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HomeMy WebLinkAbout1961-259 ORDINANCE NO, AN ORDINANCE amending Sections 10, 11, 13, 14 and 18 of Ordinance Wo. B " -1523 entitled A, 0 RDINANCE relating to public health and sanitatien; providing for and regulating the collectiOn and disposal of garbage, refuse and dead animals in the City of Yakima; regulating the operation of the City Dump and collection service; creating a special fund and pro- viding for the payment of monies into said fund; penalties for the violation hereof; and repealing Ordinance No. B-1511 and all other ordinances and parts of ordinances in conflict herewith;" as amended by Ordinance Fos. B-1876 and B-2026 (Sections 4,16.140; .150; .170; .180; and .220 of City of Yakima Municipal Oode)p and declaring an emer- gency. BE IT ORDAINED BY THE CITY OF YAK1MAg Sectionl, That Sub-Sections (c) and (d) of Section 10 of Ordinance No B-1523, as amended by Ordinance Fes. B-1876 and B-2028 (Sub-Sections (c) and (d) of Section 4.16.140 of the City of Yakima Municipal Code) are hereby amended to read as follows "Sectien 10. (4.16.140) CLASSIFICATION OF PREMISES—CHARGES. • (c) The collection of all refuse in the Residential Classie fication 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 to-wit (1) There is hereby imposed for garbage and refuse collection in the Residential Classification the following charges for each residential unit carried under the same account number and street address as for water department metered services to-witt Basic 1 can residential service at alley or curb $1,25 per month Extra charge for second can at alley or curb .35 per month Each additional can at alley or curb over 2 cans .30 per month Carry-out service charge per can .25 per month The "carry-out service charge" shall apply to cans placed for collection more than 25 feet. but less than 100 feet from the curb or alley from which collection is made. No can shall be collected if placed more than 100 feet from the curb or alley from which collection is made, . . , '', . . • . .---, " . - -(2) Where gar'hage and refuse collection'aervi.ce is . . performed for apartments or muJtiille housing units wherein all of theunits are earriedunder the same account number and street address as for water department metered services and the garbage II' oans.are all centrally.located in one place the basic oneHcan residential•servtce charge set forth . i.iri Sub-Paragraph (I) above Shall be modified as -follows to-wit: .' 17 residontJal unit • $1.25 per month • SecOnd residential unit 1.00 per month ' - Third residential unit.. .-75 per moth • • 'Bach additional residential unit .50 per month . . The above-listed oharge6 shall b based on the tetal nuthber of' • residential units tbat can -be used for house pur and no discount shall be allowed for vacancies. . . . . . . - • • • . „. . . . - (3) All of the charges for garbage and refuse-collee- .. tion provided•in Sub-Paragraphs (1) and (2) el.boe shall'be paid- bi-monthIy to the City Treasurer of the. Oity of Yakima.- The basic one can residential service charge •sl.all be paid in advance beginning on July 1, 1961. AlI other charges shall be billed on tbe ftrst. 'of the month following the collection of uob ga70.bage. and refuse„ There is hereby imposed a- further charge of LSO er - billing Nhich shall be added to all delin'quent. accounts.. . Accounts shall become delinqtent if not paid on or 'before the 10t day following the date of billing. . . : . - . . . () The charges hereinabove provided may be $uspended l, - by the :City of Yakima upon 30 days or more advance noe:in '••• writing to the Sanitation Department of an .intention to, vacate .• • any preMiess, Collection service will net be resumed: until, notice to said depaTtment prior to the resumption of occupancy . of any Such vacated promises. , Application for service shall .• he made at the office of the Sanitation Department upon printed . forme to be provided by the department and shall . contain the . • vane 01: the person garbage collection•service the - street address of the property and the number of units to be served. . . _ . • . . (5) Co1leetio=1 service may he suspended for non- • paymmxt but such suspansion:shallDot relieve-the- person oving account from the duty of complying with the provisi6ns of this ordinance or other ordinances pertaining to -garbage .refuse or sackitw:tion. Such suspensior.of.seTvice shall - render . .the premises where such collection 'service is suspended .- sub;lect to condemnation :for lack Of sanitary requirements and -,- • . • the - owner: i or n charge or in possession of said preMises shalibe-subect to prosecution for maintaining a nuisaree' ' - -- •• thereon,. • • .- . • . • . • - -. „, :',..-.,..„.(-, _ .... „... (6) UPen•failure to pay such charges and upon de iinquency,„-:the. amount thereof shall become a lien af-1 the property from -whic1 the garbage, collection service shall :have • - been' 'rendered Such lien S.harJ be made eff:ective iling a by f . „, : 411 notice theeof specify/71g the charges, the period covered by • . . • • . . . _ • • .. . . , _ . _ • • . . . . . • -2- • . - . _ ._,„ • 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 • 110 foreclosing liens for labor .: ma Such lien shall be prior to any and all other liens and encumbrances filed sub sequent 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 Residential Classification of refuse collection shall include the collection of all refuse up to two cubic yards per month from private residences in the City of Yakima, and from all flats, duplexeo and apartment houses except as here inabove provided but which shall not include trees or larg4 limbs. Branches and shrubbery trimmings must be securely tied in bundles not to exceed two feet in diameter or three feet in length and placed in a location that is accessible to the col- lectors; (i.e where there are no alleys, this material must be placed in front of the property at the curb, and where there are alleys, such material shall be kept on private property in an accessible location to such alley, without hindering or interfering with the normal traffic in the alley). Brush and trimmings must not be placed against any building or fence so as to constitute a fire hazard® City service does not include the collection of discarded fruit fro trees, nor rubbish or debris of any kind except in minor quantities, resulting from construction, alterations, demolition, remodeling or lan scaping of any property, Grass, rakings and rubbish must be in non porous containers® The collection of all refuse in excess of two cubic yards • per month per private residence or apartment unit shall be at the rate of 87.50 per hour." Stction 2. That Section 11 of Ordinance No. B-1523 (4.16.150) is hereby amended to read as follows "Section 11. (4.16.150) DISPOSAL OF GARBAGE AND REFUSE BY PRIVATE CITIZENS. • It shall be the duty of every person occupying any rasi- dential premises in the City of Yakima falling within the Residential Classification to cause all garbage to be removed and disposed of by the City of Yakima Sanitation Department • in accordance with the provisions of this ordinance, No garbage shall be collected or disposed of by other than said Sanitation Department or by a licensed collector; provided, • however, that nothing in this ordinance shall prevent a per- son from hauling refuse accumulation from his own premises to the City Sanitary Land Fill during such time that said City Sanitary Land Fill is open to the public." Section 3. That Section 13 of Ordinance No. B-1523 (4.16.170) is hereby amended to read as follows: -3- "Section 13. (4.16.170) COLLECTION OF GARBAGE fl RESIDENTIAL DISTRICT—REGULATIONS, There are hereby established the following rules and regu- 411 lations pertaining to receptacles, preparation, and are of garbage by Property owners or persons in control in the ReSi- . dential District: (a) The owner or person in charge of or in passessiOn of any'dWelling, flat, duplex, 'or apartment house in the Residential District shall at all times keep or cause to be kept portable metal for the disposal therein of garbage and refuse and shall deposit or cause to be deposited therein such garbage and refuse,. • (b) It shall be the duty of the owner or person in control of anY'dwelling, fiat v duplex,' or apartment house, to furnish to and to see that his tenants are supplied with such cans as provided in this chapter. (c) Such cans shall be watertight, in good construction with no major dents, of not less than twenty (20) and not more than tWenty-five (25) gallons capacity, shall have a handle at each side thereof, and tight fitting metal lids. Such lids shall beremoved on7Ly when necessary to place garbage and refuse in Such cans, or to take same therefrom. Such cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing matter® In in- stances where there are small amounts of garbage and refuse garbage cans of ten (10) gailone capacity may be used The roeS: weight of any can when full shall not exceed seventy-five (75) - pounds - (d) No garbage or refuse cans shall be kept or stored on any public alley or street in the Residential class, In-blocis in Which there are alleys 'such garbage cans shall be kept on private prOperty in a convenient and accessible location to Such alley. In blocks in which there are no alleys, such receptacles shall .be placed on private property in such location as not to exceed One-hundred (100) feet from the street and without inter- fering With the convenient, sightly, and sanitary enjoyment bUchaprivatp,property. (6) The owner or person in charge of such dwelling, flat duplex or apartment house shall maintain the place where said garbage cans are located in a clean and sanitary condition, and shall at :all times prevent said cans from being upset or spilled by dcgs or any sources whatsoeve, Such can shall be so secured as to render the :Cans inaccessible to marauding animals . ashes, clinkers, bottles, metal scraps, tin c.ns and be placed in the same can that is used for wraPped-or.prepared garbage. Grass Clippings, rakings, leaves and , rubbish-thatais not of a putrescent nature may be placed in • an open container, such as a wash tub or carton.: (g) All garbage, before deposit in the container as here- inbefere provided for shall be wrapped in paper or other material -4- in such manner as to prevent as nearly as possible moisture from such garbage from coming in contact with the sides or bottom of the metal contni nerd • (h) It shall be the duty of every person in possession charge or control of any dead animal or of any premises on which the same may be located to cause the same to be removed and dis- posed of. No person in charge of such premises shall suffer, permit or allow such antral to remain thereon for a period longer than twenty -four hours, A charge shall be made by the city for the removal of such animals as follows® For cat dog or other small animal, Fifty Cents (500)0 (i) All such cans shall be placed in such a position that . no employee or collector of the Sanitation. Department of the City of Yakima shall be required to open any gate or door or obstruc- tion of any kind in order to obtain access to the same; pravided however that such employee or collector may open the door or gate ' "to an enclosure which is specifically designed and used solely for the keeping of such garbage cans. (1) All animal excreta as set out for collection shall be placed in a separate tight disposable container and shall not be