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HomeMy WebLinkAbout2016-038 Refuse Rates and Related Levels of Service; YMC Amendment 4.16.140 and 4.16.150AN ORDINANCE ORDINANCE NO. 2016-038 relating to health and sanitation; revising various refuse rates, fees and charges; adjusting various refuse rates, fees and charges; and amending Sections 4.16.140; and 4.16.150 of the Yakima Municipal Code accordingly. WHEREAS, the City Council determines that it is in the best interests of the residents of the City that ordinances related to refuse fees, charges and related matters be amended as set forth in this Ordinance; and WHEREAS, the City Council determines that the rates, fees and charges contained in this Ordinance are fair, just and reasonable; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. YMC 4.16.140 is amended to read as follows: 4.16.140 Classification of premises—Charges. A. For the purpose of regulating the collection of garbage and refuse in the city of Yakima there are established two classifications: one to be known as the "residential classification," and the other as the "business classification." The residential classification shall include all premises occupied as a single-family housekeeping unit, either in dwelling houses, apartments, or other multiple residences. "Residential unit," as used herein, is defined as a unit in which all persons reside together as a single family, whether in single or multiple dwellings. The business classification shall include all other premises. Provided, property owned by the city may be served by city equipment and crews independently of the classifications and rates established by this chapter; provided further, the rules and regulations established by this chapter pertaining to receptacles and to the preparation, storage, and collection of garbage, refuse and debris shall be applicable to all property within the city, including that owned by the city. B. The collection of all refuse in the business classification shall be made only by licensed collectors, hereinafter provided for, at rates to be set by the Washington Utilities and Transportation Commission. C. The collection of all refuse in the residential classification shall be conducted by the city of Yakima equipment and personnel and financed by garbage and refuse collection fees hereinafter set forth. The city of Yakima shall not collect refuse from apartments or multiple units in excess of four units except upon the request of the owner or operator thereof. The following collection fees and practices shall apply for all garbage collection services conducted by the city of Yakima. 1. There are hereby imposed for refuse collection in the residential classification the following charges for each single-family dwelling and for each residential unit in any multiple dwelling: Type of Residential Refuse Collection Service At Curb or Alley Average Monthly Charge Effective Jan8,2017 Average Monthly Charge Effective Jan 1,2018 Average Monthly Charge Effective Jan 1,2019 Average Monthly Charge Effective Jan 1,2020 Each 32 -gallon cart $17.15 $17.60 $18.05 $18.50 Each 96 -gallon cart $19.60 $20.10 $20.60 $21.10 Carry -Out Collection Each 32 -gallon cart $31.20 $32.00 $32.83 $33.65 Each 96 -gallon cart Overfill Fee $33.35 $2.70 $34.22 $2.77 $35.11 $35.99 $2.84 $2.91 Call Back Charge $13.83 $14.19 $1.94 $14.55 $2.00 $14.92 $2.05 Ready to Serve Fee Weekly $1.90 Ready to Serve Fee Monthly $8.21 $8.42 $8.64 $8.86 Extra Container $2.70 $2.77 $2.84 $2.91 An overfill fee of two dollars and seventy cents ($2.70) shall be imposed each time an automated cart is filled past its visible full limit or the cart lid will not close due to overfilling. Carts filled with unacceptable material will be tagged and left at the curb. A call-back charge of thirteen dollars and eighty three cents $13.83 shall be imposed each time a customer requests refuse collection service at a time other than the regularly scheduled time. Metal bin service charges shall be as follows: Type of Residential Bin Service Average Monthly Charge Effective Jan - 8, 2017 Average Monthly Charge Effective Jan 1, 2018 Average Monthly Charge Effective Jan 1, 2019 Average Monthly Charge Effective Jan 1, 2020 2 -Yard Each bin, collected weekly $99.84 $102.44 $105.10 $107.73 Each additional bin $99.84 $102.44 $105.10 $107.73 Each additional pickup per bin $60.33 $61.90 $63.51 $65.10 4 -Yard Each bin, collected weekly $158.97 $163.10 $167.35 $171.53 Each additional bin $158.97 $163.10 $167.35 $171.53 Each additional pickup per bin $117.88 $120.95 $124.09 $127.20 6 -Yard Each bin, collected weekly $218.14 $223.82 $229.64 $235.38 Each additional bin $218.14 $223.82 $229.64 $235.38 Each additional pickup per bin $178.63 $183.28 $188.04 $192.74 An overfill fee of fourteen dollars and seventy cents $14.70 shall be imposed each time a bin is filled past its visible full limit or the bin lid will not close due to overfilling. Bins containing unacceptable material will not be collected. Service Effective Jana, 2017 Effective Jan 1, 2018 Effective Jan 1, 2019 Effective Jan 1, 2020 Temporary 2 -Yard Bin Accounts: Initial Delivery/Rental Fee $49.02 $50.29 $51.60 $52.89 Pickup Charge $12.26 $12.58 $12.91 $13.23 Daily Service Fee $0.41 $0.42 $0.43 $0.44 Temporary 4 -Yard Bin Accounts: Initial Delivery/Rental Fee $78.44 $80.48 $82.57 $84.64 Pickup Charge $19.60 $20.11 $20.63 $21.15 Daily Service Fee $0.64 $0.66 $0.68 $0.69 Temporary 6 -Yard Bin Accounts: Initial Delivery/Rental Fee $107.85 $110.65 $113.53 $116.37 Pickup Charge $26.97 $27.67 $28.39 $29.10 Daily Service Fee $1.05 $1.08 $1.10 $1.13 Overfill Fee $14.70 $15.09 $15.48 $15.87 Bin service will be considered temporary for the first two months of service and charged per day rent charges accordingly. After two consecutive months of service, users will be considered permanent. 2. In addition to the charges imposed by subsection (C)(1) of this section, a separate charge, to be known as the "yard service charge," is imposed on each residential unit that elects to receive yard material collection service from the city during the nine-month period of each year commencing March 1st and ending November 30th. Such service shall utilize one or more ninety -six-gallon carts owned and provided by the city. The yard service charges shall be as follows: Type of Residential Yard Waste Service Average Monthly Charge Effective Jana, 2017 Average Monthly Charge Effective Jan 1, 2018 Average Monthly Charge Effective Jan 1, 2019 Average Monthly Charge Effective Jan 1, 2020 Each 96 -gallon cart $15.88 $16.30 $16.72 $17.14 Each additional 96 -gallon cart $7.94 $8.15 $8.36 $8.57 Overfill (yard debris) $2.70 $2.77 $2.84 $2.91 The appropriate charge shall be billed to each residential unit that elects to receive this service at the time and as a part of the billings rendered for other city services applicable for that nine-month period. A two month minimum service level shall be established. If yard waste service is cancelled mid-season accompanied by a cart removal request a thirteen dollar and eighty three cent $13.83 call back fee shall be imposed. A call-back charge of thirteen dollar and eighty three cent $13.83 shall be imposed each time a customer requests yard material collection service at a time other than the regularly scheduled time. Yard waste containers shall only contain vegetation material such as grass clippings and plant trimmings including woody material less than four inches in diameter. Dirt, construction and demotion debris, tree branches more than four inches in diameter, or rubble is not allowed in yard waste containers. Yard waste containers filled with non - vegetation material will be tagged and left at the curb. Failure to use this container as described will result in an additional refuse container fee added to the utility bill. 3. All of the charges for garbage and refuse collection provided in subsections (C)(1) and (C)(2) of this section shall be billed for and paid at the same time and for the same period as billings and payments are made for other city utility services; or, in the event a customer is served by the refuse division but is not served with another city utility, garbage and refuse collection charges shall be billed and paid for according to the schedule which would be applicable to such customer were he so served with another city utility service. Accounts shall become delinquent if not paid within the time specified by YMC 7.50.080 for payment of water service charges. 4. Occupied Residences. A residence shall be considered occupied until the owner or his/her authorized agent notifies the city's utility billing department that the unit is vacant. Vacancy status starts the date the owner gives proper notice or at a future date specified by the owner. A residence is considered occupied until it no longer contains residents or occupants. Upon notification to the city, the account can be placed in abeyance for a fee of $25.00, which will suspend the monthly refuse charge until a notification of occupancy is received by utility billing. The refuse containers will be picked up upon abeyance notification and returned upon renewed occupancy notification. If containers are not available for pick up, then the abeyance will be denied and monthly refuse charges will continue to be billed. Garbage and refuse collection charges will be suspended for any customer upon advance notice to the office of the division of utility accounts that a particular premises served will be unoccupied and such charges will be resumed on notice to such office to resume service. No refund of charges will be made if the resident makes application after the fact. Except as otherwise provided in subsection 5 below pertaining to snowbird accounts, no such suspension of charges for garbage and refuse collection service will be made for any premises served with any other city utility unless all city utility service to such premises are likewise suspended or placed in abeyance. Application for resumption of service to a new customer shall be made to the office of the division of utility accounts on forms provided for that purpose which shall contain the name of the customer and the street address and number of units of the premises to be served. 5. Snowbird — Owner/occupants who are planning to leave the City of Yakima for a period greater than 30 days may make application at the city utility division to have their waste collection placed in snowbird status for the time of their absence. The absence must be continuous and the request for a disruption in serve must be made prior to the resident leaving the city for an extended period. No refund of charges will be made if the resident makes application after the fact. Owner/occupant must request a resumption of service in the month of their return. If the cart is placed out for service while the account is in snowbird status, a collection fee will be assessed. Owner/occupant must request a resumption of service in the month of their return. If the cart is placed out for service while the account is in snowbird status, a collection fee will be assessed. Owner/occupant will be charged the ready to serve fee of eight dollars and twenty one cent $8.21 a month or one dollar and ninety cent $1.90 for each week that they are in snowbird status. Waste pick up may be discontinued for no more than ninety days and not less than thirty days during snowbird status. A callback fee will be assessed if a cart is requested to be removed during snowbird status. Any resident who is found abusing this policy will not be given the opportunity to availing themselves to this policy in the future. 6. Collection service may be suspended for nonpayment of accounts, but such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter or other ordinances pertaining to garbage, refuse, or sanitation. Such suspension of service shall render the premises where such collection service is suspended subject to condemnation for lack of sanitary requirements, and the owner or person in charge or in possession of said premises shall be subject to prosecution for maintaining a nuisance thereon, as well as enforcement of all other applicable laws. 7. Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property from which the garbage collection service shall have been rendered. Such lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges and giving a legal description of the premises at which the service was rendered. Such lien shall be filed with the same official and within the time and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material, and shall be superior to encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local improvement assessments, whether levied prior or subsequent thereto. D. The yard material collection service, for which the yard service charge is imposed by subsection (C)(2) of this section, shall include the weekly collection of yard material from automated ninety -six-gallon carts furnished by the city department of public works during the nine-month period for which the yard service charge is billed to any particular premises. For collection purposes, the total weight of each cart including yard material deposited therein may not exceed two hundred pounds. Yard material larger than four inches in diameter or too long to fit within a yard waste cart when covered by its lid shall not be placed in a cart for collection, but may, upon proper request, be collected as special haul material. E. In addition to the regulations adopted and charges imposed by subsections C and D of this section, further charges are imposed in the following types of service: 1. A charge of two dollars and seventy cent $2.70 , in addition to the surcharge for collecting refuse and yard material, shall be made for each extra container, bag, box or bundle of tree or shrub trimmings, collected from any particular residential premises. 2. For a special garbage pickup, actual cost shall be charged to the customer. Actual cost shall include the city's actual cost for labor, equipment rental, and landfill fees. The minimum charge for this service shall be twenty-five dollars. 3. A replacement fee respective to the cost of the bin shall be applied to the utility account if the refuse containers are damaged, misused or lost. 4. The city will clean any size residential container. Cleaning is completed off site; therefore, an agreed time will be scheduled for to pick up the containers. Charges for this service are based on an hourly rate and will be arranged at the time of the request and billed to the utility account. 5. Residents will be limited to one free cart exchange per year per household. Each exchange over the one-time exchange will be charged a call back rate of thirteen dollars and eighty three cent $13.83 . 6. A call-back charge of thirteen dollars and eighty three cent $13.83 shall be imposed when a customer fails to have a cart accessible for removal after the first attempt. 7. Request to have refuse collected on private drives not at the curbside will be assessed the carry -out fee. 8. Residential requests for call back or return by solid waste personnel to empty containers which had cars parked too close to a container; not a curbside and in street by 6:00 am; had grass, cardboard or any other obstruction preventing the flow of the refuse out of the container; or to pick up additional refuse will be charged a call back fee of thirteen dollars and eighty three cent $13.83 . Section 2. YMC 4.16.150 is amended to read as follows: 4.16.150 Disposal of garbage and refuse by private citizens - Compulsory- Base Fee. A. Service Compulsory. Every residential premises in the city falling within the residential classification shall be assessed and shall be required to pay for refuse collection services provided by the refuse and recycling division of the department of public works or its licensed collector in accordance with the provisions of this chapter. B. Base Fee. The Base Fee imposed for refuse collection in the residential classification shall be $8.21 per month for each single-family dwelling and for each residential unit in any multiple dwelling. The refuse collection service charges set forth in YMC 4.16.040(C) include the Base Fee. In the event any customer in the residential classification declines or refuses to allow the city or its licensed contractor to collect refuse, such customer shall remain liable for the Base Fee and any other applicable charges unless such garbage and refuse charges are suspended pursuant to YMC 4.16.140(C)(4). C. Disposal of Garbage and Refuse by Private Citizens. No garbage shall be collected or disposed of by other than the refuse and recycling division of the department of public works or by a licensed collector; provided that nothing in this chapter shall prevent a person from hauling refuse accumulated from that person's own premises to the sanitary landfill for disposal in accordance with regulations applicable to the sanitary landfill operation. Notwithstanding the above, the Base Fee shall be assessed by the city on every premises in the city falling within the residential classification pursuant to subsections A and B above, and paid by such resident, even when such residents elects to haul any or all refuse accumulated from that person's own premise to the sanitary landfill for disposal. Section 3. Except as amended herein, Chapter 4.16 YMC shall remain unchanged. Section 4. This ordinance shall be in full force and effect thirty (30) calendar days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 6th day of December, 2016 K -thy 1 offe r ypr ATTEST: Sonya Claar Tee, City Clerk;; ;' Publication Date: December 9, 2016 /y, /VGTON Effective Date: January 8, 2017 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 18. For Meeting of: December 6, 2016 Ordinance amending the Yakima Municipal Code, Title 4, Health and Sanitation, Chapter 4.16 Relating to 2017 Refuse Rates and Related levels of service Scott Schafer, Director of Public Works - 509-576-6411 Loretta Zammarchi, Solid Waste And Recycling Manager - 509- 576-6421 SUMMARY EXPLANATION: The attached ordinance contains revisions to Section 4.16.140 of the City of Yakima Municipal Code. In anticipation of landfill tipping fees and other operation cost increases effective January 1, 2017, this ordinance has been amended to include a 7.0% rate adjustment on residential refuse cart and bin services, extra refuse charges, and yard waste collection for 2017, 2.6% for 2018, 2.5% for 2019 and 2.5% for 2020. The increase in refuse rates is estimated to generate an additional revenue of $473,190 for 2017; allowing the Refuse Division to begin building up its reserve funds. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance BOARD/COMMITTEE RECOMMENDATION: At its November 28, 2016 study session, Council directed staff to include this increase in the 2017 proposed budget. ATTACHMENTS: Description Refuse Rate Increase Ordinance Strikeout D Refuse Rate Increase Ordinance Upload Date 11/28/2016 11/28;2016 Type Cover Memo Cover Memo AN ORDINANCE ORDINANCE NO. 201 6 relating to health and sanitation; revising various refuse rates, fees and charges; adjusting various refuse rates, fees and charges; and amending Sections 4.16.140; and 4.16.150 of the Yakima Municipal Code accordingly. WHEREAS, the City Council determines that it is in the best interests of the residents of the City that ordinances related to refuse fees, charges and related matters be amended as set forth in this Ordinance; and WHEREAS, the City Council determines that the rates, fees and charges contained in this Ordinance are fair, just and reasonable; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 41. YMC 4.16.140 is amended to read as follows: 4.16.140 Classification of premises—Charges. A. For the purpose of regulating the collection of garbage and refuse in the city of Yakima there are established two classifications: one to be known as the "residential classification," and the other as the "business classification." The residential classification shall include all premises occupied as a single-family housekeeping unit, either in dwelling houses, apartments, or other multiple residences. "Residential unit," as used herein, is defined as a unit in which all persons reside together as a single family, whether in single or multiple dwellings. The business classification shall include all other premises. Provided, property owned by the city may be served by city equipment and crews independently of the classifications and rates established by this chapter; provided further, the rules and regulations established by this chapter pertaining to receptacles and to the preparation, storage, and collection of garbage, refuse and debris shall be applicable to all property within the city, including that owned by the city. B. The collection of all refuse in the business classification shall be made only by licensed collectors, hereinafter provided for, at rates to be set by the Washington Utilities and Transportation Commission. C. The collection of all refuse in the residential classification shall be conducted by the city of Yakima equipment and personnel and financed by garbage and refuse collection fees hereinafter set forth. The city of Yakima shall not collect refuse from apartments or multiple units in excess of four units except upon the request of the owner or operator thereof. The following collection fees and practices shall apply for all garbage collection services conducted by the city of Yakima. 1. There are hereby imposed for refuse collection in the residential classification the following charges for each single-family dwelling and for each residential unit in any multiple dwelling: r Type of Residential Refuse Collection Service Average Monthly Charge Effective Average Average Average Monthly Monthly Monthly Charge Charge Charge Effective Effective Effective Jan -8, 2017 Jan 1, 2018 Jan 1, 2019 Jan 1, 2020 At Curb or Alley Each 32 -gallon cart $17.1516.02 $17.60 $18.05 $18.50 Each 96 -gallon cart $19.6018.32 $20.10 $20.60 $21.10 Carry -Out Collection Each 32 -gallon cart $31.2029.12 $32.00 $32.83 $33.65 Each 96 -gallon cart $33.3531.16 $34.22 $35.11 $35.99 Overfill Fee $2.70 $2.77 $2.84 $2.91 Call Back Charge $13.83 $14.19 $14.55 $14.92 Ready to Serve Fee $1.90 $1.94 $2.00 $2.05 Weekly Ready to Serve Fee $8.21 $8.42 $8.64 $8.86 Monthly Extra Container $2.70 $2.77 $2.84 $2.91 An overfill fee of two dollars and seventy - cents ($2.70) shall be imposed each time an automated cart is filled past its visible full limit or the cart lid will not close due to overfilling. Carts filled with unacceptable material will be tagged and left at the curb. A call-back charge of thirteen dollars and eighty three cents $13.83 twelve dollars and ninety shall be imposed each time a customer requests refuse collection service at a time other than the regularly scheduled time. Metal bin service charges shall be as follows: Type of Residential Bin Service Average Monthly Charge_ Effective Jan Average Average Average Monthly Monthly Monthly Charge Charge Charge Effective Effective Effective -8, 2017 Jan 1, Jan 1, Jan 1, $52.89 2018 2019 2020 2 -Yard $12.91 $13.23 Daily Service Fee $0.410.38 Each bin, collected weekly $99.8493.22 $102.44 $105.10 $107.73 Each additional bin $99.8493.22 $102.44 $105.10 $107.73 $80.48 Each additional pickup per bin $60.3356.33 $61.90 $63.51 $65.10 4 -Yard $20.63 $21.15 Daily Service Fee $0.640:-60 Each bin, collected weekly $158.971,18.13 $163.10 $167.35 $171.53 Each additional bin $158.971'18.'13 $163.10 $167.35 $171.53 Each additional pickup per bin $117.88110.07 $120.95 $124.09 $127.20 6 -Yard Pickup Charge $26.9725.18 $27.67 Each bin, collected weekly $218.14203.68 $223.82 $229.64 $235.38 Each additional bin $218.14203.68 $223.82 $229.64 $235.38 Each additional pickup per bin $178.63166.79 $183.28 $188.04 $192.74 An overfill fee of fourteen dollars and seventy cents $14.70 thirteen dollars and seventy thrcc shall be imposed each time a bin is filled past its visible full limit or the bin lid will not close due to overfilling. Bins containing unacceptable material will not be collected. Service Effective Jan- Effective Effective Effective 8, 2017 Jan 1, 2018 Jan 1, 2019 Jan 1, 2020 Temporary 2 -Yard Bin Accounts: Initial Delivery/Rental Fee $49.02'15.77 $50.29 $51.60 $52.89 Pickup Charge $12.2611.'15 $12.58 $12.91 $13.23 Daily Service Fee $0.410.38 $0.42 $0.43 $0.44 Temporary 4 -Yard Bin Accounts: Initial Delivery/Rental Fee $78.4473.2'1 $80.48 $82.57 $84.64 Pickup Charge $19.6018.30 $20.11 $20.63 $21.15 Daily Service Fee $0.640:-60 $0.66 $0.68 $0.69 Temporary 6 -Yard Bin Accounts: Initial Delivery/Rental Fee $107.85400- ' $113.53 $116.37 7-0$110.65 Pickup Charge $26.9725.18 $27.67 $28.39 $29.10 Daily Service Fee $1.050-96 $1.08 $1.10 $1.13 Overfill Fee $14.70 $15.09 $15.48 $15.87 Bin service will be considered temporary for the first two months of service and charged per day rent charges accordingly. After two consecutive months of service, users will be considered permanent. 2. In addition to the charges imposed by subsection (C)(1) of this section, a separate charge, to be known as the "yard service charge," is imposed on each residential unit that elects to receive yard material collection service from the city during the nine-month period of each year commencing March 1st and ending November 30th. Such service shall utilize one or more ninety -six-gallon carts owned and provided by the city. The yard service charges shall be as follows: Type of Residential Yard Waste Service Average Monthly Charge_ Effective Average Average Average Monthly Monthly Monthly Charge Charge Charge Effective Effective Effective Jan -8, 2017 Jan 1, 2018 Jan 1, 2019 Jan 1, 2020 Each 96 -gallon cart $15.881'1.82 $16.30 $16.72 $17.14 Each additional 96 -gallon cart $7.947--44 $8.15 $8.36 $8.57 Overfill (yard debris) $2.70 $2.77 $2.84 $2.91 The appropriate charge shall be billed to each residential unit that elects to receive this service at the time and as a part of the billings rendered for other city services applicable for that nine-month period. A two month minimum service level shall be established. If yard waste service is cancelled mid-season accompanied by a cart removal request a thirteen dollar and eighty three cent $13.83 twelve dollar and ninety cents call back fee shall be imposed. A call-back charge of thirteen dollar and eighty three cent $13.83 twelve dollars and ninety cents shall be imposed each time a customer requests yard material collection service at a time other than the regularly scheduled time. Yard waste containers shall only contain vegetation material such as grass clippings and plant trimmings including woody material less than four inches in diameter. Dirt, construction and demotion debris, tree branches more than four inches in diameter, or rubble is not allowed in yard waste containers. Yard waste containers filled with non -vegetation material will be tagged and left at the curb. Failure to use this container as described will result in an additional refuse container fee added to the utility bill. 3. All of the charges for garbage and refuse collection provided in subsections (C)(1) and (C)(2) of this section shall be billed for and paid at the same time and for the same period as billings and payments are made for other city utility services; or, in the event a customer is served by the refuse division but is not served with another city utility, garbage and refuse collection charges shall be billed and paid for according to the schedule which would be applicable to such customer were he so served with another city utility service. Accounts shall become delinquent if not paid within the time specified by YMC 7.50.080 for payment of water service charges. 