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HomeMy WebLinkAbout2004-025 Health & Sanitation ORDINANCE NO 2004 - 25 AN ORDINANCE relating to Health and Sanitation, amending the definition of "ashes" and "refuse ", removing the requirement that garbage be wrapped in paper and crew regulations, providing for automated collection bins, increasing allowable interest on overdue accounts to 12 %, prohibiting illegal dumping, requiring adequate refuse collection pickups per week, and amending sections 4 16 010, 4 16 020, 4 16 060, 4 16 120, 4 16 140, and 4 16 170; repealing sections 4 16 090 and 4 16 100, and enacting as new sections, sections 4 16 025 and 4 16 145, all of the City Of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 Section 4 16 010 of the City of Yakima Municipal Code is hereby amended to read as follows "4 16 010 Definitions As used in this chapter, the following words and phrases shall have the following meanings ascribed to them, unless the context indicates otherwise 1 "Ashes" means residue resulting from the combination combustion of coal, coke, er wood or other material in domestic, industrial or commercial stoves, furnaces or boilers 2 "Cart" means a container for refuse or yard material designed for automated collection 3 "Prepared" and "raw" garbage means waste materials from kitchens, dining rooms and similar places from which liquids have been drained er 45 "Refuse" means all sweepings, trash, rubbish, litter, garbage, industrial or domestic wastes, organic wastes or residue of animals sold as meat, fruit or other vegetable matter from kitchens, dining rooms, markets, or places dealing in or handling meats, fowls, fruits, grain or vegetables, ashes and cinders, offal, animal excreta and accumulated waste materials or substances which may become nuisances, provided that any of the aforementioned items must occur in volumes greater than 1 cubic foot. 56 "Special haul material" means waste material such as dirt, wood, stone, brick, plaster or materials resulting from the demolition, alteration or construction of buildings or structures, or yard trimmings or material larger than four inches in diameter or too long to fit within a ninety -six gallon cart when covered by its lid, or discarded fruit. 67 "Trash" means waste material containing no putrid matter 78 "Yard material" means waste material from tree and shrub trimmings, yard trimmings, leaves and brush and uprooted trees or shrubs For the purpose of YMC 4 16 020, yard materials are rubbish, trash, or other refuse " Section 2 Section 4 16 020 of the City of Yakima Municipal Code is hereby amended to read as follows "4.16 020 Scattering of refuse prohibited -- Unlawful accumulation It is unlawful for any person, firm or corporation to throw, place or scatter any garbage, rubbish, ashes, trash or other refuse, over or upon any premises, street or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove orn the same, or to suffer or permit, from the accumulation of refuse, any premises, owned, occupied or controlled by such person, firm or corporation to become or remain offensive, unsanitary, unsightly, unsafe to public health, or hazardous to fire " Section 3 Section 4 16 025 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows "4.16 025 Illegal Dumping prohibited It is unlawful for any person, firm or corporation to throw, place or scatter any refuse in or upon the refuse container, bin or cart belonging to or made available by the City for the use of another " Section 4 Section 4 16 060 of the City of Yakima Municipal Code is hereby amended to read as follows "4 16.060 Abatement by city -- Notice of claim of lien -- Collection. When the statement provided for in Section 4 16 050 hereof is filed with the city treasurer, the city treasurer shall immediately file with the auditor of the county of Yakima a notice of claim of lien in substantially the following form. NOTICE OF CLAIM OF LIEN City of Yakima vs , reputed owner NOTICE IS HEREBY GIVEN that the City of Yakima, Washington, has and claims a lien against the following described property in the City of Yakima, County of Yakima, State of Washington, to -wit: 2 (here insert legal description of property) for expenses incurred by the city for the removal of an accumulation of refuse from said property in the amount of $ , together with interest thereon at the rate of 612% per annum from and after the (date of performing work) until paid DATED CITY OF YAKIMA By City Treasurer and shall proceed to collect the same in the same manner and within the time provided for the foreclosure of labor and materialmen's liens under the laws of the state of Washington " Section 5 Section 4 16 090 of the City of Yakima Municipal Code is hereby repealed Section 6 Section 4 16 100 of the City of Yakima Municipal Code is hereby repealed Section 7 Section 4 16 120 of the City of Yakima Municipal Code is hereby amended to read as follows "4.16 120 Premises to be left in sanitary condition -- Dropping garbage - -Noise c condition No refuse shall be permitted to drop from any truck in or on any public ways of the city Collection vehicles must not at any time be driven over streets or highways in an overloaded or crowded condition Section 8 Section 4 16 140 of the City of Yakima