HomeMy WebLinkAbout1999-052 Containers for and storage of garbage and yard waste collection by the City of Yakima ORDINANCE NO. 99- 52
AN ORDINANCE relating to health and sanitation; concerning containers for and storage of
garbage and yard waste for collection by the City of Yakima, and
amending Sections 4.16.140 and 4.16.170 of the City of Yakima Municipal
Code accordingly.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Section 4.16.140 of the City of Yakima Municipal Code is hereby amended to
read as follows:
1 4.16.140 Classification of premises Charges.
2 A. For the purpose of regulating the collection of garbage and refuse in the city of
3 Yakima there are established two classifications: one to be known as the "residential
4 classification," and the other as the "business classification." The residential classification shall
5 include all premises occupied as a single - family housekeeping unit, either in dwelling houses,
6 apartments, or other multiple residences. "Residential unit" as used herein, is defined as a unit in
7 which all persons reside together as a single family, whether in single or multiple dwellings. The
8 business classification shall include all other premises.
9 Provided, property owned by the city may be served by city equipment and crews
10 independently of the classifications and rates established by this chapter; provided further, the
11 rules and regulations established by this chapter pertaining to receptacles and to the preparation,
12 storage, and collection of garbage, refuse and debris shall be applicable to all property within the
13 city, including that owned by the city.
14 B. The collection of all refuse in the business classification shall be made only by
15 licensed collectors, hereinafter provided for, at rates to be agreed upon between such collector and
16 the business houses served by him.
17 C. The collection of all refuse in the residential classification shall be conducted by
18 the City of Yakima equipment and personnel and financed by garbage and refuse collection fees
19 hereinafter set forth. The City of Yakima shall not collect refuse from apartments or multiple
20 units in excess of four units except upon the request of the owner or operator thereof. The
21 following collection fees and practices shall apply for all garbage collection services conducted by
22 the City of Yakima.
23 1. There are hereby imposed for refuse collection in the residential classification the
24 following charges for each single - family dwelling and for each residential unit in any multiple
25 dwelling:
26 Basic charge for one -can residential service at alley or curb $7.29 per month
27 Extra charge for the second and each
28 additional can at alley or curb $3.83 per month
29 Basic charge for one -can residential carry -out service $14.13 per month
30 Extra charge for the second and each
31 additional can with carry -out service $4.24 per month
32 Call -back charge $7.29 flat rate
ORDINANCE AMENDING CH. 4.16 YMC Page 1 of 6
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33 "Call -back charge" as used herein means a charge to be imposed when any customer fails
34 to place the garbage can or yard waste container at the appropriate place for collection
35 during the regularly scheduled pickup, resulting in a customer request for gauge
36 collection service or yard service at a time other than the regularly scheduled time.
37 Bin (1.84 yards) service as follows:
Number of bins Pickups One -month Two -month
per week period period
1 1 $57.40 $114.80
2 91.83 183.66
•
3 126.26 252.52
4 160.69 321.38
5 195.12 390.24
2 - 1 114.80 229.60
2 183.66 367.32
3 252.52 505.04
4 321.38 642.76
5 390.24 780.48 •
3 1 172.20 344.40
2 275.49 550.98
3 378.78 757.56
4 482.07 964.14
5 585.36 1170.72
4 1 229.60 459.20
2 367.32 734.64
3 .505.04 1,010.08
4 642.76 1,285.52
5 780.48 1,560.96
5 1 287.00 574.00
2 459.15 918.30
3 631.30 1,262.60
4 803.45 1,606.90
5 975.60 1,951.20
38 2. A surcharge, in addition to the charges imposed by subsection (C)(1) of this
39 section, is imposed on each residential unit as a charge for service performed by the city for
440 collecting yard material during the nine -month period of each year commencing March 1st and
41 ending November 30th. The surcharge, to be known as the "yard service charge," shall be the
42 amount of eight dollars and ninety -nine cents ($8.99) per month, and shall be billed to each
43 residential unit at the time and as a part of the billings rendered for other city services applicable
44 for that nine -month period.
