HomeMy WebLinkAbout11/05/2019 11 Increase Tax for Private Refuse Haulers, YMC 4.16.180 - Public Hearing 't..an,gtntj ka
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 11.
For Meeting of: November 5, 2019
ITEM TITLE: Public Hearing and ordinance to amend Yakima Municipal Code
4.16.180 to increase the license tax for private refuse haulers
SUBMITTED BY: Scott Schafer, Interim Assistant City Manager
David Brown,Acting Director of Public Works, 509-575-6204
SUMMARY EXPLANATION:
On October 1, 2019, Council directed staff to prepare legislation to amend Yakima Municipal
Code 4.16.180 to increase the License Tax on private refuse haulers from 16% to 25%. The
increase in license tax will fund the Clean City Program.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED 1-1 , '' - ,} ) Interim
FOR '' City
SUBMITTAL: _ Manager
STAFF RECOMMENDATION:
Pass Ordinance
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D redl i rye 10/30/2019 r Merr��a
C dean ordinance /3/2019 C rdinance
2
ORDINANCE NO. 2O1S^
ANOFl[)|NANCE amending License Tax section of Yakima Municipal Code section 4.lG.
Garbage Storage, Collection and Disposal
VVHEFlE/\S` RC18/ 3522.lU5. RC18/ 352l.l2O. and RCVV352l.l3O. give cities primary
responsibility to manage solid waste collection and disposal and provides for the ability to contract
for said services where appropriate; and
WHEREAS, the City Council has authorized the formation of the Clean City Program,
which will provide additional services throughout the City of Yakima; and,
WHEREAS, the City Council finds that the license tax rate section should be increased to
twenty-five percent (25%); and
WHEREAS, the City Council finds and determines that adoption of this ordinance
amending the license tax rate section, Yakima Municipal Code section 4.16.180 in the public
interest and in the best interest of the City and its residents; now, therefore,
BE |T ORDAINED BY THE CITY OFYAK|MA:
Section 1. Section 4.16.180 of the Yakima Municipal Code is hereby amended to read as
follows:
A. License Required. No person, association or cooperation shall engage in the business of
collecting and hauling 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 without obtaining a license therefor
and complying with regulations of this section.
B. Application—Fee—Bond. Written application for the licenses or renewals thereof on forms
provided by the city clerk shall be accompanied by payment of a yearly basic license fee of ten
dollars, payable on or before January 1st of each year. The term of the license shall commence
on January 1 st of each year. In the event of an application for a license for a period of less than
one year, the basic fee shall nevertheless be paid in full. The basic fee of ten dollars shall be
credited against the license tax provided for by subsection C of this section. Upon notification to
the city clerk, licenses may be transferred to purchasers or assigns of the licensee's equipment
or business. No basic fee shall borefunded.
At the time of making application, the applicant shall furnish a bond in the amount of five
thousand dollars, issued by a surety company authorized to do business in the state of
Washington, the form of which bond shall be conditioned on the faithful compliance by the
applicant with the provisions of this chapter, and further conditioned that the collection,
transportation and disposal of garbage, refuse and debris shall be carried on by applicant
according tu the laws of the state of Washington, the ordinances of the city of Yakima and the
rules and regulations of the Yakima County Health District.
C. License Tax |nopoued--Anoount.
3
!GViGd upon every person, association or corporation holding a license for the GolloGtion
and hauling of garbage, refu�c or debris within the rity, or in gathering the same within the
Gity for disposal at Game point OF area outside of the Gity, a tax for the privilege of doing so,
quarterly Period for...hiGh it is due
(?) Commencing jonuzry1 . 1Q83' und effective until December 31' 1&Q3. there )slevied
upon GVGFY PGFGQR, a&GQGiatiQR OF corporation holding a license for the GolloGtion and
for disposal at some point or area outside of the city, a taxfoF the pFiyilege of doing so,
-.uch tax to be cq ual to ten percent of the ra-,h rercipts from all cu-.temcrs within the rity
quarterly Period for which it is di IG
parson, association or corporation holding a license for the collection and hauliRg of
garb3ga, rof use or debris within the city, or in gathering the ca me within the city for
disposal at some point or area outside of the Gity, a taxf9F the pFiyilege of doing so, suGh
tax to be equal to ten percent of the c;a,-h receipts from ali customer-- within the city --crvcd
by the liGeRse holder. Such tax shall be due and payable in quarterly installments, for
quarterly period forwhiGh it is due
person, association orcoroorabvn holding alicense
garbage, refuse or debris within the city, or in g3tharing the came 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 --ixtcori perrcnt of the ca-,h rercipts from all custemors within the rity
sepved by the liGense holder. SuGh tax shall be due and payable meRthly and remittance
Commencing FebruarV 1 . 2020, arid effective thereafter, there is levied upon every
person, association ercorporation holdinqm license for the collection and hauling of
qarbaqe, refuse or debris within the city, or in qathering the same within the citv for
disposal at some point or area outside of the city, a tax for the privileqe of doinq so, such
taxtoheeVua| tnhmnnty-fivepercnnt (25%) ofthncoxhreceiptxfronna|| cuxtvrnersvvithin
the city served by the license holder. Such tax shall be due and paVable monthly and
remittance therefor shall be made enor before thirty days after the end of the last
prncnding calendar month for which itiudue.
