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HomeMy WebLinkAbout1984-2801 GARBAGE STORAGE, COLLECTION & DISPOSAL; RATES & CHARGES CI x, ORDINANCE NO. 4 0 AN ORDINANCE relating to health and sanitation; providing for and . • regulating garbage storage, collection and, disposal; prescribing rates and imposing charges for refuse, col- • • lection service; requiring a .license and imposing 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), 4.16.180C, 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; and providing for a referendum election to adopt or reject this ordin- ance. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. City of Yakima Ordinance No. 2625, enacted July 20, 1982, and entitled: "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4.16.170(k) and 4.16.180C and repealing Section 4.16.185, all of the City of Yakima Municipal Code ", is hereby repealed.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 The following Sections and Subsections of the City of Yakima Municipal Code are hereby repealed: 4.16.010, 4.16.080, 4.16.130, 4.16.140, 4.16.150, 4.16.170(k), 4.16.180C, 4.16.185 and 4.16.220.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: 4111 "4.16.210 Fruit Refuse.. • Fruit refuse from fruit processing plants and warehouses shall be stored and disposed of by the operator of the plant or warehouse in such a manner so as not to create 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 deter- mination 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 con - tinue to be served by and pay for the type of collection service (whether by private collector or by the City Refuse Division) fur- • STLIII D1 } nished at the time of the effective date of this Section until the customer notifies the City Refuse Division office of that cus- tomer's request for a change in the type of service; provided, further, requests for bin service 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 per- il form the service. 1111 B. Rates and Regulations. The following rates and regulations shall apply to refuse collection service furnished by the Refuse Division of the City, which rates and regulations may be changed from time to time by ordinance, without the necessity for a referendum to the elec- torate. 1. Basic charge for one -can residential service at alley or curb $3.87 per month Extra charge for the second and each additional can at alley or curb $2.14 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 collec- tion 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 $3.87 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 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 ser- vice 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 $2.89 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 appli- cable for that eight -month period. 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 upon • such notification being made, the request for such cancellation shall be granted, subject to verification by the .City 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 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 Subsection. STLIII D2 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 ILL 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 speci- fied by Section 7.68.025 for payment of water service charges. 4. Refuse collection charges will be suspended for any cus- tomer 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 collection service will be made for any premises served with any other City utility unless all City utility service to such premises is like- wise 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 premises to be served. 1111 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 sani- tation. 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. 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 effecitve 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 subsequent thereto. C. Yard Service. The yard service collection, for which the yard service charge 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, bags or boxes (each of which shall not exceed thirty- three - gallon capacity) per week during the eight -month period for which the yard service charge is billed to any particular premises. Except for tree and shrub trimmings, the yard material shall be 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 STLIII D3 quantities resulting from construction, alterations, demolition, remodeling or landscaping of any property. Grass, rakings and rubbish must be in nonporous containers. The collection of yard material in excess of the equiva- lent of five thirty- three - gallon containers per week from any • private residence shall be charged at a rate or fee to be estab- lished 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 premises in the City to cause refuse to be removed from the premises and dis- posed 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 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 reenacted as a new Section of the City of Yakima Municipal Code to read as follows: "4.16.170 Collection of Garbage in Residential District - 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 pre- mises. No such bin shall be used unless it is approved by the City refuse superintendent as meeting the following standards: Bins of three cubic yards or smaller capacity shall be con- structed of sixteen U.S. standard gauge metal and bins of over three cubic yards capacity shall be constructed of twelve U.S. standard gauge metal for sides and bottoms and shall have lids of a minimum thickness of fourteen U.S. standard gauge metal; All such bins shall be capable of passing the antitipping tests imposed by the United States Consumer Products Commission Regulations Sections 1301.4, 1301.6 and 1301.7." 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 follows: STLIII D4 "4.16.180 Private Refuse Collection - License and Tax - Regulations. C. 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 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 remittance therefor shall be made on or before thirty days after the end of the quar- terly period for which it is due. The rate of tax may be changed, or the tax repealed, from time to time by ordinance, without the necessity for a referendum to the electorate." 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 dis- posal, metallic containers of the same type as provided by Sub- sections 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 containers 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 receptacles." Section 9. Subsection 4.16.180E of the City of Yakima Municipal 1110 Code is hereby amended to read as follows: "4.16.180 Private Refuse Collection - License and Tax - Regulations. E. Rules and Regulations. Private refuse collectors, licensed pursuant to this Section, shall comply with the following rules and regulations: 1. The beds of all trucks used by a licensed collector shall be of metal construction and completely watertight. Truck beds • must be kept clean and free of any accumulation 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 of on any private property. 3. Each licensed collector shall file with the office of the City Refuse Division a schedule of the names and addresses of all customers served by the licensed collectors and the frequency of collection and shall notify the City Refuse Division office of all changes in that schedule immediately as any such changes occur." STLIII D5 Section 10. In accordance with Article IV, Section 4 of the Yakima City Charter, this ordinance shall be submitted to the electorate of the • City of Yakima at the State General Election to be held November 6, • 1984, for adoption or rejection. In the event this ordinance is adopted, it shall become effective on December 1, 1984. PASSED BY THE CITY COUNCIL, signed and approved this c=p. g 4 -1, day of t 2 2 � , 1984. MAYOR ATTEST: • ,2) City Clerk • • • • STLIII D6