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45 Any person billed for such yard service charge who does not utilize any such additional
46 refuse collection service may request such surcharge to be canceled from his billing by notifying
47 the utility accounts office of the city of Yakima; and upon such notification being made the
48 request for such cancellation shall be granted, subject to verification by the city that such
49 additional service is not utilized.
50 Where refuse collection service is performed for multiple dwellings wherein all units are
.51 carried under a single account number and street address for water department metered services,
52 the multiple dwelling shall be deemed a single residential unit for the purpose of computing the
53 surcharge imposed by this section.
54 3. All of the charges for garbage and refuse collection provided in subsections (C)(1)
55 and (C)(2) shall be billed for and paid at the same time and for the same period as billings and
56 payments are made for other city utility services; or, in the event a customer is served by the
57 municipal garbage division but is not served with another city utility, garbage and refuse
58 collection charges shall be billed and paid for according to the schedule which would be
59 applicable to such customer were he so served with another city utility service. Accounts shall
60 become delinquent if not paid within the time specified by Section 7.68.025 for payment of water
61 service charges.
62 4. Garbage and refuse collection charges will be suspended for any customer upon
63 advance notice to the office of the division of utility accounts that a particular premises served
64 will be unoccupied and such charges will be resumed on notice to such office to resume service.
65 No such suspension of charges for garbage and refuse collection service will be made for any
66 premises served with any other city utility unless all city utility service to such premises is
67 likewise suspended.
68 Application for resumption of service to a new customer shall be made to the office of the
69 division of utility accounts on forms provided for that purpose which shall contain the name of
70 the customer and the street address and number of units of the premises to be served.
71 5. Collection service may be suspended for nonpayment of accounts, but such
72 suspension shall not relieve the person owing such account from the duty of complying with the
73 provisions of this chapter or other ordinances pertaining to garbage, refuse, or sanitation. Such
74 suspension of service shall render the premises where such collection service is suspended subject
75 to condemnation for lack of sanitary requirements, and the owner or person in charge or in
76 possession of said premises shall be subject to prosecution for maintaining a nuisance thereon,. as
77 well as enforcement of all other applicable laws.
78 6. Upon failure to pay such charges and upon delinquency, the amount thereof shall
79 become a lien against the property from which the garbage collection service shall have been
80 rendered. Such lien shall be made effective by filing a notice thereof specifying the charges, the
81 period covered by the charges and giving a legal description of the premises at which the service
82 was rendered. Such lien shall be filed with the same official and within the tithe and shall be
83 foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor
84 and material, and shall be superior to encumbrances filed subsequent to the filing of such lien, but
85 shall be subject to all general taxes and local improvement assessments, whether levied prior or
86 subsequent thereto.
87 D. The yard service collection, for which the yard service charge is imposed by
88 subsection (C)(2) of this section, shall include the weekly collection of yard material from
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89 automated /semi- automated plastic containers furnished by the city department of public works
90 : , : .- - - - -. ' • - , • : . - - : - • , - : : - - - . - - : . • • . - - : :- .• -- - : : .: --
91 (each of which shall not cxcccd thirty two gal -en capacity) per week during the nine -month
92 period for which the yard service charge isibilled to any particular premises. Except for tree and
93
95 -a _ : - . - - - - - • - - - - - : • - -- : - For collection
96 purposes, the total weight of containers indluding yard waste deposited therein may not exceed
97 two hundred pounds. The yard material which will be so collected shall not include trees or large
98 limbs; and tree and shrub trimmings not susceptible to being stored for collection in
99 automated /semi- automated containers, bag3 or boxc3 shall be securely tied in bundlc3 not to
100 cxcccd two fcct in diameter or four feet in length. Yard trimmings must not be placed against
101 any building or fence so as to constitute a fire hazard. City service does not include the collection
102 of discarded fruit from trees, - - -.:: • • - - - : •- : : - • - . - - - : • - - - -
103
104 _ , - : .:: - -: -a, :. :- - -
105 E. In addition to the regulations adopted and charges imposed by subsections C and
106 D of this section, further charges are imposed in the following types of service:
107 '1. A charge of one dollar and eighty -four cents ($1.84), in addition to the regular
108 monthly charge, shall be made each time an extra can or partial can of refuse or yard material is
109 collected from any particular residential premises;
110 2. A charge of one dollar and thirty -seven cents ($1.37), in addition to the surcharge
111 for collecting refuse and yard material, shall be made for each extra container, bag, box or bundle
112 of tree or shrub trimmings, collected from any particular residential premises.
