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Home My WebLink AboutO-958ORDINANCE NO. AN ORDINANCE TO PROHIBIT OWNERS, RESIDENTIAL AND COMMERCIAL BUILDING CONTRACTORS, SUBCONTRACTORS AND MATERIAL -MEN AND THEIR AGENTS, SERVANTS AND EMPLOYEES FROM DEPOSITING CONSTRUCTION SITE RUBBISH, SOLID WASTE, DEBRIS AND/OR TRASH IN THE MUNICIPAL LANDFILL AND TO CONTROL THE PLACEMENT, HANDLING, CONTAINMENT AND DISPOSAL OF SAID RUBBISH, SOLID WASTE, DEBRIS AND/OR TRASH TO PROVIDE A PENALTY FOR THE VIOLATION OF SAID ORDINANCE AND TO REQUIRE SAID PERSONS, FIRMS OR CORPORATIONS TO CONTROL AND PREVENT EROSION ON THE CONSTRUCTION SITE AND THE DEPOSITING OF SILT ON PUBLIC RIGHTS OF WAY OR ADJACENT PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, A MUNICIPAL CORPORATION, AS FOLLOWS: SECTION 1. Definitions: The following words and terms when used in this Ordinance shall have the meanings respectfully described to them by this section unless the context clearly indicates otherwise. A. "Contractor." For the purpose of this Ordinance, the word "Contractor" or the word "General Contractor" is defined to be one who, for a fixed price, commission, fee or wage, undertakes to construct or superintend the construction of any building, highway, sewer, grating or any improvement or construction where the cost of the undertaking is TWO THOUSAND DOLLARS ($2,000.00) or more, and anyone who shall engage in the construction or superintending the construction of any structure or any undertaking or improvement abovementioned in the City of Fairhope, said structure costing TWO THOUSAND DOLLARS ($2,000.00) or more, shall be deemed and held to have engaged in the business of general contracting in the City of Fairhope. B. "Subcontractor." A Subcontractor is defined as one who takes a portion of a contract from a principal contractor or another subcontractor. A Subcontractor is one who has entered into, a contract, express or implied, for the performance of an act with the person who has already contracted for his performance. C. "Materialmen." A Materialmen is a person who has furnished materials used in the construction or repair of a building or structure. D. "Solid Waste." Solid Waste is all putrescible and non-putrescible discarded materials, except household sewage and livestock and poultry waste, including, but not limited to, garbage, rubbish, ashes, street and highway cleanings, dead animals, including offal, abandoned automobiles and such industrial waste as are not controlled by other agencies. Ord. No. Page 2 E. "Rubbish." Rubbish is all non-putrescible solid waste, excluding ashes, consisting both of combustible and noncombustible waste, combustible rubbish includes paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves, and similar materials. Noncombustible rubbish includes glass, crockery, metal cans, metal furniture, metal construction parts and materials applied to a job site, and like materials which will not burn at ordinary incinerator temperatures not less than 1600o Fahrenheit. F. "Trash". Trash shall include any waste product, portions of material, whether it be wood, metal, plastic or a combination of said material which is used in the construction of any building or structure. Trash shall also include material used to control erosion. SECTION 2, No Owner, Building Contractor, General Contractor, Subcontractor or Materialman shall place or cause to be placed upon the public streets, sidewalks or alleys or rights -of -way of the City of Fairhope any garbage, trash, refuge, rubbish, solid waste or like matter except as hereinafter provided and no person shall throw, place or dispose of any trash, litter, garbage, refuge or like matter upon the property of another. SECTION 3. No Owner, Building Contractor, General Contractor, Subcontractor or Materialman shall dispose of any construction site waste, rubbish, trash, solid waste and/or debris in the municipal landfill of the City of Fairhope. SECTION 4. It is the responsibility of every Owner, Building Contract, General Contractor, Subcontractor and Materialman working on a construction site in the city limits or the police jurisdiction of the City of Fairhope to store all construction site waste, refuge, trash, debris, solid waste and rubbish in a location that does not block any street, alley, right-of-way or easement of the City of Fairhope; and it shall further be the responsibility of said persons, firm or corporation to dispose of said construction site rubbish, trash, solid waste, and/or debris at their own expense at the county landfill or another landfill of their choice, but said waste shall not be disposed of at the municipal landfill. SECTION 5. Any Owner, Building Contractor, General Contractor, Subcontractor or Materialman working on any multi -family building project or commercial building project within the city limits or police jurisdiction of the City of Fairhope shall cause a proper construction site debris disposal unit to be placed at the construction site and shall place all construction site waste, trash, debris, solid waste and/or rubbish in said refuge container and shall have the container removed from construction site and emptied on a weekly basis. No such waste, rubbish, trash, debris, and/or solid waste in said construction site container shall be disposed of at the municipal landfill but must be disposed of at the county landfill or another landfill at the choice of said Contractor. SECTION 6. Any Owner, Building Contractor, General Contractor, Subcontractor and/or Materialman performing work or supplying labor or materials to any construction site in the city limits or police jurisdiction shall control and prevent erosion on the construction site and the depositing of silt on public rights of way or other adjacent and nearby property. Ord. No. Page 3 SECTION 7. Any person, firm or corporation failing to comply with these provisions will be deemed to have committed a misdemeanor and upon conviction thereof shall be fined not less than THREE HUNDRED DOLLARS ($300.00) nor more than FIVE HUNDRED DOLLARS ($500.00) for each such occurrence. Each day a violation occurs of any of the terms or provisions of this Ordinance shall be deemed a separate and distinct violation of the Ordinance. SECTION 8. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict repealed. SECTION 9. In the event that any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications thereof shall not thereby be affected. SECTION 10. This Ordinance shall become effective immediately upon its due adoption and publication as required by law. 7j ADOPTED THIS q DAY OF wl 1994. Z"'"'-� — P. Nix, Mayor PREPARED BY: MARION E. WYNNE `= cc �j City Attorney tZ v Wilkins, Bankester, Biles & Wynne, P.A. D v� > Post Office Box 1367 a v Fairhope, Alabama 36533-1367 pb cc ,, (205) 928-1915 C� oW z� vN 0 u`� 0