Municipal Code is hereby amended to read as follows "4.16 140 Classification of premises— Charges A. For the purpose of regulating the collection of garbage and refuse in the city of Yakima there are established two classifications one to be known as the "residential classification," and the other as the "business classification " The 3 residential classification shall include all premises occupied as a single - family housekeeping unit, either in dwelling houses, apartments, or other multiple residences "Residential unit" as used herein, is defined as a unit in which all persons reside together as a single family, whether in single or multiple dwellings The business classification shall include all other premises. Provided, property owned by the city may be served by city equipment and crews independently of the classifications and rates established by this chapter; provided further, the rules and regulations established by this chapter pertaining to receptacles and to the preparation, storage, and collection of garbage, refuse and debris shall be applicable to all property within the city, including that owned by the city B The collection of all refuse in the business classification shall be made only by / licensed collectors, hereinafter provided for, at rates to be s - - - - - - - • - - - • - - - - - - •• set by the Washington Utilities and Transportation Commission C The collection of all refuse in the residential classification 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 1 There are hereby imposed for refuse collection in the residential classification the following charges for each single - family dwelling and for each residential unit in any multiple dwelling Type of Residential Refuse Collection Service Monthly Charge At Curb or Alley first 32- gallon can $9 42 each 32- gallon cart 7 81 each additional 32- gallon can 4 94 each 96- gallon cart 11 91 Carry Out Collection first 32- gallon can $18.24 each 32 -gallon cart 15 13 each additional 32- gallon can 5 48 each 96- gallon cart 19 68 An overfill fee of one dollar and seventy -seven cents ($1 77) shall be imposed each time an automated cart is filled past its visible full limit or the cart lid will not close due to overfilling A call -back charge of nine dollars and forty -two cents ($9 42) shall be imposed each time a customer requests refuse collection service at a time other than the regularly scheduled time Two cubic yard metal bin service as follows 4 Number of Pickups per One -month period Two -month bins week penod 1 1 $61 42 $122 84 2 98 26 196 52 3 135 10 270.20 4 171 94 343 88 5 20878 41756 2 1 $122 84 $245 68 2 196 52 393 04 3 270 20 540 40 4 343 88 687 76 5 417 56 835 12 3 1 $184 26 $368 52 2 294 78 589 56 3 405 30 810 60 4 515 82 1,031 64 5 626 34 1,252 68 4 1 $245 68 $491 36 2 393 04 786 08 3 540 40 1,080 80 4 687 76 1,375 52 5 835 12 1,670 24 5 1 $30710 $614.20 2 491 30 982 60 3 675 50 1,351 00 4 859 70 1,719 40 5 1,043 90 2,087 80 An overfill fee of nine dollars and twenty -one cents ($9.21) shall be imposed each time a bin is filled past its visible full limit or the bin lid will not close due to overfilling 5 Temporary 2 -yard Bin Accounts Initial Delivery Fee $30 71 Pickup Charge 7 68 Daily Service Fee 0.25 2 In addition to the charges imposed by subsection (C)(1) of this section, a separate charge, to be known as the "yard service charge," is imposed on each residential unit that elects to receive yard material collection service from the city dunng the nine -month period of each year commencing March 1st and ending November 30th Such service shall utilize one or more 96- gallon carts owned and provided by the city The yard service charge shall be nine dollars and sixty -three cents ($9 63) per month for one 96- gallon cart, plus four dollars and eighty -two cents ($4 82) per month for each additional 96- gallon cart, and shall be billed to each residential unit that elects to receive this service at the time and as a part of the billings rendered for other city services applicable for that nine -month period A call -back charge of nine dollars and forty -two cents ($9 42) shall be imposed each time a customer requests yard material collection service at a time other than the regularly scheduled time 3 All of the charges for garbage and refuse collection provided in subsections (C)(1) and (C)(2) 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 -gaffe 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 applicable 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 Garbage and refuse collection charges will be suspended for any customer upon advance notice to the office of the division of utility accounts 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 garbage and refuse collection service will be made for any premises served with any other city utility unless all city utility service to such premises 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 premises 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 6 garbage, refuse, or sanitation 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, as well as enforcement of all other applicable laws 6 Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property from which the garbage 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, and