It shall be unlawful to operate and maintain, or cause to be operated and maintained, a collection box located in the City of Detroit, except as follows:
(1) Collection boxes shall be metal or other appropriate material as approved by the Director of the Buildings, Safety Engineering, and Environmental Department;
(2) Collection boxes shall not exceed seven feet in height, six feet in width, and six feet in depth;
(3) Collection boxes shall be placed on a level, paved, asphalt or concrete; dust-free surface;
(4) Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents;
(5) The front of each collection box shall provide, at minimum, in four-inch type, the following information;
a. Permit number;
b. The name, address, email, website and phone number of the co-box controller;
c. All the recipients of the proceeds;
d. If a charitable organization receives some but not all of the personal property placed in the collection box or the proceeds of that personal property, the recipients’ name, address, telephone number and percentage of the proceeds;
e. Information provided by the Buildings, Safety Engineering, and Environmental Department regarding how to file a complaint with the City; and
(6) The collection box shall not have information, advertising or logos other than those relating to the co-box controller, for profit or non-profit organization, and recipients of the proceeds;
(7) Collection boxes shall be serviced, as defined by Section 8-15-4 of this Code, at least every 21 days, and emptied, at least once every seven days. Notwithstanding this service and empty requirement, the collection boxes shall also be serviced and emptied as needed such that no overflow of solid waste, clothes or other donated items will remain outside of the collection box for more than 24 hours and the collection box remains free of infestation. The schedule of service and removal of the items shall be posted on the collection box such that it is visible to the public; and
(8) No collection box shall be placed on public property, and any collection box placed on public property will be removed in accordance with Sections 43-8-7 through 43-8-8 of this Code.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) It shall be unlawful for any person to deposit, store, keep or maintain or permit to be deposited, stored, kept or maintained a collection box on any premises without first obtaining a Certificate of Collection Box Maintenance issued by the Buildings, Safety Engineering, and Environmental Department. A Certificate of Collection Box Maintenance is required for each collection box, except when the collection box is enclosed within a building.
(b) All co-box controllers with collection boxes placed within the City on the effective date of this ordinance shall apply for a Certificate of Collection Box Maintenance as required herein within 30 days of the effective date of this ordinance. Any collection box not in compliance with Subsection (1) of this section after 60 days of the effective date of this ordinance shall be considered in violation of this article.
(c) Any co-box controller in violation of Subsection (a) of this section 60 days after the effective date of this ordinance shall be ineligible to apply for any additional Certificate of Collection Box Maintenance for one year, and shall remove any collection box that is not in compliance with Subsection (a) of this section within 30 days.
(d) The Buildings, Safety Engineering, and Environmental Department shall maintain a registry of all collection boxes for which a Certificate of Maintenance has been issued, and shall make the registry available on the City’s website. The Buildings, Safety Engineering, and Environmental Department may combine this registry with the registry required by Section 8-15-532(d) of the City Code.
(e) In addition to other remedies and penalties provided by this article, the City may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this ordinance. Any person violating this ordinance shall be subject to the full range of equitable remedies provided in the general statutes or common law.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) An application for a Certificate of Collection Box Maintenance under this subdivision shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The application for Certificate of Collection Box Maintenance shall be considered completed when the appropriate person has signed and dated the application, has paid the required application fee, and has provided the information that is required on the form, including:
(1) Where the applicant is an individual:
a. The applicant’s full legal name and any other name used by the applicant during the preceding five years;
b. The applicant’s current mailing address, telephone number, and e-mail address; and
c. Written proof of age in the form of a driver’s license, or a picture identification document containing the applicants date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
(2) Where the applicant is a partnership:
a. The legal name and any other name used by the partners during the preceding five years;
b. The current mailing address and e-mail address for the business; and
c. The phone number of the person responsible for handling collection box matters;
(3) Where the applicant conducts business under a trade or assumed name:
a. The complete and full trade or assumed name;
b. The county where and date that the trade or assumed \ name was filed;
c. The name of the person doing business under such trade or assumed name; the manager, and other persons in charge;
d. The current mailing address and e-mail address for the business; and
f. The phone number of the person responsible for handling collection box matters;
(4) Where the applicant is a limited liability corporation (LLC):
a. The full and accurate LLC name;
b. The state and date of organization;
c. The full names and addresses of officers, directors, managers, members and other persons with authority to bind the LLC;
d. The current mailing address and e-mail address for the LLC; and
f. The phone number of the person responsible for handling collection box matters.
