§ 14-665. Dumpsters, bagsters, and temporary portable storage units.

(a)

Definitions. In addition to the definitions defined in this chapter under section 14-5, for the purposes of this section, the following words or terms shall have the following meanings:

Bagster means a large, high capacity bag, generally of woven polypropylene, and typically eight feet long by four feet wide by two feet six inches tall and capable of holding up to three cubic yards/606 gallons of debris, up to 3,300 pounds, which is collected by a specially equipped waste hauling vehicle.

Dumpster means portable containers (typically open on top), compactors, and/or roll-offs used on a temporary basis for the collection and storage of construction waste from ongoing, permitted construction projects, house cleans, or temporary uses in residentially-zoned districts; but shall not include any portable, nonabsorbent, enclosed containers with closed fitting covers or doors, capable of being serviced by mechanical equipment and used on a permanent basis to store five cubic yards or less of refuse and serving as the primary method of garbage collection and disposal for a residence. For the purposes of this section, the term "dumpster" shall not apply to the permanent trash receptacles used on a permanent basis by businesses, apartment buildings, schools, offices, places of worship and industrial sites for collection and disposal of refuse and other waste and sometimes called Dempsey Dumpsters.

Temporary portable storage unit or TPSU , sometimes called PODS, means a transportable, standardized, reusable vessel, container, or receptacle that was i) originally and specifically designed for or is used in stowing, packing, shipping, moving or transporting freight, articles, goods or commodities; and ii) designed for or is capable of being mounted or moved on a truck, and; iii) located at a site for the temporary storage of personal property; or as a temporary construction office.

(b)

Dumpsters and bagsters.

(1)

It shall be unlawful for any person to provide, deliver, move, install, erect, use, occupy or rent (as owner or as renter), or to allow to remain on property owned or controlled by such person, any dumpster or bagster within the city, or to cause or allow any such activity at a place the person owns or controls, except in accordance with this section.

(2)

Except as set out in the subsection, it shall be unlawful for a person to place a dumpster or bagster in the city without first having obtained a permit for the same under subsection (d) of this section. However, a permit under subsection (d) is not required for any dumpster or bagster used at the site of a project for which a building permit has been issued by the city.

(3)

Dumpsters and bagsters, when used for new construction or extensive renovation or repair of property for which a building permit has been issued under this code, shall be allowed to remain at the construction site for the period of construction, provided that construction activity is continuous. Dumpsters and bagsters shall be removed from the property within five calendar days of expiration of a building permit, passage of all final inspections, or issuance of a certificate of occupancy, whichever is later, or within 14 days of the cessation of construction activity on the site.

(4)

Dumpsters and bagsters, when not used for new construction or extensive renovation or repair of property for which a building permit has been issued under this code, shall remain at the site for no more than a total of 30 days per year. No more than one dumpster or bagster shall be allowed at a site at a time. The building official may for good cause extend this 30-day annual limit for a period not to exceed 30 days and may increase the number of dumpsters or bagsters allowed on a single site.

(5)

A dumpster or bagster shall not obstruct vehicular or pedestrian traffic, and shall not be placed in the set-back, and shall not encroach into drainage areas/easements or landscaping buffers, or the right-of-way. Dumpsters and bagsters shall not be placed in such a manner that a person lawfully using the sidewalk must detour into the street in order to go around the dumpster.

(6)

Dumpsters and bagsters shall be placed on a paved driveway or parking area, provided that a dumpster or bagster that is to be located at a construction site may, with the prior written approval of the building official, be placed on non-paved surfaces if it is difficult or impossible to place the unit on a paved surface. A dumpster or bagster located at a construction site shall be placed no closer than five feet from all property lines.

(7)

A dumpster or bagster that is not removed as required in this section, or is not removed immediately at the direction of the building official due to safety reasons, may be removed by the city immediately, without notice; and the cost of such removal, together with the cost of administration of its removal, may be assessed and filed as a lien against the property on which the dumpster or bagster was located.

(8)

A dumpster or bagster shall not be located in such a manner as to impair a motor vehicle operator's view of motor vehicles, bicycles, or pedestrians using or entering any street, sidewalk, or right-of-way.

(9)

Each dumpster shall display a placard that is not less than one square foot in area and that is clearly visible from the right-of-way, which placard includes the container identification number, date of its placement on the property, date that removal will be required, permit number, and local telephone number. A bagster does not need a placard.

(10)

At all times dumpsters and bagsters shall be secured or removed in such a manner so as to minimize the danger of such units causing damage to persons or property from high winds or severe weather conditions.

(c)

Temporary portable storage units ("TPSU").