shall be superior to 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 D The yard material collection service, for which the yard service charge is imposed by subsection (C)(2) of this section, shall include the weekly collection of yard material from automated /semi- automated plastic 96- gallon carts furnished by the city department of public works during the nine -month period for which the yard service charge is billed to any particular premises For collection purposes, the total weight of each cart including yard material deposited therein may not exceed two hundred pounds Yard material larger than four inches in diameter or too long to fit within a 96- gallon cart when covered by its lid shall not be placed in a 96- gallon cart for collection, but may upon proper request, be collected as special haul material E. In addition to the regulations adopted and charges imposed by subsections C and D of this section, further charges are imposed in the following types of service 1 A charge of two dollars and thirty -nine cents, in addition to the regular monthly charge, shall be made each time an extra can or partial can of refuse or yard material is collected from any particular residential premises, 2 A charge of one dollar and seventy -seven cents, in addition to the surcharge for collecting refuse and yard material, shall be made for each extra container, bag, box or bundle of tree or shrub trimmings, collected from any particular residential premises 3 For a special garbage pickup, actual cost shall be charged to the customer Actual cost shall include the city's actual cost for labor, equipment rental, and landfill fees The minimum charge for this service shall be twenty -five dollars " Section 9 Section 4 16 170 of the City of Yakima Municipal Code is hereby amended to read as follows "4 16 170 Collection of garbage in residential district—Regulations There are established the following rules and regulations pertaining to receptacles, preparation and care of garbage by property owners or persons in control in the residential district: (a) The owner or person in charge of or in possession of any dwelling, flat, duplex or apartment house in the residential district shall at all times keep or cause to be kept portable sanitary containers 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, duplex or apartment house to fumish to and to see that his tenants are supplied with such sanitary containers as provided in this chapter (c) Such containers shall be watertight, of good construction with no dents, and except as provided in subsection (k D of this section, shall be of not more than thirty -two gallon capacity and shall have either a sturdy handle at each side thereof or other structure adequate and appropriate for lifting and emptying the container during collection The gross weight of any container when full shall not exceed sixty -five pounds, unless the customer has established carry -out service as provided in subsection (d)(1) of this section, in which case the gross weight of any container when full shall not exceed fifty pounds Empty containers shall not weigh more than fifteen pounds (d) Subject to certain provisions stated below, garbage or refuse containers shall be kept on the residential property at all times No containers shall be kept or stored on any public alley, street, or within any public right -of -way No containers shall interfere with the convenient, sightly and sanitary enjoyment of private property (1) A reasonable time before regularly scheduled pickup, unless the refuse collection customer has established carry-out service as specified in subsection (2) of this section, containers shall be placed at the property line at the alley adjacent to the property, or, for properties not adjoining an alley or adjoining an alley which is not utilized by the refuse division , at the curb of the adjoining street. A reasonable time after pickup, customers shall return containers to their usual position (2) Refuse collection customers may establish carry-out service for garbage cans as follows. "Carry-out service" as used herein means collection service for sunken containers or for any container not placed at the property line as specified in subsection (1) of this section. Carry-out service containers shall be located for collection where they are convenient and accessible within one 8 hundred feet of the alley adjacent to the property, or, for properties not adjoining an alley, within one hundred feet of the adjoining street. (e) 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 dogs or any sources whatsoever Such cans shall be so secured as to render the cans inaccessible to marauding animals (f) All bottles, metal scraps, tin cans and glassware may be placed in the same can that is used for wrapped or prepared garbage Cold Aashes and clinkers may be disposed of in the same can as other garbage, but must be separately wrapped or contained within the can - _ _ _ • : , _ •: , container •• - - - - • • - • • - • - - - - - ,• pocciblc, moisture from such garbage from coming in contact with the sides or (# g) 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 disposed of No person in charge of such premises shall suffer, permit or allow such animal to remain