SUBSTITUTE ORDINANCE BL2017-829

An ordinance amending Section 10.20.110.C of the Metropolitan Code of Laws to require the Department of Public Works to replace furnish, at no cost to the homeowner, government-supplied waste containers when no functional container is present on the owner’s premises at the time of purchase that are stolen, lost, or damaged beyond repair.

WHEREAS, pursuant to Section 10.20.110.C of the Metropolitan Code of Laws, the Department of Public Works of the Metropolitan Government of Nashville and Davidson County supplies homeowners with, and maintains ownership of, containers for the storage and collection of garbage and rubbish; and

WHEREAS, homeowners often store these containers at the rear of their premises, as permitted under Section 10.20.110.A, where the containers may be stolen, relocated, or damaged without the homeowners’ knowledge; and

WHEREAS, containers may not be present when owners initially purchase new homes or premises; and

WHEREAS, Section 10.20.110.C provides that government-supplied containers that are stolen, lost, or damaged beyond repair shall be replaced by the homeowner at the homeowner’s expense; and

WHEREAS, to relieve homeowners of the financial burden of container replacement, and in the interest of public health and safety, the Department of Public Works should provide, free of cost, replacement containers to homeowners whose government-supplied containers are stolen, lost, or damaged beyond repair.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 10.20.110.C of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it with the following:

Containers supplied by the metropolitan government for the storage and collection of garbage and rubbish shall remain the property of the metropolitan government. Containers supplied by the department must be used for all waste collection services provided by the department or its collection contractors. The owner of a premises shall be furnished a container, upon request to the department made within fifteen (15) days of the verified purchase of the premises, if no functional container is present on the premises at the time of purchase. The owner of a premises furnished a container by the department shall keep the container at the premises and in good repair. In the event a container originally furnished by the department is lost, stolen or damaged beyond repair, the owner shall replace, at his/her sole cost, such container with another compatible with the department's collection equipment and approved by the director. The department shall make replacement waste containers available for purchase at the department's cost. The director shall issue regulations to aid in the administration of this section.

Section 2. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Karen Johnson, Tanaka Vercher

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.