HomeMy WebLinkAbout1982-2637 ORDINANCE NO. 26 37
111. AN ORDINANCE relating to health and sanitation; providing for and
regulating garbage storage, collection and disposal;
prescribing rates and imposing _charges for refuse,
collection service; requiring a license and imposing
II/ a tax on private garbage haulers; repealing City of
Yakima Ordinance No. 2625, enacted July 20, 1982;
repealing Sections and Subsections 4.16.010, 4.16.080,
. 4.16.130, 4.16.140, 4.16.150, 4.16.170(k), 4.16.130C,
4.16.185 and 4.16.220; amending the title to Section
4.16.180 and amending Sections and Subsections 4.16.180E,
and 4.16.210; and enacting new Sections and Subsections
4.16.141, 4.16.151, 4.16.170(k), 4.16.172 and 4.16.180C,
all of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. City of Yakima Ordinance No. 2625, enacted July 20,
1982, and entitled:
III . "AN ORDINANCE relating to health and sanitation; defining terms
and adopting regulations pertaining to garbage collection and
disposal; amending Sections and Subsections 4.16.140C,
4.16.140C(1), 4.16.150, 4.16.170(k) and 4.16.180C and repeal-
ing Section 4.16.185, all of the City of Yakima Municipal Code",
is hereby repealed.
Section 2. The following Sections and Subsections of the City
of Yakima Municipal Code are hereby repealed: 4.16.010, 4.16.080,
4.16.130, 4.16.140, 4.16.150, 4.16.170(k), 4.16.180C, 4.16.185 and
• .4.16.220.
Section 3. Section 4.16.210 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"4.16.210 Fruit Refuse.
411 Fruit refuse from fruit processing plants and warehouses shall
be stored and disposed of by the operator of the plant or ware-
house in such a manner so as not to create a public nuisance or
health hazard. City Refuse Division service shall not include
the collection or disposal of such fruit refuse."
Section 4. Section 4.16.141 is hereby enacted as a new Section
of the City of Yakima Municipal Code to read as follows:
"4.16.141 Refuse Collection - Rates and Regulations.
A. Refuse Collection.
Refuse collection service for all premises in the City shall
be furnished either by the City of Yakima Refuse Division at
rates prescribed in this Section or by private collectors,
duly licensed according to the requirements of this Chapter,
at rates to be agreed on between licensed collector and the
customer. The determination of whether service shall be
furnished by the City Refuse Division or by a private
collector shall be made by the customer at each specific
premises served; provided, each customer shall continue
to be served by and pay for the type of collection service
(whether by private collector or by the City Refuse Divi-
sion) furnished at the time of the effective date of this
Section until the customer notifies the City Refuse Divi-
sion office of that customer's request for a change in the
type of service; provided, further, requests for bin ser-
vice to be performed by the City Refuse Division shall be
granted subject to and dependent on the City's ability to
serve and the availability of equipment to perform the
service.
B. Rates and Regulations.
(1) The following rates and regulations shall apply to
refuse collection service furnished by the Refuse Division
of the City:
Basic charge for one-can residential
service at alley or curb $3.37 per month
Extra charge for the second and each
additional can at alley or curb 1.86 per month
Extra charge for carry-out service ...... Additional 50%
of basic or extra
charge
"Carry-out service" as used in this Section means any service
performed for collecting from sunken containers or from any
container not placed at the curb or alley line from which col-
lection is made. No container shall be collected if placed
more than one hundred feet from the curb or alley from which
collection is made.
Call-back charge $3.37 flat rate
"Call-back charge" as used in this Section means a charge to be
imposed when any customer fails to place the garbage can at
the appropriate place for collection during the regularly
scheduled pickup, resulting in a customer request for garbage
collection service at a time other than the regularly scheduled
time.