(5) Where the applicant is a corporation:
a. The full and accurate corporate name;
b. The state and date of incorporation;
c. The full names and addresses of officers, directors, managers, and other
persons with authority to bind the corporation;
d. The current mailing address and e-mail address for the business; and
f. The phone number of the person responsible for handling collection box matters;
(6) Where the applicant is a charitable organization:
a. The full and accurate name of the organization;
b. The current mailing address and email of its headquarters;
c. Proof of the 501(c)(3) status of the charitable organization or a valid registration under the Charitable Organization and Solicitation Act; and
f. The phone number of the person responsible for handling collection box matters;
(7) The name and business address of the statutory agent, or other agent, who is authorized to receive service of process;
(8) The address of the premises where the collection box would be located, and a copy of the location permit approved in accordance with Section 8-15-533 of this Code;
(9) Proof of current ownership or lease of the premises, as may be provided in the form of a deed, land contract, leasing agreement, or other valid and duly recorded instrument;
(10) If different from the applicant, the name and contact information of the owner or legal entity in control or lawful possession of the premises, a notarized affidavit signed by the owner, or authorized agent granting permission for the placement of the proposed collection box in a permitted location, in accordance with Section 8-15-533 of this Code. For purposes of this section, the affidavit may be executed by an individual who is an officer, director, member or manager for the property owner or lease holder, all of which will be considered as an authorized agent;
(11) A notarized collection box removal agreement;
(12) A deposit, in an amount set by resolution of City Council as provided in Section 8-15-534 of this Code, to be held in escrow presented to the Buildings, Safety Engineering, and Environmental Department, for the removal of collection boxes; and
(13) Maintenance plan, in accordance with Section 8-15-521 of this Code.
(c) Any information provided by the applicant, in accordance with Subsection (b) of this section, shall be supplemented in writing and sent by certified mail, return receipt requested, to the Buildings, Safety Engineering, and Environmental Department within ten business days of a change of circumstances that would render false or incomplete the information that was previously submitted.
(d) The Buildings, Safety Engineering, and Environmental Department shall maintain a registry of co-box controllers and collection boxes governed by this section. The Department may combine this registry with the registry required by Subsection 8-15-531(d) of this Code.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) A Location Permit, approved by the Buildings, Safety Engineering, and Environmental Department, shall be required to authorize the placement of any collection box in the City.
(b) An application for a location permit required under Subsection (a) of this section shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The permit application shall be considered completed when the appropriate person has signed and dated the application, has paid the required application fee, and has provided the information that is on the form, including:
(1) A scaled drawing that demonstrates the location of the collection box complies with the requirements of this Code, is not located within the “clear vision triangle,” as defined in Section 8-15-4 of this Code, and illustrates the proposed location of the collection box on the premises, including:
a. North arrow, legend, if applicable, with graphic and written scale;
b. Location map, showing the location of the premises;
c. Locations and names of all public rights-of-way, private roads, and railroads, as well as all existing pedestrian pathways and driveways, whether adjacent or interior to the premises;
d. Location and outer perimeter dimensions of all existing buildings and other structures on the premises;
e. The dimensions of the proposed collection box; and
(c) A collection box is not permitted at the following locations:
(1) Any location other than the designated and approved site provided on the application;
(2) Land zoned or used for residential purposes;
(3) Public property;
(4) Unimproved, vacant, or abandoned property or property that has not been used for its principal use for more than 30 days;
(5) Within 1,000 feet of another collection box. Notwithstanding this separation requirement, up to two collection boxes on a single lot of record are permitted if the two collection boxes are side by side and are no more than one foot apart;
(6) Within the clear vision triangle, as defined by Section 8-15-4 of this Code; and
(7) Any location where the collection box would be a safety hazard or visual obstruction to vehicular traffic or pedestrian traffic.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) A non-refundable fee shall be charged and collected in accordance with Section 6-503(13) of the Charter for the processing and issuance of a Certificate of Collection Box Maintenance, a Location Permit, and a deposit required under this division. Based upon the cost of issuance and administration of the regulations, the Director of the Buildings, Safety Engineering, and Environmental Department shall establish such fees, which are subject to approval by the City Council through adoption of a resolution.