(1)

It shall be unlawful for any person to provide, deliver, move, install, erect, use, occupy or rent (as owner or as renter), or to allow to remain on property owned or controlled by such person, a TPSU within the city, or to cause or allow any such activity at a place the person owns or controls, except in accordance with this section.

(2)

It shall be unlawful for a person to place a TPSU in the city without first having obtained a permit for the same under subsection (d) of this section. This permit is required whether or not the TPSU is used at a site for which a building permit has been issued.

(3)

A TPSU, when used for new construction or extensive renovation or repair of property for which a building permit has been issued under this code, shall be allowed to remain at the construction site for the period of construction, provided that construction activity is continuous. A TPSU shall be removed from the property within five calendar days of expiration of a building permit, passage of all final inspections, or issuance of a certificate of occupancy, whichever is later, or within 14 days of the cessation of construction activity on the site.

(4)

A TPSU may be used as a temporary construction office under this section provided a building permit has been issued for the site at which the TPSU is located and construction at the site is continuous.

(5)

A TPSU, when not used for new construction or extensive renovation or repair of property for which a building permit has been issued under this code, shall remain at the site for no more than a total of 30 days per year and no more than one TPSU shall be allowed on a site at a time for such purposes. The building official may for good cause extend this 30-day annual limit for a period not to exceed 30 days and allow more than one TPSU on a single site.

(6)

A TPSU shall not obstruct vehicular or pedestrian traffic, not be placed in the set-back, and not encroach into drainage areas/easements or landscaping buffers, or the right-of-way. TPSUs shall not be placed in such a manner that a person lawfully using the sidewalk must detour into the street in order to go around the TPSU.

(7)

TPSUs shall be placed on a paved driveway or parking area, provided that a TPSU that is to be located at a construction site may, with the prior written approval of the building official, be placed on non-paved surfaces if it is difficult or impossible to place the unit on a paved surface. A TPSU located at a construction site shall be placed no closer than five feet from all property lines.

(8)

A TPSU shall not be located in such a manner as to impair a motor vehicle operator's view of motor vehicles, bicycles, or pedestrians using or entering any street, sidewalk or right-of-way.

(9)

A TPSU that is not removed as required in this section, or is not removed immediately at the direction of the building official due to safety reasons, may be removed by the city immediately, without notice; and the cost of such removal, together with the cost of administration of its removal, may be assessed and filed as a lien against the property on which the TPSU was located.

(10)

Each TPSU shall display a placard that is not less than one square foot in area and that is clearly visible from the right-of-way, which placard includes the container identification number, date of its placement on the property, date that removal will be required, permit number, and local telephone number.

(11)

At all times TPSU shall be secured or removed in such a manner so as to minimize the danger of such units causing damage to persons or property from high winds or severe weather conditions.

(12)

No TPSU shall have dimensions greater than 16 feet in length, eight feet in height, or eight feet in width, nor contain more than 1,024 cubic feet.

(13)

A TPSU shall be in a condition free from rust, peeling paint and other visible forms of deterioration.

(14)

Hazardous material shall not be stored in the TPSU except in strict accordance with applicable law. Explosive materials shall not be stored in a TPSU.

(15)

All federal, state, and local statutes, rules and regulations for use of a TPSU.

(d)

Permits, application procedures, permit fees.

(1)

A dumpster, bagster, or a TPSU that is not used in connection with a construction project for which a valid building permit has been issued by the city must obtain a permit from the building official prior to placement on a site. No more than one permit per year may be issued under this subsection for a site.

(2)

An application for a dumpster, bagster, or a TPSU permit shall be submitted to the permitting department for review and approval. The application shall include:

a.

The identification number, size, and company providing the dumpster, bagster, or TPSU.

b.

The expected date of placement and date of removal of the dumpster or bagster or TPSU.

c.

A site plan showing the placement of each dumpster, bagster or TPSU and distances from property lines.

(3)

The building official shall approve applications for permits that comply with the requirements of this section. The building official may impose additional reasonable conditions and time limits on any permit issued under this section in order to reduce or avoid adverse impact on nearby properties (including visual impact and any potential impact on property values).

(4)

Fees for the permits required by this section and any renewal, extension or modification of such a permit are as follows:

a.

$25.00 for one dumpster or up to two bagsters;

b.

$25.00 for a TPSU; and

c.

$50.00 for a TPSU to be used as a temporary construction office. This fee is in addition to the fee charged in subsection (d)(4)b.

(e)

Penalty. Any person who shall violate any provision of section 14-665 shall be guilty of a misdemeanor and subject to a fine as provided in section 1-8.

(Ord. No. 2011-02, § 1, 1-17-11)