co-mingled with any other garbage or refuse." Section 4m That Section 14 of Ordinance Noe B-1523 (4.16.180) is hereby amended to read as follows: • "Section 140 (4.16.180. COLLECTION OF GARBAGE IN BUSINESS CLASS -- REGULATIONS There are hereby established the following rules and regu- lations pertaining to the collection of garbage refuse or debris in the business classification: (a). No person shall collect any garbage refuse or debris in the Business Classification without first having obtained from the City of Yakima a license therefor. (b) The fee for such license shall be the sum of Seventy- five Dollars ($75,00) per year which shall entitle the collector to one truck and Fifty Dollars ($50GOO) per year for each addi- tional truck used. (0) Applications for such license shall be made to the City Clerk upon forms to be provided by the city® Such license shall be issued for each individual truck used and shall include make year type, model and truck number. Said truck number shall be plainly marked on doors and tailgate of each truck. City license for each individual truck shall be carried on the vehicle at all tines. No license shall be granted unless the applicant therefor shall comply with the following requirements • (1) Applicant shall furnish a bond in the sum of :Five Thousand Dollars ($5 ; 000.00) with good and sufficient sureties to be approved by the City Clerk conditioned upon -5 the faithful compliance by applicant with the provisions of this ordinance. (2) All trucks of applicant shall be of the "dump" 411 type and beds thereof must be of metal construction and com- pletely watertight. Truck beds must be kept clean and free of any accumulation of garbage or other refuse. (3) Applicant must have each truck manned by at least two able-bodied men in Fire Zone No 1 to the end that loading or unloading may be accomplished in the quickest possi- ble time. (d) All licensed collectors in said Business Class after loading trucks 1 must leave all alleys and streets in a clean and sanitary condition. Such collectors shall not permit any material to be dropped or spilled from said trucks in or upon any of the public ways of the City of Yakima. (e) The charge for such collection in the Business Class shall be paid by the owner or person in charge of the place from which such garbage or refuse shall be removed. Such charge shall be as agreed upon between such person and such collector. Such collector shall furnish to the City of Yakima semi-annually, a list of all of his accounts and the frequency of collection thereof. (f) The owner or person in control or charge of each building in the Business Class shall maintain upon his premises metallic cans of the same type as provided in Section 13 pars- • graph (e) hereof for the deposit therein of all garbage and refuse. At the option of such person trash only may be kept on the premises in any suitable receptacle capable of ready handling. Upon permit first being obtained therefor from the City Fire Department such person may maintain in the alley bac.c of such premises an all-metal box with tight fitting lid for the deposit therein of trash only© Such metal boxe,I. shall be constructed and placed as directed by the Fire Department. Lids thereof must be kept closed at all times except while refuse is being placed therein or removed therefrom by the licensed collector. (g) A11 licensed collectors unless otherwise directed by the Superintendent of Sanitation, shall deliver all garbage and refuse to the City Sanitary Land Fill. (h) The City Sanitary Land Fill shall be open five days per week city holidays excepted, for the dumping of garbage and refuse by the licensed collector in the Business Classifi- cation. Such licensed collector shall pay the city a dumping charge for such service of Eight Thousand Dollars (88,000.00) per year said charges to be paid to the City Treasurer an a quarterly basis. In the event of an emergency requiring dumping at the City Sanitary Land Fill on Saturday the licensed collec- tor shall give the Sanitation Department not less than 20 hours • notice, and in such event said licensed collector shall pay thv City Treasurer for the keeping of said City Sanitary Land P111 -6- L G 1 open on Saturday at the rate of $10.00 per hour; provided, how- ever, that the minimum charge shall be $40.00 for each said days • (i) In addition to the other penalties provided herein, upon violation of any of the terms of this ordinance, such license may be revoked, upon opportunity first being provided said licensee to appear before the City Council and show cause why such action should not be taken." Section 5. That Section 18 of Ordinance No B- 1523 is hereby amended to read as follows: "Section 18. (41622O) OPERATION OF CITY SANITARY LAND FILL--FEES. The Sanitary Land Fill method shall be the official method of disposing of garbage and refuse in the City of Yakima. No person, other than the Sanitation Department of the City of Yakima or licensed collectors, shall deposit material at the City Sanitary Land Fill without paying the following fees, to- wit: Truck loads, 1 to 5 cubic yards $1.00 per cubic yard with a maximum of 82.00 per load. Truck loads, over 5 cubic yards Subject to negotiation. • Dead cat, dog, or other small animal $ .25 Dead horse, cow, or other large animal $3.00 For refuse brought in a private car, with or without a trailer, or pickup truck from the driver's residence, there will be no charge. Section 6. This ordinance is one to provide for the immediate preservation of the public peace, property, health and safety of the people of the City of Yakima, and an emergency is hereby declared to exists and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this - day of June, 1961. 111 ATTEST: ayor �.._. y er. -7