HomeMy WebLinkAbout10/20/2009 21 Health and Sanitation, YMC Amendment to 4.16.145 BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2-
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
® 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:
•
ORDINANCE NO. 2009
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:
4.16.145 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 binccontainers. 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
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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.
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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 (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 approved this day of October, 2009.
David Edier, Mayor
ATTEST:
City Clerk
Ordinance No.:
•
Publication Date:
Effective Date:
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