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Home My WebLink About1975-1881 LICENSE, IMPOSING A LICENSE FEE & TAX; RULES & REGULATIONS SET. ORDINANCE NO. ' vL o_L__ AN ORDINANCE relating to garbage collection and disposal; requiring a license, imposing a license fee and tax, and enacting rules and regulations for garbage collecting and hauling in business classification areas of the City of Yakima; • amending Section 4.16.180 of the City of Yakima Municipal Code; and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 4.16.180 of the City of Yakima Municipal Code is hereby amended to read as follows: "4.16.180 Collection of garbage in business class -- License and tax -- Regulations. A. License required. No person, association or cor- poration shall engage in the business of collecting and hauling garbage, refuse or debris within the city or in gathering the same within the city for disposal at some point or area outside of the city without obtaining a license therefor and complying with the regulations of this section. B. Application -- Fee - -Bond. Written application for the licenses or renewals thereof on forms provided by the • City Clerk shall be accompanied by payment of a yearly basic license fee of ten dollars, payable on or before January 1 of each year. The term of the license shall commence on January 1 of each year. In the event of an application for a license for a period of less than one year, the basic fee shall nevertheless be paid in full. The basic fee of ten dollars shall be credited against the license tax provided for by Subsection C of this section. Upon notification to the City Clerk, licenses may be transferred to purchasers or assigns of the licensee's equipment or business. No basic fee shall be refunded. At the time of making application, the applicant shall furnish a bond in the amount of $5,000, issued by a surety company authorized to do business in the State of Washington, the form of which bond shall be subject to approval by the City Attorney, which bond shall be conditioned on the faith- ful compliance by applicant with the provisions of this chapter and further conditioned that the collection, transpor- tation and disposal of garbage, refuse and debris shall be carried on by applicant according to the laws of the State of Washington, the ordinances of the City of Yakima and the rules and regulations of the Yakima County Health District. C. License tax imposed -- Amount. There is levied upon every person, association or corporation holding a license for the collection and hauling of garbage, refuse or debris within the City or in gathering the same within the City for disposal at some point or area outside of the City, a tax for the privilege of doing so, such tax to be equal to 3% of the gross cash receipts from all customers within the City 4111, served by the license holder. Such tax shall be due and pay- able in quarterly installments, and remittance therefor shall be made on or before thirty days after the end of the quarterly period for which it is due. D. Manner of .a ent--Audit of records of licensee. Pay- ment of the tax imposed by Subsection C of this section shall be made to the office of the Treasurer of the City of Yakima III accompanied by a report of the licensee of the amount of gross cash receipts from customers within the City for the period for which the tax is paid, which report shall contain such infor- mation as may be deemed necessary or desirable by the Treasurer to administer the collection of such tax. License holders shall afford access at all reasonable times to their books and records for inspection and audit by the City Finance Officer or other auditor appointed by the City Manager or engaged by the City for that purpose, for the purpose of verifying the accuracy of reports and the amounts of tax payments made to the City Treasurer pursuant to this section. E. Rules and regulations. There are hereby established the following rules and regulations for the collection and hauling of garbage, refuse and debris in the business clas- sification, as defined by Section 4.16.140 of this chapter: 1. The beds of all trucks used by licensee within the city shall be of metal construction and completely water tight. Truck beds must be kept clean and free of any accumulation of garbage or other refuse. ID 2. All licensed collectors, after loading trucks, 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 trucks in or upon any of the public ways of the city. 3. The charge for 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 agreed upon between such person and the collector. Each licensed collector shall furnish to the City of Yakima semi-annually a list of all accounts and frequency of collection thereof. 4. The owner or person in control or charge of each building in the business class shall maintain for refuse storage and disposal metallic containers of the same type as provided in Section 4.16.170, paragraphs (c)or (k), as the case may be, or such III other type of container as may be approved by the city refuse superintendent for deposit therein of all garbage and refuse. Refuse containers shall be placed on the premises in such a manner and at -2- such a location so as to be readily accessible for collection and shall not be kept on the street, alley, sidewalk or other public place; provided, that garbage cans or other approved containers may be placed on a platform or rack in the alley in back of the premises in a location approved by the chief of the fire department with the lids for the cans All 411, or containers chained and locked or otherwise c seured to the platform or rack. Lids shall not be removed except while refuse is being placed in or removed from the receptacles. F. Revocation of license. A license issued pursuant to this section is subject to revocation by the City Manager on a hearing conducted by him, after notice of such hearing given to the licensee no less than five days prior to the date of such hearing, on the finding by the City Manager that a licensee has failed to comply with any provision of this section or with any city ordinance applicable to the conduct of the business of the licensee. In the event of the revocation of a license by the City Manager as provided herein, the licensee shall have the right to a hearing on the matter by the City Council on the filing with the City Clerk of a written notice of appeal within ten days after the City Manager's revocation of the license. The decision of the City Council on such appeal shall be final and con- clusive. G. Purpose of section. This section is enacted to provide regulation of the business of garbage collection III within the city and to provide revenue for the operation of necessary city functions." Section 2. Any licensee fees for the calendar year 1976 hereto- . fore paid by any private refuse hauler pursuant to Section 4.16.180 of the City of Yakima Municipal Code before its amendment as provided by this ordinance shall be retained by the City and applied and credited to payment of the license fee and tax imposed by this amendatory ordinance. Section 3. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and wel- fare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect 41 immediately upon its passage, approval and publication as provided by law . a by the Cit Charter. 4F )05e / PASSED BY TH CITY COUNCIL, signed and approved thiop day of , 1975. IN \\ acting Mayor ATTEST: AMEMMUXWW -3