Basic charge for single bin service
(1.5 yards) $25.24 per month 410
Extra charge for the second and each
additional bin 25.24 per month
(2) A surcharge, in addition to the charges imposed by this
Section, is imposed on each residential unit as a charge for
service performed by the City for collecting yard material
consisting of waste material from tree and shrub trimmings,
yard trimmings, leaves and brush, during the eight (8) month
period of each year commencing March 1st and ending October
31st. The surcharge, to be known as the "yard service charge",
shall be the amount of $2.51 per month, and shall be billed to
each residential unit at the time and as a part of the billings
rendered for other city services applicable for that eight-
month period.
Ilk
Any person billed for such yard service charge who does
not utilize any such additional refuse collection service may
request such surcharge to be cancelled from his billing by noti-
fying the utility accounts office of the City of Yakima; and
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upon such notification being made, the request for such cancel-
lation shall be granted, subject to verification by the City
411 that such additional service is not utilized.
Where refuse collection service is performed for multiple
dwellings wherein all units are carried under a single account
11/ number and street address for water department metered services,
the multiple dwelling shall be deemed a single residential unit
for the purpose of computing the surcharge imposed by this Sub-
section.
(3) All of the charges for refuse collection provided in this
Subsection 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 municipal 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 appli-
cable to such customer were he so served with another City
utility service. Accounts shall become delinquent if not paid
within the time specified by Section 7.68.025 for payment of
water service charges.
(4) Refuse collection charges will be suspended for any customer
upon advance notice to the office of the division of utility
accounting that a particular premises served will be unoccupied,
and such charges will be resumed on notice to such office to
resume service. No such suspension of charges for refuse col-
lection service will be made for any premises served with any
other City utility unless all City utility service to such pre-
mises is likewise suspended.
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 pre-
mises to be served.
(5) 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 pre-
mises where such collection service is suspended subject to con-
", demnation for lack of sanitary requirements, and the owner or
person in charge or in possession of said premises shall be sub-
ject to prosecution for maintaining a nuisance thereon.
(6) Upon failure to pay such charges and upon delinquency, the
amount thereof shall become a lien against the property from
which the refuse 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. Such lien shall be prior to any
and all other liens and 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 sub-
sequent thereto.
• C. Yard Service. •
• The yard service collection, for which the yard service charge
411
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is imposed by Subsection B(2) of this Section, shall include
the collection of yard material consisting of waste material
from tree and shrub trimmings, yard trimmings, leaves and
brush, not to exceed the equivalent of five (5) containers,
111
bags or boxes (each of which shall not exceed thirty-three-
gallon capacity) per week during the eight-month period for which
the yar service charge is billed to any particular premises.
Except for tree and shrub trimmings, the yard material shall b
collected in nonporous, disposable containers, bags or boxes
to be collected and disposed of along with the yard material
contents, and collection crews shall not be required to return
containers used for disposing yard material. The yard material
which will be so collected shall not include trees or large
limbs; and tree and shrub trimmings not susceptible to being
stored for collection in containers, bags or boxes shall be
securely tied in bundles not to exceed two feet in diameter or
four feet in length. Yard material must be placed for disposal
at the curb or 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
from trees, nor rubbish or debris of any kind except in minor
quantities resulting from construction, alterations, demolition,
remodeling or landscaping of any property. Grass, rakings and
rubbish must be in nonporous containers.
111
The collection of yard material in excess of the equivalent
of five thirty-three-gallon containers per week from any private
residence shall be charged at a rate or fee to be established
from time to time by the refuse superintendent."
Section 5. Section 4.16.151 is hereby enacted as a new Section
of the City of Yakima Municipal Code to read as follows:
"4.16.151 Disposal of Refuse by Private Citizens.
It shall be the •duty of every person occupying any pre-
mises in the City to cause refuse to be removed from the pre-
.
mises and disposed of in accordance with provisions of this
Chapter. No refuse shall be collected or disposed of by other
than the City Refuse Division or by a licensed collector;
provided, nothing in this Chapter shall prevent a person from
hauling refuse accumulation from that person's own premises
to the sanitary landfill, however the hauling of refuse from
one's own premiseS shall not relieve the responsible person
for payment of the refuse collection fees and charges to the 411
City or to a licensed collector, as the case may be."
Section 6. As the repeal of Subsection 4.16.170(k) of the City
of Yakima Municipal Code becomes effective as provided by Sections
1 and 2 of this Ordinance, Subsection 4.16.170(k) is hereby re-
enacted as a new Section of the City of Yakima Municipal Code to
read as follows:
"4.16.170 Collection of Garbage in Residential District -
111 Regulations.
(k) In lieu of garbage containers specified in subsection (c)
of this section, multiple-unit dwellings and other premises where
large amounts of refuse are collected may utilize dropoff bins,
at the option of the property owner or person in charge of the
premises. No such bin shall be used unless it is approved by 411
the City refuse superintendent as meeting the following stan-
dards:
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•
Bins of three cubic yards or smaller capacity shall be
construCted'of sixteen U.S. standard gauge metal and bins of over
three cubic yards capacity shall be constructed of twelve U.S.
111 standard gauge metal for sides and bottoms and shall have lids
• of a minimum thickness of fourteen U.S. standard gauge metal; .
• 11/ All such bins • hall'be capable of passing the antitipping
tests imposed by the United States Consumer Products Commission
• Regulations Sections 1301.4, 1301.6 and
Section 7. As the.repeal of Subsection 4.16.180C of .the City
•
of Yakima Municipal Code becomes effective, as provided by Sections
1 and 2 of this Ordinance, the title to Section 4.16.180 is hereby
amended, and Subsection 4.16.180C is hereby re-enacted as a new
• Subsection of the City of Yakima Municipal Code to read as'f011ows:
"4.16.180 Private Refuse Collection - License and Tax -
Regulations.
•
C. Commencing November 1, 1982, there is levied upon every
411 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 dispo-
sal at some point or area outside of the City, a tax for the •
privilege of doing so, such tax to be equal to eight percent
of the cash receipts from all customers within the City served
• by the license holder. Such tax shall be due and payable in
quarterly installments, for quarters ending with the last days
of March, June, September and December of each year; and re- •
mittance therefor shall be made on or before thirty days after •
the end of the quarterly period for which it is due."
Section 8. . Section 4.16.172 is hereby enacted as a new Section
of the City of Yakima Municipal Code to read as follows:
"4.16.172 Refuse Containers in Business Areas.
The owner or person in control or charge of each business
• premises in the City shall maintain. for refuse storage and
• disposal, metallic containers of the same type as provided by
•
Subsections 4.16.170(c) or (.k) as the case may be, or such
other type of container as may be approved by the City refuse
superintendent for deposit therein of all refuse. Refuse con-
tainers shall be placed on the business premises in such a
manner and at 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, the refuse bins or
other approved containers may be placed on a platform or rack
in the alley or other location on the premises approved by the
superintendent of the City Refuse Division with the lids for
the cans or containers chained and locked or otherwise secured
. to the platform or rack. Lids shall. not be removed except
while.refuse is being placed in or removed from the recepticles."
41 1 Section 9. ,Subsection 4.16.180E of the City of Yakima Municipal
Code is hereby amended to read as follows:
•
"4.16.180 Private Refuse Collection - License and Tax - • •
Regulations.
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E. Rules and Regulations.
Private refuse collectors, licensed pursuant to this Section,
shall comply with the following rules and regulations:
111
1. The beds of all trucks used by a licensed collec-
tor shall be of metal construction and completely water-
tight. Truck beds must be kept clean and free of any accu-
mulation of refuse.
2. All licensed collectors, after loading trucks, must
leave all alleys and streets, and the private premises from
which refuse is collected, 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 or on any private property.
Each licensed collector shall file with the office
of the City Refuse Division a schedule of the names and addres-
ses of all customers served by the licensed collectors and the
frequency of collection and shall notify the City Refuse Divi-
sion office of all changes in that schedule immediately as any
such changes occur."
• Section 10. This ordinance shall be in full force and effect
411
thirty days after 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 4 , 1982.
c\t (12"1)11111
•
Mayor
ATTEST:
City Clerk
111
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