4. Occupied Residences. A residence shall be considered occupied until the owner or his/her authorized agent notifies the city's utility billing department that the unit is vacant. Vacancy status starts the date the owner gives proper notice or at a future date specified by the owner. A residence is considered occupied until it no longer contains residents or occupants. Upon notification to the city, the account can be placed in abeyance for a fee of $25.00, which will suspend the monthly refuse charge until a notification of occupancy is received by utility billing. The refuse containers will be picked up upon abeyance notification and returned upon renewed occupancy notification. If containers are not available for pick up, then the abeyance will be denied and monthly refuse charges will continue to be billed. Garbage and refuse collection charges will be suspended for any customer upon advance notice to the office of the division of utility accounts that a particular premises served will be unoccupied and such charges will be resumed on notice to such office to resume service. No refund of charges will be made if the resident makes application after the fact. Except as otherwise provided in subsection 5 below pertaining to snowbird accounts, no such suspension of charges for garbage and refuse collection service will be made for any premises served with any other city utility unless all city utility service to such premises are likewise suspended or placed in abeyance. Application for resumption of service to a new customer shall be made to the office of the division of utility accounts on forms provided for that purpose which shall contain the name of the customer and the street address and number of units of the premises to be served. 5. Snowbird — Owner/occupants who are planning to leave the City of Yakima for a period greater than 30 days may make application at the city utility division to have their waste collection placed in snowbird status for the time of their absence. The absence must be continuous and the request for a disruption in serve must be made prior to the resident leaving the city for an extended period. No refund of charges will be made if the resident makes application after the fact. Owner/occupant must request a resumption of service in the month of their return. If the cart is placed out for service while the account is in snowbird status, a collection fee will be assessed. Owner/occupant must request a resumption of service in the month of their return. If the cart is placed out for service while the account is in snowbird status, a collection fee will be assessed. Owner/occupant will be charged the ready to serve fee of eight dollars and twenty one cent $8.21 seven dollars and twenty two ccnts a month or one dollar and ninety cent $1.90 e - - for each week that they are in snowbird status. Waste pick up may be discontinued for no more than ninety days and not less than thirty days during snowbird status. A callback fee will be assessed if a cart is requested to be removed during snowbird status. Any resident who is found abusing this policy will not be given the opportunity to availing themselves to this policy in the future. 6. Collection service may be suspended for nonpayment of accounts, but such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter or other ordinances pertaining to garbage, refuse, or sanitation. Such suspension of service shall render the premises where such collection service is suspended subject to condemnation for lack of sanitary requirements, and the owner or person in charge or in possession of said premises shall be subject to prosecution for maintaining a nuisance thereon, as well as enforcement of all other applicable laws. 7. Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property from which the garbage collection service shall have been rendered. Such lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges and giving a legal description of the premises at which the service was rendered. Such lien shall be filed with the same official and within the time and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material, and shall be superior to encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local improvement assessments, whether levied prior or subsequent thereto. D. The yard material collection service, for which the yard service charge is imposed by subsection (C)(2) of this section, shall include the weekly collection of yard material from automated ninety -six-gallon carts furnished by the city department of public works during the nine-month period for which the yard service charge is billed to any particular premises. For collection purposes, the total weight of each cart including yard material deposited therein may not exceed two hundred pounds. Yard material larger than four inches in diameter or too long to fit within a yard waste cart when covered by its lid shall not be placed in a cart for collection, but may, upon proper request, be collected as special haul material. E. In addition to the regulations adopted and charges imposed by subsections C and D of this section, further charges are imposed in the following types of service: 1. A charge of two dollars and seventy cent $2.70 two dollars and fifty one ccnts, in addition to the surcharge for collecting refuse and yard material, shall be made for each extra container, bag, box or bundle of tree or shrub trimmings, collected from any particular residential premises. 2. For a special garbage pickup, actual cost shall be charged to the customer. Actual cost shall include the city's actual cost for labor, equipment rental, and landfill fees. The minimum charge for this service shall be twenty-five dollars. 3. A replacement fee respective to the cost of the bin shall be applied to the utility account if the refuse containers are damaged, misused or lost. 4. The city will clean any size residential container. Cleaning is completed off site; therefore, an agreed time will be scheduled for to pick up the containers. Charges for this service are based on an hourly rate and will be arranged at the time of the request and billed to the utility account. 5. Residents will be limited to one free cart exchange per year per household. Each exchange over the one-time exchange will be charged a call back rate of thirteen dollars and eighty three cent $13.83 twelve dollars and nincty ccnts. 6. A call-back charge of thirteen dollars and eighty three cent $13.83 twelve dollars and ninety cents shall be imposed when a customer fails to have a cart accessible for removal after the first attempt. 7. Request to have refuse collected on private drives not at the curbside will be assessed the carry -out fee. 8. Residential requests for call back or return by solid waste personnel to empty containers which had cars parked too close to a container; not a curbside and in street by 6:00 am; had grass, cardboard or any other obstruction preventing the flow of the refuse out of the container; or to pick up additional refuse will be charged a call back fee of thirteen dollars and eighty three cent $13.83 twelve dollars and nincty ccnts. Section 2. YMC 4.16.150 is amended to read as follows: 4.16.150 Disposal of garbage and refuse by private citizens - Compulsory- Base Fee. A. Service Compulsory. Every residential premises in the city falling within the residential classification shall be assessed and shall be required to pay for refuse collection services provided by the refuse and recycling division of the department of public works or its licensed collector in accordance with the provisions of this chapter. (Ord. 2013 009 § 1 (part), 2013: Ord. 96 12 § 1, 1996: Ord. 3005 § 3, 1987: Ord. 259 (part), 1961: Ord. B 1523 § 11, 1953). B. Base Fee. The Base Fee imposed for refuse collection in the residential classification shall be $8.21 7.22 per month for each single-family dwelling and for each residential unit in any multiple dwelling. The refuse collection service charges set forth in YMC 4.16.94Q -040(C1 include the Base Fee. In the event any customer in the residential classification declines or refuses to allow the city or its licensed contractor to collect refuse, such customer shall remain liable for the Base Fee and any other applicable charges unless such garbage and refuse charges are suspended pursuant to YMC 4.16.1401 CI (4). C. Disposal of Garbage and Refuse by Private Citizens. No garbage shall be collected or disposed of by other than the refuse and recycling division of the department of public works or by a licensed collector; provided that nothing in this chapter shall prevent a person from hauling refuse accumulated from that person's own premises to the sanitary landfill for disposal in accordance with regulations applicable to the sanitary landfill operation. Notwithstanding the above, the Base Fee shall be assessed by the city on every premises in the city falling within the residential classification pursuant to subsections A and B above, and paid by such resident, even when such residents elects to haul any or all refuse accumulated from that person's own premise to the sanitary landfill for disposal. Section 3. Except as amended herein, Chapter 4.16 YMC shall remain unchanged. Section 4. This ordinance shall be in full force and effect thirty (30) calendar days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 6th day of NovemberDecember, 2016 Kathy Coffey, Mayor ATTEST: Sonya Claar Tee, City Clerk Publication Date: NovemberDecember — 9 , 2016 Effective Date: Decembc January 8, , 2016 2017