(b) After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in Subsection (a) of this section shall be:
(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;
(2) Made available at the Buildings, Safety Engineering, and Environmental Department and at the Office of the City Clerk; and
(3) Reviewed by the Director of the Buildings, Safety Engineering, and Environmental Department at least once every two years.
(c) A fee shall be charged for each new application, any application for renewal, or any application for Certificate of Collection Box Maintenance at another location.
(d) A fee shall be charged for each new application, any application for renewal, or any application for a location permit at another location.
(e) A deposit shall be required to be submitted with each application for Certificate of Collection Box Maintenance and shall be held in escrow for the duration of the application process and, where issued, the Certificate of Collection Box Maintenance. The deposit shall cover costs incurred by the City to remove collection boxes when the cobox controller either fails or neglects to remove the collection box as directed by the Building Official and this Division. Where the expense of removal or repair exceeds the amount of deposit, the excess amount shall be collected from the person who, or entity which, the Certificate of Collection Box Maintenance was issued.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) Upon application and before any Certificate of Collection Box Maintenance that is required by this subdivision shall be issued or renewed, it shall be the duty of the Buildings, Safety Engineering, and Environmental Department to refer such application to the Office of Chief Financial Officer, which shall cause an investigation to be completed in accordance with Section 2-113 of the Charter to determine whether any property tax, income tax, personal tax or special assessments are unpaid, outstanding or delinquent to the City.
(b) A Certificate of Collection Box Maintenance shall not be issued or renewed by the Buildings, Safety Engineering, and Environmental Department until the Chief Financial Officer has given written confirmation that the applicant is not in arrears to the City for taxes or assessments that are delineated in Subdivision (a) of this section.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
Upon compliance with Sections 8-15-531 through 8-15-536, the Buildings, Safety Engineering, and Environmental Department shall issue a Certificate of Collection Box Maintenance in accordance with this subdivision.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) No Certificate of Collection Box Maintenance issued under the provisions of this subdivision may be transferred, assigned, or conveyed to another person or legal entity.
(b) Where a collection box is sold or otherwise transferred to a new owner, the Certificate of Collection Box Maintenance issued to the previous owner shall expire on the date of the sale or transfer and, within 30 days after the sale or transfer of the collection box, the new owner shall apply for a Certificate of Collection Box Maintenance in the manner prescribed in this Section 8-15-532 of this Code. Submission of a Certificate of Collection Box Maintenance application and payment of the fee and deposit shall allow for the continued operation of the collection box for the location until such time that the permit renewal application is denied.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) A Certificate of Collection Box Maintenance shall be renewed two years from issuance, and every two years thereafter. Prior to the expiration of the current certificate, the co-box controller shall submit an application for renewal and pay a fee for the renewal of the certificate. Submission of an application for renewal and payment of the fee before the expiration date of the certificate shall allow for the continued operation of the collection box for the location until such time that the renewal application is denied, or the permit is revoked.
(b) Prior to the expiration of the Certificate of Collection Box Maintenance, the certificate holder may voluntarily cancel such certificate by notifying the director in writing of the intent to cancel. The Certificate of Collection Box Maintenance shall become void upon the Director’s receipt of a written notice of intent to cancel.
