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2019-049 Dumpsters Located on SidewalksDate: March 15, 2019 Report No. 2019-049 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide an overview of the Solid Waste Department’s plans to address dumpsters located on sidewalks. BACKGROUND & DISCUSSION: On December 21, 2018, the City Council received an informal staff report (ISR) regarding compromised sidewalk accessibility due to the placement of solid waste and recycling dumpsters. For several years, staff has attempted to address this issue by requesting property owners to voluntarily move their dumpsters or change to an alternative form of solid waste service such as cart collection. Those efforts were met with mixed results, and staff was asked by Council and the Public Utilities Board to consider mandatory compliance. In December, there were thirty-one (31) dumpsters in the city that were obstructing some portion of a public sidewalk. The December ISR outlined staff plans to remove the dumpsters from the sidewalks by again requesting voluntary compliance from property owners and tenants. To date, letters have been distributed to tenants and owners of these properties, and Solid Waste staff has discussed service alternatives with most of the affected customers. As of March 13, 2019, twenty-five (25) of the thirty-one (31) customers have voluntarily complied with Solid Waste’s request to either relocate their dumpster or adopt an alternative refuse/recycling container. Of the six (6) remaining customers, three (3) properties are working with staff to voluntarily comply, and we are still diligently working to make contact with one (1) customer. The two (2) remaining non-compliant properties have refused reasonable and cost neutral solutions to address the issue. In order to address the non-compliant properties, staff will be issuing a thirty (30) day notice that requires customer compliance no later than April 15, 2019. Any dumpster remaining on a sidewalk on April 16, 2019 will be collected by Solid Waste staff and a reasonable solution will be provided. Without considering other agreements and allowances that may be in place for specific locations, Section 24-68 of the Code of Ordinances permits the director of Solid Waste to locate and place containers in accordance with the waste storage needs of individual commercial, industrial and institutional facilities. Please feel free to contact me if you have additional questions or concerns. ATTACHMENT(S): Exhibit 1 – 30 Day Notice Letter Date: March 15, 2019 Report No. 2019-049 STAFF CONTACT(S): Ethan Cox Director of Solid Waste (940) 349-7421 Ethan.Cox@cityofdenton.com Solid Waste and Recycling Department 1527 S. Mayhill Rd., Denton, TX 76208  (940) 349-8080 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 March 15, 2019 [Recipient’s Name] [Title] [Company/Organization] [Address Line 1] [Address Line 2] [Address Line 3] Dear [Recipient]: The Americans with Disabilities Act (ADA) requires that sidewalks be unobstructed and accessible to all individuals with disabilities, including individuals who use wheelchairs, resulting in the need for minimum clearance and width standards to be met. Our records indicate that a dumpster assigned to your property is currently obstructing a public sidewalk. To ensure compliance with Title II of the Americans with Disabilities Act (ADA), the City of Denton’s Solid Waste Department will be removing all refuse and recycling dumpsters that are blocking public sidewalks on April 16, 2019. This letter serves as notice that your dumpster will be removed if you do not take action within the next thirty (30) days. Should your dumpster be removed, you will be provided with solid waste collection services in accordance with Section 24-68 of the Code of Ordinances which permits the director of Solid Waste to locate and place containers in accordance with the waste storage needs of the property. We ask that you contact us immediately to arrange for the relocation of your dumpster and/or select an alternative container for your City of Denton refuse and recycling collection service. You may contact me directly at 940-349-8027 or brandi.neal@cityofdenton.com. Sincerely, Brandi Neal Business Account Coordinator 2