D. Manner of Payment—Audit of Records of Licensee. Payment of the tax imposed by
subsection C of this section shall be made to the office of the treasurer of the city of Yakima
*
accompanied by a report of the licensee of the amount of gross cash receipts from customers
within the city for the period for which the tax is paid, which report shall contain such information
as may be deemed necessary or desirable by the treasurer to administer the collection of such
tax. License holders shall afford access at all reasonable times to their books and records for
inspection and audit by the city finance officer or other auditor appointed by the city manager or
engaged by the city for that purpose, for the purpose of verifying the accuracy of reports and the
amounts of tax payments made to the city treasurer pursuant to this section.
E. Rules and Regulations. There are established the following rules and regulations for the
collection and hauling of garbage, refuse and debris in the business classification, as defined by
\'MC41G.l4O:
1. The beds of all trucks used by licensee within the city shall be of metal construction
and completely watertight. Truck beds must be kept clean and free of any accumulation of
garbage or other refuse.
2. All licensed collectors, after loading trucks, must leave all alleys and streets in a clean
and sanitary condition. Such collectors shall not permit any material to be dropped or
spilled from trucks inur upon any of the public ways uf the city.
3. The charge for collection in the business class shall be paid by the owner or person in
charge of the place from which such garbage or refuse shall be removed. Such charge
shall be agreed upon between such person and the collector. Each licensed collector shall
furnish tnthe city nfYakima semiannually a list nfall accounts and frequency of collection
thereof.
4. The owner or person in control or charge of each building in the business class shall
maintain for refuse storage and disposal metal containers of good and watertight
construction with no dents of not more than thirty-gallon capacity with a handle on each
side thereof and tight-fitting lids, the gross weight of which container when full shall not
exceed seventy-five pounds. In lieu of such containers, the premises may be served with
drop-off bins; provided, bins with a capacity of one and one-half cubic yards (40.5 cubic
feet) or greater shall not be stored within five feet of combustible walls, openings or
combustible ruof|ineeaves.
Refuse containers shall be placed on the premises in such a manner and at such a location so
as to be readily accessible for collection and shall not be kept unthe street, alley, sidewalk or
other public place; provided, that garbage cans or other approved containers may be placed on
a platform or rack in the alley in back of the premises in a location approved by the code
administration manager 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.
F. Revocation of License. A license issued pursuant to this section is subject to revocation by
the city manager on a hearing conducted by him, after notice of such hearing given to the
licensee no less than five days prior to the date of such hearing, on the finding by the city
manager that a licensee has failed tu comply with any provision of this section or with any city
ordinance applicable to the conduct of the business of the licensee. In the event of the
revocation of a license by the city manager as provided herein, the licensee shall have the right
5
to a hearing on the matter by the city council on the filing with the city clerk of a written notice of
appeal within ten days after the city manager's revocation of the license. The decision of the city
council on such appeal shall be final and conclusive.
G. Purpose of Section. This section is enacted to provide regulation of the business of
garbage collection within the city and to provide revenue for the operation of necessary city
functions.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
Section 3. Effective Date. 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 approved this 5'h day of November, 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
s
ORDINANCE NO. 2O1S^
ANOFl[)|NANCE amending License Tax section of Yakima Municipal Code section 4.lG.
