestic and commercial recyclable material for City collection, shall be stored in recycle carts approved by the Department of Public Works.
(b) Any domestic or commercial establishment utilizing a private collection service shall utilize approved recycle carts provided by the licensed private collector in lieu of an approved bin provided by the Department of Public Works, and shall clearly affix to the approved bin information identifying the owner of the container thereof, including the name, address and telephone number of the licensed private collector.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) No defective or unapproved cart shall be used for the storage of domestic recyclable material or commercial recyclable material. In the event of a defective cart in which a wheel or lid needs to be replaced, the Department of Public Works shall be responsible for such repair or replacement. If a new cart is required, the domestic or commercial establishment is responsible for ordering a new cart from a private collector or Department of Public Works.
(b) After notice has been given by the Department of Public Works to the occupant, owner, or responsible party to cease such storage and disposal of recyclable material in an unapproved cart, such cart may be removed by the Department of Public Works.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
No person shall deposit, domestic recyclable material or commercial recyclable material, in approved carts owned by, assigned to, or contracted for by other persons or premises.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) All approved carts shall be conveniently accessible for collection services.
(b) Except on collection days, all approved carts for domestic recyclable material shall not be placed in the front yard. Approved recycle carts for the collection of commercial recyclable materials must be placed as directed by the Department of Public Works.
(c) In those areas where alley recyclable material collection is the only alternative to curbside recyclable material collection as determined by the Director of the Department of Public Works, approved carts shall be located as near as possible to the alley line, but not in the alley, on the street or on other public property, except that, where the Director of the Department of Public Works has deemed it impractical for the Department of Public Works to obtain access to the approved carts on private property, the Director may grant revocable written permission to store such bins on public property.
(d) The Director of the Department of Public Works shall have the authority to designate the location from which approved carts shall be collected, provided, that prior to any change from alley to curbside recyclable material collection, from corner lot or side yard to front collection, or any other change in approved cart service location, the Director of the Department of Public Works shall give at least 30 days prior public notice through the distribution of various printed literature presenting the rationale for such change in approved bin service location and instructions that the affected public is to follow regarding the new collection procedures.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) Properly located domestic and commercial recyclable material shall be collected by the Department of Public Works or a licensed private collector.
(b) Owners and/or occupants of residential structures who receive curbside collection shall place approved carts on a berm area not earlier than 6:00 p.m. on the day before collection and shall remove the same not later than 9:00 p.m. on the day of collection in accordance with this article.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) Vendors of large recycle receptacles shall be responsible for obtaining a permit for each large recycle receptacle from the City Engineering Division of the Department of Public Works prior to the installation in any public right-of-way. Each large recycle receptacle shall have the capacity of 300 to 450 gallons and shall be in accordance with standard specifications designated by the Department of Public Works.
(b) All large recycle receptacles must be approved in accordance with Subsection (a) of this section.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
Large recycle receptacles shall be legibly and permanently labeled with the following information:
(1) The name of the manufacturer and vendor;
(2) The capacity of the bin in cubic yards; and
(3) The address of the establishment for which the recycle receptacle was approved in Arabic numerals at least three inches in height.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) Where large recycle receptacles are authorized, they shall not be placed or installed upon a public right-of-way until a permit has been obtained from the City Engineering Division of the Department of Public Works.
(b) A permit shall be issued only after payment of a fee as determined by the City Engineering Division of the Department of Public Works. Permits will not be issued and large recycle receptacles shall not be provided for joint use of two or more domestic or commercial establishments.
(c) The large recycle receptacles must be properly installed to comply with all required specifications. A concrete slab as approved by the Department of Public Works may be required. Where deemed necessary, any permit may be revoked for cause by the Director of the Department of Public Works.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
Any large recycle receptacles relocated to another residential structure or commercial establishment shall be subject to all requirements for a new installation including an application for a permit to install at the new location.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) The Department of Public Works shall provide one recycle cart to each occupied household unit on residential structures containing one, two, three, or four household units, for the storage of recyclable material in between collections. It shall be the responsibility of the occupant(s) and/or owner(s) of each household unit to place their respective cart in the proper location for the storage of recyclable material, to protect the cart from damage, to keep the cart in a clean and satisfactory condition, and to properly store domestic recyclable material only therein.
(b) The Department of Public works shall collect domestic recyclable material that is properly stored and properly separated only as follows:
(1) All recyclable material intended for collection shall be drained of all free liquid.
(2) Recyclable material must be stored in approved recycle carts.
(3) Domestic recyclable material must not be mixed with domestic solid waste.
(c) When collection service is scheduled, all approved recycle carts for which collection is desired, must be placed by the owner, lessee, agent or caretaker at the curb or designated location no earlier than 6:00 p.m. on the day prior to the scheduled collection day for access by Department of Public Works’ collection trucks and shall be removed no later than 9:00 p.m. on the day of collection.
(d) Collection is subject to weather and other conditions beyond the control of the Department of Public Works. Collection frequency shall be determined by the Department of Public Works.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).
(a) The Department of Public Works shall provide a sufficient number of recycle carts, to residential structures containing five or more household units, which are commercial establishments for purposes of this article, for the storage of commercial recyclable material between collections. The owner, lessee, agent or caretaker of such property shall place its respective carts in the location designated by the Director of the Department of Public Works for the storage of recyclable material, protect the containers from damage, keep the bins in a clean and satisfactory condition, and properly store commercial recyclable material only therein.
(b) The Department of Public works shall collect commercial recyclable material that is properly stored and properly separated only as follows:
(1) All recyclable material intended for collection shall be drained of all free liquid.
(2) Recyclable material must be stored in approved recycle bins.
(3) Domestic recyclable material must not be mixed with domestic solid waste.
(c) When collection service is scheduled, all recycle carts for which collection is desired must be placed by the owner, lessee, agent, or caretaker at the curb or designated location no earlier than 6:00p.m. of the day prior to the scheduled collection day for access by Department of Public Works’ collection trucks and shall be removed no later than 9:00 p.m. on the day of collection.
(d) Collection is subject to weather and other conditions beyond the control of the Department of Public Works. Collection frequency shall be determined by the Department of Public Works.
Codified by Ord. No. 2021-15 (JCC. 2/2/21, Pass. 3/2/21, App. 3/3/21, Pub. 4/15/21, Eff. 4/15/21).