City of Ann Arbor - File #: 10-0666

• File #: 10-0666
• Version: 1
• Name: 7/6/10 Ord. Amend Section 2:12 and Section 2:12 of Chapter 26 (Solid Waste Management) of Title II of the Code of the City of Ann Arbor.
• Type: Ordinance
• Status: Passed
• File created: 7/6/2010
• In control: City Council
• On agenda: 7/19/2010
• Final action: 7/19/2010
• Enactment date: 7/6/2010
• Enactment #: ORD-10-26
• Title: An Ordinance to Amend Sections 2:12 and 2:13 of Chapter 26 (Solid Waste Management) of Title II of the Code of the City of Ann Arbor Increasing Fines, Regulating Owner Fine Charge Back to Occupants and Certain Administrative Changes (Ordinance No. ORD-10-26)
• Sponsors: Christopher Taylor, John Hieftje

Date	Ver.	Action By	Action	Result
7/19/2010	1	City Council	Held and Closed
7/19/2010	1	City Council	Adopted on Second Reading	Pass
7/6/2010	1	City Council	Approved on First Reading	Pass

Title
An Ordinance to Amend Sections 2:12 and 2:13 of Chapter 26 (Solid Waste Management) of Title II of the Code of the City of Ann Arbor Increasing Fines, Regulating Owner Fine Charge Back to Occupants and Certain Administrative Changes (Ordinance No. ORD-10-26)
Memorandum
This ordinance amendment to Code Sections 2:12 and 2:13 broadens responsibility for ensuring solid waste on a property is properly stored in solid waste containers. It extends the ‘look back’ period to determine prior offenses to encourage long-term compliance. It also corrects an existing problem where new tenants can be required by their landlords to reimburse the landlord for the higher fines incurred on tickets for second or subsequent offenses when in fact the first offense at the property was committed by previous, unrelated tenants.

The current section 2:12 consists of one section, which is labeled subsection (a) in the ordinance amendment. Community Standards officers often use this ordinance to compel the clean-up of any type of solid waste strewn about on the exterior premises of a property. Solid waste includes, but is not limited to, party-related debris, paper, cardboard, building materials, appliances, and other solid waste. The amendment only makes minor grammatical changes. Also, because officers generally issue a violation notice, which provides a time by which the owner to correct the violation and avoid a ticket, the amendment adds subsection (b) to clarify that where notice is given, failure to comply with it is an ordinance violation.

Subsections (c) and (d) of the amendment to Section 2:12 clarify that a “person” who is responsible for complying with the ordinance includes not only owners, but also landlords, tenants, agents who manage the property, occupants, etc. These sections serve to expand the set of persons liable for tickets in an effort to incentivize tenants, occupants and agents to maintain the property.

Subsection (e) limits the extent to which pro...