113 3. For a special garbage pickup, actual cost shall be charged to the customer. Actual
114 cost shall include the city's actual cost for labor, equipment rental, and landfill fees. The
115 minimum charge for this service shall be twenty -five dollars.
Section 2. Section 4.16.170 of the City of Yakima Municipal Code is hereby amended to
read as follows:
116 4.16.170 Collection
of garbage in residential district— Regulations.
117 There are established the following ,rules and regulations pertaining to receptacles,
118 preparation and care of garbage by property owners or persons in control in the residential
119 district:
120 (a) The owner or person in charge of or in possession of any dwelling, flat, duplex or
121 apartment house in the residential district shall at all times keep or cause to be kept portable
122 sanitary containers for the disposal therein of garbage and refuse and shall deposit or cause to be
123 deposited therein such garbage and refuse. '
124 (b) It shall be the duty of the owner or person in control of any dwelling, flat, duplex
125 or apartment house to furnish to and to see that his tenants are supplied with such sanitary
126 containers as provided in this chapter.
127 (c) Such containers shall be watertight, of good construction with no dents, and
• 128 except as provided in subsection (k) of this section, shall be of not more than thirty -two gallon
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129 capacity and shall have either a sturdy with a handle at each side thereof or other structure
130 adequate and appropriate for lifting and emptying the container during collectionand with tight
131 fitting lids. The gross weight of any container when full shall not exceed sixty -five pounds, unless
132 the customer has established carry -out service as provided in subsection (d)(1) of this section, in
133 which case the gross weight of any container when full shall not exceed fifty pounds. Empty
134 containers shall not weigh more than fifteen pounds.
135 (d) Subject to certain provisions stated below, Ggarbage or refuse containers shall be
136 kept on the residential property at all times. No containers shall be kept or stored on any public
137 alley -er, street, or within any public right -of -way. No containers shall interfere with the
138 convenient, sightly and sanitary enjoyment of private property.
139 (1) A reasonable time before regularly scheduled pickup, unless the refuse collection
140 customer has established carry -out service as specified in subsection (2) of this section, containers
141 shall be placed at the property line at the alley adjacent to the property, or, for properties not
142 adjoining an alley, at the curb of the adjoining street. A reasonable time after pickup, customers
143 shall return containers to their usual position.
144 (2) Refuse collection customers may establish carry -out service for garbage cans as
145 follows: "Carry -out service" as used herein'' means collection service for sunken containers or for
146 any container not placed at the property lime as specified in subsection (1) of this section. Carry -
147 out service containers shall be located for collection where they are convenient and accessible
148 within one hundred feet of the alley adjacent to the property, or, for properties not adjoining an
149 alley, within one hundred feet of the adjoining street.
150 (e) The owner or person in charge of such dwelling, flat, duplex or apartment house
151 shall maintain the place where said garbage cans are located in a clean and sanitary condition, and
152 shall at all times prevent said cans from being upset or spilled by dogs or any sources whatsoever.
153 Such cans shall be so secured as to render the cans inaccessible to marauding animals.
154 (f) All bottles, metal scraps, tin cans and glassware may be placed in the same can that
155 is used for wrapped or prepared garbage. Ashes and clinkers may be disposed of in the same can as
156 other garbage, but must be separately wrapped or contained within the can. Grass clippings,
157 rakings, leaves and rubbish that is not of a;putrescent nature may be placed in a nonporous
158 container.
159 (g) All garbage, before deposit the - container as hereinbefore provided for, shall be
160 wrapped in paper or other material in such manner as to prevent, as nearly as possible, moisture
161 from such garbage from coming in contact with the sides or bottom of the metal container.
162 (h) It shall be the duty of every person in possession, charge or control of any dead
163 animal, or of any premises on which the same may be located, to cause the same to be removed
164 and disposed of. No person in charge of such premises shall suffer, permit or allow such animal
165 to remain thereon for a period longer than twenty -four hours.- A- eharge Shall be made by the city
166 for the removal of such animals as follows.