thereon for a period longer than twenty -four hours (i h) All containers shall be placed for collection on regularly scheduled pickup days in such a position that no employee or collector of the city refuse division shall be required to open any gate or door or obstruction of any kind in order to obtain access to the same, provided, however, that such employee or collector may open the door or gate to an enclosure which is specifically designed and used solely for keeping such containers (j i) All animal excreta as set out for collection shall be placed in a separate, tight, disposable container and shall not be commingled with any other garbage or refuse (k j) In lieu of garbage containers specified in subsection (c) of this section, drop - off bins furnished by the city may be used to serve multiple dwellings and other premises where large amounts of refuse are collected Such bins shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property The city will furnish such drop -off bins upon request to the city department of public works made by the owner or person in charge of the premises (k) For each dwelling, multiple unit dwelling or other premises where automated collection is available, in lieu of the garbage collection containers specified in subsection (c) of this section, the City will provide City owned 35 or 96 gallon carts to be used for refuse collection. Such carts shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. 9 (I) Lids for all refuse containers defined by subsection (k) shall remain closed at all times except when refuse is being deposited into or emptied from such containers. Such containers shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing matter (m) The manager of the refuse division of the department of public works may waive any provision of Sections 4 16 140 and 4 16 170 of this code when specific circumstances render enforcement of such provision impossible or impracticable Such waiver may be conditioned on such terms as the manager may determine are appropriate Such waiver must be stated in writing and shall be limited to its express terms Any person aggrieved by an action of the manager regarding such a waiver may appeal the action to the director of the department of public works Any person aggrieved by the director's action regarding such appeal may appeal to the city council " Section 10 Section 4 16 145 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows "4.16 145 Adequate Collection Required 1 Persons who obtain metal bin service for collection of refuse in the residential classification shall provide adequate pickups per week or metal bins to ensure that the amount of refuse generated by the multiple unit dwelling does not overfill the metal bins Metal bins shall be considered overfilled when the lid will not close due to the amount of refuse deposited therein or when said metal bin 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 service, if said bins are repeatedly overfilled, the City of Yakima may require an increased number of pickups per week or may terminate service As used in this section, "repeatedly overfilled" means that the bin is overfilled for any three consecutive pickups 3 Upon determining that bins are repeatedly overfilled, the Refuse and Recycling Manager shall send notice of intent to increase the 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 14 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 pick 10 ups 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 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 A of this subsection The decision so made by the council shall be final " Section 11 This ordinance shall be is 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 approved this 20th day of April, 2004 de , ATTEST Paul P George, Mayor By sly City Clerk Publication Date 4 -23 -2004 Effective Date 5 -23 -2004 11 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 1 For Meeting Of April 20, 2004 ITEM TITLE Consideration of Ordinance Relating to Health and Sanitation, Enacting New Sections and Amending the Yakima Municipal Code, Chapter 4 16 and an Ordinance Relating to Public Safety and Morals, Amending Section 6 86 SUBMITTED BY Chris Waarvick, Director of Public Works Nancy Fortier, Refuse and Recycling Manager CONTACT PERSON/TELEPHONE. Nancy Fortier, 576 -6421 SUMMARY EXPLANATION Members of City Council requested staff to consider solutions to abate scattered refuse resulting from overflowing residential refuse bins The two attached Ordinances, relating to Health and Sanitation, amending the City of Yakima Municipal Code, Section 416 010, 4 16 020, 4 16 060, 4 16 120, 4 16 140 and enacting new section 4 16 025 relating to Illegal Dumping and 4 16 145 relating to Adequate Collection Required and relating to Public Safety and Morals, amending Section 6 86 020, 6 86 110 relating to litter and penalty for violation are being submitted Resolution Ordinance X Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL. City Manager er 9 STAFF RECOMMENDATION Staff respectfully requests the City Council pass the ordinances BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION (A) Ordinance passed. ORDINANCE NO. 2004 (re: illegal dumping) (B) Ordinance passed. ORDINANCE NO. 2004-26 (re: litter)