(c) If the Certificate of Collection Box Maintenance is not renewed, the collection box(es) must be removed from the premises within 30 days of expiration.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) The Building Official may deny or revoke a Certificate of Collection Box Maintenance for a collection box where:
(1) The co-box controller is in violation of any provision of this Code;
(2) The co-box controller has a blight violation determination, as defined in Section 8-15-3 of this Code, and is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau established under Section 3-2-51 of this Code.
(3) The premises owner or leaseholder does not have a certificate of compliance;
(4) The co-box controller is delinquent in paying the City for any cost incurred by the City or the City’s contractor for removal of the co-box controller’s collection box pursuant to the removal agreement established pursuant to Section 8-15-532 of this Code;
(5) There is failure to fulfil the requirements set forth under the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act; or
(6) The co-box controller has had a Certificate of Collection Box Maintenance revoked under this division within the last year.
(b) The denial or revocation of a Certificate of Collection Box Maintenance shall be by written notice to the co-box controller and owner of the building, premises or structure, or his or her legal representative, and contain the specific reason(s) for the denial. In addition, a Certificate of Collection Box Maintenance may be denied or revoked by the Building Official where a co-box controller fails to respond within 60 days after written notice of a required inspection under Subsection 8-15-34(d) of this Code.
(c) A co-box controller aggrieved by denial or revocation of a Certificate of Collection Box Maintenance shall be entitled to a hearing before a hearing officer designed by the Director of the Department of Appeals and Hearings. A request for a hearing on the denial or revocation of a Certificate of Collection Box Maintenance shall be in writing addressed to the Director of the Buildings, Safety Engineering, and Environmental Department and must be made within seven days after the date of the notice of denial of the Certificate. A hearing pursuant to a timely request shall be scheduled at the earliest possible date, but not sooner than seven or later than 30 days after the receipt of the request for a hearing. The Buildings, Safety Engineering, and Environmental Department shall notify the co-box controller and the appropriate City departments of the hearing at least seven days prior to the hearing. The hearing may be adjourned only by agreement of the parties or, upon cause shown, by order of the Director of the Buildings, Safety Engineering, and Environmental Department or the hearing officer.
(d) At the hearing, the Buildings, Safety Engineering, and Environmental Department shall present relevant evidence to show the co-box controller’s failure to comply with the requirements of this article. The co-box controller shall be given an opportunity at the hearing to present relevant evidence in support of the continuation or issuance of the Certificate of Collection Box Maintenance. A decision based upon preponderance of the evidence shall be issued in writing to the Buildings, Safety Engineering, and Environmental Department and to the co-box controller within ten days after the hearing.
(e) Where the co-box controller does not request a hearing within the seven day period after receiving notice of denial or revocation of the Certificate of Collection Box Maintenance, the denial or revocation shall be deemed final seven days after the date of notice of denial or revocation of the Certificate of Collection Box Maintenance. Where the co-box controller requests a hearing but does not appear, the denial of the Certificate of Collection Box Maintenance shall be deemed final and effective at the end of the business day on which the hearing was scheduled. Where a hearing is conducted but the decision sustains the denial of the Certificate of Collection Box Maintenance, the denial of the Certificate of Collection Box Maintenance shall be deemed final and effective at the end of the business day on which the decision was issued.
(f) The hearing shall be conducted in accordance with the procedural administrative rules that are promulgated in accordance with Section 2-111 of the Charter.
(g) Upon final denial or revocation of a Certificate of Collection Box Maintenance, as provided for in Subsection (d) of this section, the Buildings, Safety Engineering, and Environmental Department shall deliver, to the co-box controller and the owner, authorized agent, or legal entity in control or lawful possession of the premises, a written notice that the co box controller’s Certificate of Collection Box Maintenance has been denied. Notice may be delivered via U.S. Mail, via electronic mail, via text message, or in person.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
The Director of the Buildings, Safety Engineering, and Environmental Department is authorized, in accordance with Section 2-111 of the charter, to promulgate administrative rules for the denial and revocation of a Certificate of Collection Box Maintenance.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).