Garbage Storage, Collection and Disposal
VVHEFlE/\S` RC18/ 3522.lU5. RC18/ 352l.l2O. and RCVV352l.l3O. give cities primary
responsibility to manage solid waste collection and disposal and provides for the ability to contract
for said services where appropriate; and
WHEREAS, the City Council has authorized the formation of the Clean City Program,
which will provide additional services throughout the City of Yakima; and,
WHEREAS, the City Council finds that the license tax rate section should be increased to
twenty-five percent (25%); and
WHEREAS, the City Council finds and determines that adoption of this ordinance
amending the license tax rate section, Yakima Municipal Code section 4.16.180 in the public
interest and in the best interest of the City and its residents; now, therefore,
BE |T ORDAINED BY THE CITY OFYAK|MA:
Section 1. Section 4.16.180 of the Yakima Municipal Code is hereby amended to read as
follows:
A. License Required. No person, association or corporation shall engage in the business of
collecting and hauling 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 without obtaining a license therefor
and complying with the regulations Bf this section,
B. Application—Fee—Bond. Written application for the licenses or renewals thereof on forms
provided by the city clerk shall be accompanied by payment of a yearly basic license fee of ton
dollars, payable on or before January 1st of each year. The term of the license shall commence
on January 1st of each year. In the event of an application for a license for a period of less than
one year, the basic fee shall nevertheless be paid in full. The basic fee of ten dollars shall be
credited against the license tax provided for by subsection C of this section. Upon notification to
the city clerk, licenses may be transferred to purchasers or assigns of the licensee's equipment
or business. Nn basic fee shall berefunded.
At the time of making application, the applicant shall furnish a bond in the amount of five
thousand dollars, issued by a surety company authorized to do business in the state of
Washington, the form of which bond shall be conditioned on the faithful compliance by the
applicant with the provisions of this chapter, and further conditioned that the collection,
transportation and disposal of garbage, refuse and debris shall be carried on by applicant
according to the laws of the state of VVashington, the ordinances of the city of Yakima and the
rules and regulations of the Yakima County Health District.
C. License Tax |nnpn»ed--Annnunt.
7
Commencing February 1, 2020, and effective thereafter, 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 twenty-five percent (25%) of the cash receipts from all customers within
the city served by the license holder. Such tax shall be due and payable monthly and
remittance therefor shall be made on or before thirty days after the end of the last
preceding calendar month for which itiodue.
D. Manner of Payment—Audit of Records of Licensee. Payment of the tax imposed by
subsection C of this section shall be made to the office of the treasurer of the city of Yakima
accompanied by a report of the licensee of the amount of gross cash receipts from customers
within the city for the period for which the tax is paid, which report shall contain such information
as may be deemed necessary or desirable by the treasurer to administer the collection of such
tax. License holders shall afford access at all reasonable times to their books and records for
inspection and audit by the city finance officer ur other auditor appointed by the city manager or
engaged by the city for that purpose, for the purpose of verifying the accuracy of reports and the
amounts of tax payments made to the city treasurer pursuant tothis section.
E. Rules and Regulations. There are established the following rules and regulations for the
collection and hauling of garbage, refuse and debris in the business classification, as defined by
YMC4.18.l40:
1. The beds of all trucks used by licensee within the city shall be of metal construction
and completely watertight. Truck beds must be kept clean and free of any accumulation of
garbage nr other refuse.
2. All licensed collectors, after loading trucks, must leave all alleys and streets in a clean
and sanitary condition. Such collectors shall not permit any material to be dropped or
spilled from trucks inor upon any uf the public ways of the city.
l The charge for collection in the business class shall be paid by the owner or person in
charge ufthe place from which such garbage ur refuse shall be removed. Such charge
shall be agreed upon between such person and the collector. Each licensed collector shall
furnish to the city of Yakima semiannually a list of all accounts and frequency of collection
thereof.
4. The owner or person in control or charge of each building in the business class shall
maintain for refuse storage and disposal metal containers of good and watertight
construction with no dents of not more than thirty-gallon capacity with m handle on each
side thereof and tight-fitting lids, the gross weight of which container when full shall not
exceed seventy-five pounds. In lieu of such containers, the promises may be served with
drop-off bins; provided, bins with a capacity of one and one-half cubic yards (40.5 cubic
feet) or greater shall not be stored within five feet of combustible walls, openings or
combustible rouOineeaves.
Refuse containers shall be placed on the 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, that garbage cans or other approved containers may be placed on
8
a platform or rack in the alley in back of the premises in a location approved by the code
administration manager 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.
F. Revocation of License. A license issued pursuant to this section is subject to revocation by
the city manager on a hearing conducted by him, after notice of such hearing given to the
licensee no less than five days prior to the date of such hearing, on the finding by the city
manager that a licensee has failed to comply with any provision of this section or with any city
ordinance applicable to the conduct of the business of the licensee. In the event of the
revocation of a license by the city manager as provided herein, the licensee shall have the right
to a hearing on the matter by the city council on the filing with the city clerk of a written notice of
appeal within ten days after the city manager's revocation of the license. The decision of the city
council on such appeal shall be final and conclusive.
G. Purpose of Section. This section is enacted to provide regulation of the business of
garbage collection within the city and to provide revenue for the operation of necessary city
functions.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
Section 3. Effective Date. 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 approved this 5'h day of November, 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date: