HomeMy WebLinkAbout2009-048 Garbage Storage, Collection and Disposal; YMC Amendment 4.16.145 ORDINANCE NO. 2009 -48
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AN ORDINANCE Consideration of ordinance relating to health and sanitation, amending
Yakima Municipal Code Chapter 4 16 145 entitled "Garbage Storage,
Collection and Disposal."
BE IT ORDAINED BY THE CITY OF YAKIMA:
SECTION 1. Section 4 16 145 of the City of Yakima Municipal Code is hereby amended to
read as follows:
416.145 Adequate collection required.
1 Persons who obtain metal bin service or automated refuse service for
collection of refuse in the residential classification shall provide adequate pickups
per week or containers to ensure that the amount of refuse generated by any
residential dwelling does not overfill thecontainers. Containers shall be
considered overfilled when the lid will not close due to the amount of refuse
deposited therein or when said container is full and additional refuse is left at the
premises in violation of YMC 4 16 070
2 At any premises where the city of Yakima provides metal bin or automated
refuse service, if said containers are repeatedly overfilled, the city of Yakima may
require an increased number of pickups per week, increased number of
containers, increased size of container or may terminate service. As used in this
section, "repeatedly overfilled" means that the container is overfilled for any three
consecutive pickups.
3 Upon determining that containers are repeatedly overfilled, the refuse and
recycling manager or his/her designee shall send notice of intent to increase the
container size, number of containers or number of pickups per week to the
person responsible for the payment of charges imposed under YMC 4 16 140
Such notice shall be sent to the most recent billing address for the account.
Unless a notice of objection is received within fourteen calendar days from the
date the notice is mailed, objection shall be deemed waived and the increased
service shall at that time be implemented.
4 Upon objection being received to the increase in service levels, the director
of public works shall review the matter, such review to include any additional
information submitted by the objecting party, and issue a written decision to
increase the number of pickups per week or terminate service or to leave service
at the current level.
5 The Yakima city council shall have jurisdiction to hear appeals from the
written decision of the director of public works.
a. The aggrieved party shall have the right to appeal the written decision of the
director of public works within seven days after the entry of the written decision of
the director of public works from which the appeal is taken. The notice shall
specify every ground relied on by the appealing party as reasons for reversal by
the city council of the written decision of the director of public works from which
the appeal is taken. The notice of appeal shall specify an address at which the
appellant may be given notice of hearing on the appeal.
b After the timely filing of such an appeal, the Yakima city council shall set a
time and place, not more than thirty days from the date of receipt of such notice
of appeal, for a hearing thereon. At the hearing the appellant shall be entitled to
appear in person, be represented by counsel, and offer evidence in support of
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the grounds relied on by appellant to reverse the written decision of the director
of public works
c. Within ten days from the date of the hearing before the city council, the
council shall either affirm or reverse the written decision of the director of public
works from which the appeal was taken; and a written notice of the decision of
the council shall forthwith be served on the appellant or mailed to the address
specified by appellant for giving the notice of appeal under subsection (5)(a) of
this section. The decision so made by the council shall be final. (Ord. 2004 -25
§ 10, 2004)
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
SECTION 3 This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and ap • roved this 20 day of October,
2009
David Edler, Mayor
ATTEST
City Clerk
Publication Date 10/23/09
Effective Date 11/22/09
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S lyt - c c--)!
ORDINANCE NO 2009 -48
AN ORDINANCE Consideration of ordinance relating to health and sanitation, amending
Yakima Municipal Code Chapter 4 16 145 entitled "Garbage Storage,
Collection and Disposal."
BE IT ORDAINED BY THE CITY OF YAKIMA:
SECTION 1. Section 4 16 145 of the City of Yakima Municipal Code is hereby amended to
read as follows:
416.145 Adequate collection required.
1 Persons who obtain metal bin service or automated refuse service for
collection of refuse in the residential classification shall provide adequate pickups
per week or metal-bins-containers to ensure that the amount of refuse generated
by the multiple unit any residential dwelling does not overfill the metal
binscontainers. Metal-bins-Containers shall be considered overfilled when the lid
will not close due to the amount of refuse deposited therein or when said metal
bin-container is full and additional refuse is left at the premises in violation of
YMC 4 16 070
2. At any premises where the city of Yakima provides metal bin or automated
refuse service, if said bins- containers are repeatedly overfilled, the city of Yakima
may require an increased number of pickups per week, increased number of
containers, increased size of container or may terminate service As used in this
section, "repeatedly overfilled" means that the bin- container is overfilled for any
three consecutive pickups.
3 Upon determining that bins- containers are repeatedly overfilled, the refuse
and recycling manager or his /her designee shall send notice of intent to increase
the container size, number of containers or number of pickups per week to the
person responsible for the payment of charges imposed under YMC 4 16 140
Such notice shall be sent to the most recent billing address for the account.
Unless a notice of objection is received within fourteen calendar days from the
date the notice is mailed, objection shall be deemed waived and the increased
service shall at that time be implemented.
4 Upon objection being received to the increase in service levels, the director
of public works shall review the matter, such review to include any additional
information submitted by the objecting party, and issue a written decision to
increase the number of pickups per week or terminate service or to leave service
at the current level.
5 The Yakima city council shall have jurisdiction to hear appeals from the
written decision of the director of public works.
a. The aggrieved party shall have the right to appeal the written decision of the
director of public works within seven days after the entry of the written decision of
the director of public works from which the appeal is taken. The notice shall
specify every ground relied on by the appealing party as reasons for reversal by
the city council of the written decision of the director of public works from which
the appeal is taken. The notice of appeal shall specify an address at which the
appellant may be given notice of hearing on the appeal.
b After the timely filing of such an appeal, the Yakima city council shall set a
time and place, not more than thirty days from the date of receipt of such notice
of appeal, for a hearing thereon. At the hearing the appellant shall be entitled to
appear in person, be represented by counsel, and offer evidence in support of
1
the grounds relied on by appellant to reverse the written decision of the director
of public works.
c. Within ten days from the date of the hearing before the city council, the
council shall either affirm or reverse the written decision of the director of public
works from which the appeal was taken, and a written notice of the decision of
the council shall forthwith be served on the appellant or mailed to the address
specified by appellant for giving the notice of appeal under subsection (5)(a) of
this section. The decision so made by the council shall be final. (Ord. 2004 -25
§ 10, 2004)
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
SECTION 3 This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and - • roved this 20 day of October,
2009
7. 11 - a v i d Edler, Mayor
ATTEST
A sLiJcs - toki
City Cle
Publication Date 10/23/09
Effective Date. 11/22/09
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® BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No )6 Zr
For Meeting Of October 20, 2009
ITEM TITLE Consideration of Ordinance Relating to Health and Sanitation, Amending
the Yakima Municipal Code, Chapter 4 16 145
SUBMITTED BY Chris Waarvick, Director of Public Works
Nancy Fortier, Refuse and Recycling Manager
CONTACT PERSON/TELEPHONE: Nancy Fortier, 576 -6421
SUMMARY EXPLANATION:
It has come to our attention that a growing number of residential customers are regularly overfilling
their automated refuse carts Frequently, debris from the overfilled carts becomes scattered
throughout neighborhoods In 2004 a new section of the Municipal Code, 4 16.145 relating to
Adequate Collection Required was enacted by City Council to address overfilled metal bins. In this
4110 section, property owners are required to increase the number of pickups per week for metal bins
when they are repeatedly overfilled for any three consecutive pickups. The changes to the
Municipal Code, if approved, will assist in abating scattered refuse resulting from overflowing
residential containers
The attached Ordinance, relating to Health and Sanitation, amending the City of Yakima Municipal
Code, Section 4 16 145 relating to Adequate Collection Required is being submitted.
Resolution _Ordinance X . Contract Other (Specify)
Mail to (name and address) Phone
Funding Source
APPROVED FOR SUBMITTAL. City Manager
STAFF RECOMMENDATION Staff respectfully requests the City Council pass the ordinance
BOARD /COMMISSION RECOMMENDATION*
COUNCIL ACTION