167 F.._ caor other small animal, fifty ccnt3.
168 (i) All containers shall be placed for collection on'regularly scheduled pickup days in
169 such a position -that no employee or collector of the city refuse division shall be required to open
170 any gate or door or obstruction of any kind in order to obtain access to the same; provided,
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171 however, that such employee or collector may open the door or gate to an enclosure which is
172 specifically designed and used solely for keeping such containers.
173 (j) All animal excreta as set out; for collection shall be placed in a separate, tight,
174 disposable container and shall not be commingled with any other garbage or refuse.
175 (k) In lieu of garbage containers specified in subsection (c) of this section, drop -off
176 bins furnished by the city may be used to serve multiple dwellings and other premises where large
177 amounts of refuse are collected. Such bins shall be located on the private property where they are
178 convenient for collection service, or, when approved by the Manager of the Refuse Division of
179 the Department of Public Works, in the alley adjacent to the private property. , and tThe city
180 will furnish such drop -off bins at the upon request to the city department of public works made
181 by the owner or person in charge of the premises.
182 (1) Lids for all refuse containers, including containcr defined by subsections (c) and (k)
183 shall remain closed at all times except when refuse is being deposited into or emptied from such
184 containers. Such containers shall be kept in a sanitary condition with the outside thereof clean
185 and free from accumulating grease and decomposing matter.
186 (m) The Manager of the Refuse Division of the Department of Public Works may
187 waive any provision of sections 4.16.140 and 4.16.170 of this code when specific circumstances
188 render enforcement of such provision impossible or impracticable. Such waiver may be
189 conditioned on such terms as the Manager may determine are appropriate. Such waiver must be
190 stated in writing and shall be limited to its 'express terms. Any person aggrieved by an action of
191 the Manager regarding such a waiver may appeal the action the Director of the Department of
192 Public Works. Any person aggrieved by the Director's action regarding such appeal may appeal
193 to the City Council.
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.
ST
PASSED BY THE CITY COUNCIL, signed and approved this L day of December, 1999.
I ,
John Puccinelli, Mayor
ATTEST:
CEO L2—�� CI�Yi C
City Clerk
Publication Date: / c -7:P4' (79
Effective Date: 0I -
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ORDINANCE AMENDING CH. 4.16 YMC Page 6 of 6
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Rem No. 15
For Meeting Of December 21, 1999
ITEM TITLE: Consideration of Ordinance Amending Yakima Municipal Code, Title 4, Health
and Sanitation, Chapter 4.16 (Refuse)
SUBMITTED BY: Nancy Gaudette, Refuse Manager
Chris Waarvick, Director of Public Works
Larry Peterson, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Nancy Gaudette
576 -6421
SUMMARY EXPLANATION:
Sections of the Yakima Municipal Code, Title_ 4 Health. and Sanitation Chapter 4.16 are being
submitted for Council review and approval. Certain changes were brought about through
discussions held with the_ Mayor and the_ Targeted Areas Committee_ The. Division Manager has
also recommended some additional updates in order to enable the Refuse Division to properly
enforce_ code& Those_ updates_ are_ noted below.
• Changes brought about from discussions held with the Targeted Areas Committee, page 5,
lines 129 -131, line 135 &1 37; page 6, lines 177 -180 and 186 -193.
• Call -back Charge will also be imposed on yard waste containers, page 2, line 34 &35.
• Yard Waste container weights will not exceed two hundred pounds when filled and yard
waste collected from alternative method was deleted, page 4, lines 90 -104.
• Can size will be no more than thirty -two gallon capacity, page 4, line 128.
• The animal removal charge was dAIPteti, page 5, lines 165 -167.
• Other miscellaneous clean -up, page 3, line 76 -77.
The attached ordinance amendment updates the Yakima Municipal Code, Title 4, Health and
Sanitation, Chapter 4.16.
Resolution _ Ordinance X Contract _Other (Specify) Ordinance Amendment
Funding Source
APPROVED FOR SUBMITTAL: —���
City Manager
STAFF RECOMMEN.DATIOft Staff respectfully requests Council approval of the attached
Ordinance Amendment.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: