Chapter 1303 PURPOSE, DUTIES AND POWERS

A. General Duty for Acceptable Waste. It shall be the duty of any person at all times to cause acceptable waste generated at residential units to be contained for collection and disposal by the refuse collection division or an authorized, licensed commercial waste hauler in a manner that does not violate this title.
B. General Duty for Unacceptable Waste. It shall be the duty of any person at all times to cause unacceptable waste generated at residential units to be contained for collection and disposal by an authorized, licensed commercial waste hauler in a manner that does not violate this title.
C. Notification by Residents for New Service. It shall be the duty of any person requiring city service at a residential unit where said person did not previously have service to notify the refuse collection division by telephone or in writing that such service is requested.
D. Duty to Provide Adequate Interim Acceptable Waste Storage. Each such receptacle as required, authorized, and approved by the director of public service, i.e., automated collection container, dumpster, lawn and leaf bag, plastic or metal container that exceeds neither thirty-two (32) gallons in size nor fifty (50) total pounds weight, with a tight fitting lid and handles or recycling bin/container shall be of sufficient size and number to contain all acceptable waste generated at residential units, except for bulk and white goods, generated or found upon the property during the time between collections from such property.
1. In those areas with automated collection, the city designated automated collection containers shall be the exclusive means of receiving and holding all acceptable waste generated at dwelling units, other than bulk, white goods, yard waste, and recyclables that have been separated from acceptable waste to be collected from the dwelling unit or premises by the city or authorized, licensed commercial waste hauler; and
2. Automated collection containers shall be placed outside of any fence, wall, enclosure, dwelling unit, or building at the designated point of collection on the day of collection and shall be placed at least ten (10) feet from any parked vehicle and three (3) feet from any other obstruction.
3. Use of Containers. The use of automated collection containers is limited to those residing at the assigned address. The use of three hundred (300) gallon automated collection containers is limited to persons living in the residential block in which said containers are located and who are serviced by alley automated collection. The use of dumpster containers is limited to persons living in residential units for which the property owner is responsible for providing adequate waste containment and storage. (Ord. 2331-99 § 1 (part); Ord. 2553-00 § 1 (part).)
4. Removal of Containers. Residents shall remove any waste container(s) or automated collection container other than three hundred (300) gallon containers and dumpsters from the point of collection (public right-of-way) within twenty-four (24) hours of the collection and store such containers until twelve (12) hours prior to the next scheduled collection.
E. Any person who fails to place waste container(s), yard waste, and recyclables at the point or points of collection on the scheduled day and by the time prescribed by Sections 1303.023(B)(1) and (2), shall either:
1. Dispose of the uncollected acceptable waste generated at dwelling units, other than bulk and white goods, within twenty-four (24) hours of the scheduled day and time, at the expense of said person; or
2. Remove any waste container(s) including yard waste and recyclables receptacle(s) from the point of collection within twenty-four (24) hours subsequent to the scheduled collection time, store such receptacles until twelve (12) hours prior to the next scheduled collection, and return the receptacle or container to the point or points of collection no more than twelve (12) hours before the next scheduled day and time of collection.
F. Duty to Keep Collection Area Free of Debris and Spillage. It shall be the duty of the property owner and/or occupant(s) to keep the designated point of collection and the surrounding area free from debris, spillage, and other overflow pursuant to Sections 705.03 and 707.03 of the Columbus City Codes.
G. Duty to Collect and Dispose of Items After Eviction.
1. It shall be the duty of any owner or lessor of any residential unit or premises in the city where a court supervised setout is performed in any eviction action to keep on their property any acceptable or unacceptable waste and to implement applicable Franklin County Municipal Court procedures.
2. When a court supervised setout is performed in any eviction action, it shall be the duty of the plaintiff in such action to promptly notify the refuse collection division of the date and time of such setout.
H. Collection of Refrigerants and Items Containing Chlorofluorocarbons (CFCs) Or Their Substitutes.
1. It shall be the duty of any person to properly dispose of any refrigerant or item containing chlorofluorocarbons (CFCs) or their substitutes as described in Section 1301.36 of Title 13 of the Columbus City Code pursuant to Ohio Revised Code Section 3767.29.
2. It shall be the duty of any person to arrange for an authorized, licensed commercial waste hauler or other authorized entity to perform such services to collect and dispose of refrigerants and items containing chlorofluoro-carbons or their substitutes at the resident’s expense and to remove the hinges, latches, and other fastening devices pursuant to 2329.06 of the Columbus City Code.
I. Remodeling: Duty of Owners. Any owner shall provide for or secure service with an authorized, licensed commercial waste hauler for proper storage, collection, and disposal of construction and demolition waste generated at or incident to the remodeling process. In addition, said owner shall provide or have said hauler provide storage capacity which is sufficient to contain the construction and demolition waste between disposal service and shall keep such storage capacity for the duration of the project. For those owners who are grandfathered as described in Chapter 1309 of this title, a building or remodeling permit may be denied if it is determined that such building or remodeling will not further the goal of full compliance with this title.
J. Bulk Collection. It shall be the duty of any person to notify the refuse collection division of the need for bulk collection as defined in Section 1301.06.
K. Bundles. It shall be the duty of any person to bundle and securely tie tree prunings/trimmings and shrubbery in bundles not to exceed four (4) feet in length, two (2) feet in diameter and fifty (50) total pounds weight.
L. White Goods. It shall be the duty of any person to contact the refuse collection division to schedule a collection date for such white goods as defined in Section 1301.42.
M. No person shall dump, deposit, place, or cause to be dumped, deposited or placed upon any public property, any acceptable or unacceptable waste except in authorized containers in accordance with this code.
N. Noncompliance. Any person disposing of acceptable or unacceptable waste generated at residential units in violation of this title shall be penalized according to Chapter 1313, and shall retain ownership of and responsibility for such waste until such waste is properly disposed. (Ord. 3038-97 (part); Ord. 2331-99 § 1 (part); Ord. 2553-00 § 1 (part); Ord. 1415-02 § 8.)

The provisions of this subsection shall become effective upon enactment.
A. General Duties.
1. Acceptable Waste. It shall be the duty of the refuse collection division to cause the collection and disposal of acceptable waste generated at residential units that is properly disposed of in conformance with this title. Any acceptable waste generated at residential units set out for collection and disposal by the city shall become the property of the city upon collection.
2. Unacceptable Waste. The refuse collection division does not collect unacceptable waste for disposal.
a. Point of Collection.
(1) When the refuse collection division determines prior to collection that an item is unacceptable waste, the refuse collection division shall set aside and tag the unacceptable waste. The property owner shall be responsible for securing an authorized, licensed commercial waste hauler to properly collect and dispose of the unacceptable waste.
(2) If the owner cannot be determined the refuse collection division shall notify the appropriate enforcement agency to have the matter investigated for remediation.
b. Inadvertently Collected. When the refuse collection division inadvertently collects unacceptable waste and the division can identify the property or owner from which the unacceptable waste was collected, the division shall invoice the owner for all collection and disposal costs the division and/or the appropriate enforcement agency incurs.
B. Residential Collection. No person other than the refuse collection division or an authorized, licensed commercial waste hauler shall have the right to collect acceptable or unacceptable waste from any point of collection, residential unit, or premises in the city, lot, street, or alley, public or private, or transport said acceptable or unacceptable waste in any manner along the streets, highways, or alleys, or on public or private property within the city.
1. Frequency of Collection. Residents of the city shall receive collection service not less than once per calendar week except during weeks in which: a city-declared holiday is observed, an emergency is declared, or severe weather or other extenuating circumstances exist.
2. Time of Collection. In residential areas, collection shall be completed between the hours of six a.m. and ten p.m. unless the public service director determines that these hours should be altered, extended or restricted due to an emergency, severe weather, or other extenuating circumstances.
C. Disposal of Dead Animals. The refuse collection division shall provide for the collection and disposal of animal carcasses within the city right-of-way or city owned property. (Ord. 3038-97 (part).)

A. German Village Area Defined. The German Village area as used in this title is the area with the same boundaries as set forth in Section 3119.25 of the Columbus City Code which also meets all of the following criterion:
1. The area has been designated as a historic district;
2. The area has a reduced or inadequate street right-of-way;
3. There is reliance on street and alley parking in the area;
4. The area has a reduced amount of front, side, and back yard space; and
5. There is inadequate space for placement and access to large containers without material interference with on-site and off-site parking, traffic flow, pedestrian ways, or the use of private premises.
B. The University District Area.
1. The University District Area Defined. The University District area as used in this title shall have the same definition and boundaries as set forth in Section 3111.07 of the Columbus City Code.
2. The University District Area Overlay. A University District overlay will be developed in cooperation with a committee structure established for the University District and campus area to achieve the following objectives:
a. Provide a clean, well-maintained university neighborhood with the removal of trash and bulk solid waste on a regular basis;
b. Remove litter from the university neighborhood; and
c. Make code enforcement a priority for solid waste issues in university neighborhoods.
3. The University District Area Requirements. In order to respond to refuse storage problems which create health and environmental problems within the high density portions of the University District area due to unique living arrangements and the lack of adequate refuse storage, special standards are required, and are hereby provided, for the owner of each property zoned apartment-residential and of residential use located therein.
Each such owner shall provide and continuously maintain a refuse storage receptacle or cubic yard container of sufficient capacity to contain all refuse generated or found upon the property during the interim between municipal refuse collections from such property and whose capacity and type shall conform to no less than the minimum standards of subsections (a), (b), and (c) respectively, as follows:
a. Minimum required capacity is determined by the formula:

(1) "Total calculated floor area" means the combined gross floor area of all spaces, including attics, basements, cellars, and crawl spaces, with a floor to ceiling height of six (6) feet or more of all buildings on the site and as further defined in C.C. 3372.502(C).
(2) "#d.u." means the number of dwelling units. A unit required to have a rooming house license shall be considered as one (1) dwelling unit.
(3) Exception: The capacity required for a residence which does not require a rooming house license need not exceed the product of one and one-fourth (1-1/4) cubic yards times the number of dwelling units located on said property.
b. A cubic yard container shall be used if required capacity equals or exceeds two and one-half (2-1/2) cubic yards.
c. Any receptacle or container shall comply with the refuse collection division specifications and markings. Such refuse storage receptacle or cubic yard container shall be:
(1) Located on site; outside of any front yard, required side yard, required landscaped area, or required parking area (excluding those spaces exempted by C.C.3372.510); and
(2) For public collection service as near as reasonably possible to the public way from which it is to be assessed and so positioned as to facilitate access by city trucks; and
(3) On a hard, level surface and located in an area so designated, delineated, or marked that it is apparent such area is reserved for its placement and is to be unobstructed by any other use such as bulk refuse or parking.
(4) The requirement for on-site refuse storage may be temporarily waived by the trade and development director in accordance with C.C.3372.569(C).
d. All refuse to be collected by the refuse collection division shall be deposited in an approved refuse storage receptacle or cubic yard container at least one-half (1/2) hour before the scheduled date and time of collection and at no time shall refuse be placed or stored in such a manner as to obstruct or hamper the lawful use of any public way or to prevent the collection of such refuse.
e. The refuse collection division shall promptly give notice concerning the enactment hereof to each owner of a building or premises in said area and include therewith a form for the owner to attest to the address and description of such building or premises, total calculated floor area thereof, number of dwelling units therein, and the capacity of the refuse storage receptacle or cubic yard container required to be provided therefor. Such owner shall deliver such completed form to the refuse collection division administrator who shall maintain it on file for reference and enforcement purposes.
f. Any prior administrative exception to or waiver of requirements regarding location, type, or capacity of a refuse storage receptacle or cubic yard container is hereby revoked. (Ord. 3038-97 (part); Ord. 1132-2008 Attach. (part).)

1303.03 Powers of the public service director and the department of development director.

A. The public service director is authorized to promulgate operating policies and procedures, rules and regulations, and to grant exemption service and variances as deemed necessary and may revoke such exemption service or variances when the condition warrants. The public service director may permit a reasonable minimum variance from an applicable section of this title if:
1. A literal application of the applicable section would cause an unnecessary and unreasonable financial hardship; and
2. The public health, safety, or welfare of the community may not reasonably be expected to be materially threatened by failure to correct the violation being appealed; and
3. The granting of such variance will not cause a violation or conflict with any other section of the Columbus City Code.
B. In order to protect the public health, safety and welfare of or the health, safety and welfare of any person, the public service director and/or the department of development director shall have the following authority, functions and duties:
1. To enforce the provisions of the Refuse Collection Code by conducting inspections and reinspections, and by issuing notices of violation whenever a premises or structure is used or maintained contrary to the provisions of this code;
2. To maintain records of inspections performed and notices/orders issued;
3. To abate public nuisances.
C. Authority.
1. The public service director shall have supervision, control and direction over matters relating to refuse collection at any premises and the power and duty to administer and enforce the provisions of this Refuse Collection Code by means of forfeitures, injunctive actions, criminal complaints, and other remedies available by law.
2. The director of the department of development shall have the control and direction over the abatement of public nuisances, and the power and duty to administer and enforce the provisions of this Refuse Collection Code by means of forfeitures, injunctive actions, criminal complaints and other remedies available by law.
3. The public service director and/or the department of development director are authorized to determine on what premises in the city there exists a public nuisance. After a determination has been made that a public nuisance which endangers the public health, safety or welfare or the health, safety or welfare of any person exists, the public service director and/or the department of development director shall have the authority to abate such nuisance in compliance with the Columbus City Codes. (Ord. 3038-97 (part); Ord. 1415-02 § 9.)

Inspection, Right of Entry, Evidence.
A. The public service director and/or the department of development director or designees in enforcing the provisions of the Refuse Collection Code are hereby authorized and directed to make inspections pursuant to procedures of inspection; or in response to a complaint that an alleged violation of the provision of this code or of applicable policies and procedures, rules or orders pursuant thereto may exist; or when the director has valid reason to believe a violation of this code or any policies and procedures, rules and orders pursuant thereto has been or is being committed.
B. Upon presentation of proper credentials, the public service director and/or the department of development director or designees are authorized, where permission is granted, to enter any dwelling, dwelling unit, multiple dwelling, business building or premises in the city of Columbus at reasonable times to perform any duty imposed on the individual by this code. If any owner of a building or premises subject to the provisions of this code fails or refuses to permit free access and entry to the dwelling, dwelling unit, multiple dwelling, business building or premises under his or her control or any part thereof, the public service director and/or the department of development director may apply to a judge of a court record, pursuant to Ohio Revised Code 2933.21(F) for a warrant of search to conduct an inspection. A warrant of search to conduct an inspection shall not be issued except upon probable cause as provided in Ohio Revised Code Section 2933.22.
C. Every occupant of a premises or structure shall give the owner or operator thereof, or keeper, agent or employee, access to any part of such structure or its premises at all reasonable times for the purposes of making such inspection, maintenance, repairs or alterations as are necessary to comply with the requirements of this code.
D. All records pertaining to the identification of a complainant shall be kept confidential, to the extent allowed by law, from the public record of inspection and notice of violation.
E. The public service director and/or the department of development director may obtain samples for evidence during inspections. (Ord. 1415-02 § 10.)

A. Issuance of Notice of Violation. Whenever the public service director and/or the department of development director determines there exists a condition that violates any provisions or requirements set forth in this Refuse Collection Code, may issue a notice setting forth the alleged violations and advising the owner that such violations must be corrected.
B. Content of Notice of Violation.
1. All notices of violation, except emergency orders, shall be in writing and shall be served on the person from whom action, forbearance or compliance is required.
2. All notices of violation shall identify the sections of the Refuse Collection Code to which the order applies.
3. All notices of violation shall provide a description of the premises where the violations are alleged to exist or to have been committed; and/or a description of the public nuisance and the premises where the said public nuisance is alleged to exist.
4. All notices of violation shall specify a reasonable time for compliance with the order.
5. All notices of violation shall advise the owner of the right to appeal.
6. All notices of violation shall advise the owner that if the order is not complied with by the specified date of compliance. The public service director and/or the department of development director may initiate a civil and/or criminal complaint against the owner; and/or the director may, by city personnel or private contractor, cause the violations to be corrected with the cost of such correction to be charged as a lien upon the real estate.
C. Service of Notice of Violation. A notice of violation shall be served upon the owner or any person from whom action, forbearance or compliance is required. Such notice shall be served by any one (1) of the following methods:
1. Personal service; or
2. Certified mail; or
3. Residence service; or
4. Publication in a newspaper of general circulation in the county; or
5. Regular mail service to an address that is reasonably believed to be:
a. A place of residence of the owner, or
b. A location at which the owner regularly receives mail; or
6. Posting the notice of violation on the property, except that if a structure or premise is vacant, then the notice shall be posted on the structure or premise and one (1) of the above methods of service shall also be used.
D. When the notice of violation has been properly serviced, the order shall be effective as to anyone having any interest in the premises whether recorded or not at the time the order was issued, and shall be effective against any subsequent owner of the premises as long as the violation exists and there remains a city record of the order in a public file maintained by the director.
E. Written or oral acknowledgment by the owner of receipt of a notice of violation shall be evidence that the owner received the notice of violation. An appeal of the notice of violation by the owner pursuant to Section 1303.10 shall constitute evidence of written acknowledgment by the owner of service of notice of violation. (Ord. 1415-02 § 11.)

A. Whenever the public service director and/or the department of development director finds that an emergency exists which requires immediate action to protect the health and safety of any person, either director may issue an oral or written order reciting the existence of such an emergency and requiring that such action as that director deems necessary be taken to meet the emergency. Notwithstanding the other provisions of this code, such order shall be effective immediately and complied with immediately.
B. If necessary to protect the health and safety of any person where an emergency exists in an occupied building, the public service director and/or the department of development director shall order that the premises be vacated forthwith and further that it shall not be reoccupied until the conditions causing the emergency to exist have been abated and approved by the appropriate director.
C. In cases where it reasonably appears that there is imminent danger to the health and safety of any person unless the emergency condition is immediately corrected and if after reasonable attempts to notify the owner it appears that the owner will not or cannot immediately correct the condition, the director may cause the immediate abatement including building demolition of such emergency condition. The public service director and/or the department of development director shall further cause the cost of such abatement to be charged against the land on which the building exists as a municipal lien or to be recovered in a civil suit against the owner.
D. The owner shall, upon request pursuant to Section 1303.10, be granted a hearing before the property maintenance appeals board on the matter. Such request for appeal shall not stay the requirement for compliance. (Ord. 1415-02 § 12.)

Whenever, upon inspection the public service director and/or the department of development director determine there are reasonable grounds to believe that there is a violation of this Refuse Collection Code resulting in the existence of an actual or eminent threat of a public nuisance, or when notices issued pursuant to this code or other notice sections of city codes do not alleviate such an actual or eminent threat of a public nuisance or condition, the public service director and/or the department of development director may:
A. Cause the acceptable waste or unacceptable waste to be removed from any premises and may employ the necessary labor to perform the task; and/or
B. Cause the correction or abatement of any condition which violates any section of the Refuse Collection Code in regards to the sanitary maintenance of premises and the control and abatement of public nuisances and may employ the necessary labor to perform the task; and/or
C. Cause appropriate legal action to recover costs against the owner and/ or premises where the work pursuant to division (A) and (B) was required. Costs incurred in the performance of work may be charged as a municipal lien, or recovered in a civil suit against the owner; and/or
D. Cause to be filed a civil complaint for injunctive relief seeking abatement of the public nuisance in a court of jurisdiction. The procedures to be followed will be pursuant to the Ohio Rules of Civil Procedure; and/or
E. Cause to be filed a criminal complaint in a court of competent jurisdiction. (Ord. 1415-02 § 14.)

A. Purpose of the Board. The purpose of the board is to hear matters pertaining to appeals to the granting of variances. The board shall conduct regularly scheduled meetings on the fourth Thursday of every month at a time and location to be determined by the board. A regular meeting may be omitted or rescheduled by a majority vote of the board members. The board shall have the authority to take appeals pertaining to the granting of variances and deny, uphold, or otherwise modify or waive actions or requirements on a case-by-case basis. The board shall use the criterion set forth in Section 1303.03 (A) of Title 13 of the Columbus City Code when making decisions.
B. The Board. The mayor shall appoint an appeals board consisting of five (5) members. These appointments must be approved by city council. The board members shall be as follows: one (1) member from the city of Columbus public service department, one (1) member from the city of Columbus health department, one (1) member from the city of Columbus department of development, one (1) member from the apartment or condominium industry, and one (1) member from the community at large. The term for each board member shall be three (3) years.
C. Right to Appeal. The public service director or the refuse collection division administrator shall send written notice of a final decision or action to the party involved in the decision. Such notice shall be in writing and sent certified mail. If the certified mail is returned, notice may be served by regular mail or by posting the property of the party involved. Any notice served shall automatically become an order if a written petition for appeal is not filed in the public service director’s office twenty (20) calendar days after the notice is served. Notice shall be considered served the date that certified or regular mail is sent to the party or the date that notice is posted on the property of the party.
Any person adversely affected or his duly authorized representative or agent who wishes to appeal a final decision or action made by the public service director or the refuse collection division administrator may file a petition for appeal within twenty (20) calendar days of the public service director’s or refuse collection division administrator’s final decision or action. Said filing shall be made at the public service director’s office. The petition for appeal shall contain the name, address, telephone number of the appellant, the filing date, and a statement of the intent to appeal. Any pertinent documentation should be attached to the petition for appeal.
D. Appeal Hearing. The board shall conduct an adjudication hearing within forty-five (45) calendar days of the receipt of the petition for appeal. The board shall notify the appellant or his duly authorized representative or agent of the date, time, and place of the appeal hearing in writing at least fourteen (14) calendar days prior to the scheduled appeal hearing. All parties will have the right to appear and be heard in person by, or with the assistance of, legal counsel, provided such counsel is licensed to practice law in the state of Ohio. All parties have the right to present evidence and witnesses, cross-examine adverse witnesses, proffer evidence into the record if its admission has been denied, and request the sequestering of witnesses.
All appeals will be conducted based on evidence provided by the parties that is relevant to the case. The board is not limited by the Ohio Rules of Evidence when ruling on the admissibility of evidence. The evidence shall be marked as it is presented by the parties. All testimony shall be given under oath with the chairperson administering the oath.
Any documents needed by the appellant will be available for inspection or duplication within a reasonable time of receipt by the refuse collection division administrator’s office of a written request from the appellant requesting documents held by the division. If deemed necessary, there may be a fee assessed on the actual cost of copying. The board shall have the power to subpoena and require both the attendance of witnesses and the production of documents.
The appellant shall have the burden of proof that the decision or action of the public service director or the refuse collection division administrator should be modified or disaffirmed. The standard of proof is a preponderance of the evidence.
E. Decisions. The board shall render a decision in writing within thirty (30) calendar days after the conclusion of the appeal. A copy of the decision shall be sent to the appellant and his duly authorized representative or agent. An indexed record of the appeal shall be maintained for no less than sixty (60) calendar days from the date of the board’s final decision. The record may be made by stenographic means or by the use of audio electronic recording devices. The board may decide or dismiss an appeal in the absence of the appellant or his authorized representative if proper notice of the hearing was given and no request to continue the hearing was made or granted in advance of the hearing. The decision by the board is final. Appeals from the board’s decision may be appealed to the Franklin County Municipal Court Environmental Division. (Ord. 1415-02 § 15.)

Any person who is the subject of a notice of violation regarding a public nuisance in connection with this Refuse Collection Code, or any rule or regulation, or policy and procedure adopted pursuant thereto relating to the abatement of public nuisances and not to the administration of matters relating to refuse collection, may request and shall be granted a hearing before the property maintenance appeals board on all matters set forth in such notice of violation. Appeals of any notice of violation for an alleged violation of this Refuse Collection Code shall be made in writing to the department of development within fifteen (15) calendar days of the date of service of the notice of violation. This petition shall be limited to the notice which has been issued and shall set forth the factual reasons why a particular violation or violations is being appealed. Upon the receipt of such petition, the development department director, acting as secretary to the board, shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given opportunity to be heard and to show why such notice of violation relating to the finding of facts regarding the public nuisance should be modified or withdrawn. The scope of the board’s authority shall be limited to a review of the notice of violation to determine whether the notice of violation is supported by substantial, reliable, probative evidence, and shall not permit or allow any use or requirement not otherwise permitted. Subsequent requests for variances from the requirements of this code shall be determined as prescribed. The board may postpone the date of hearing for a reasonable time if in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
The board shall be constructed, action of the board completed, and notification of the petitioner made pursuant to Columbus City Code Chapters 4505 and 4509. (Ord. 1415-02 § 16.)

[total calculated floor area - (#d.u. × 300)]	=	minimum cubic yard capacity required
1000