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HomeMy WebLinkAbout4431 ORDINANCE NO. z'/~_/ A AN ORDINANCE revising Chapter 6.04 of the Bremerton Municipal Code pertaining to collection and disposal of garbage and refuse in the City of Bremerton. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Chapter 6.04 of the Bremerton Municipal Code is amended to read as follows: 6.04.010 TERRITORY INCLUDED. This chapter shall apply to all territory included within the corporate limits of the City, and 6.04.020 INTENT OF THIS CHAPTER. The maintenance of health and sanitation require, and it is the intention hereof, to make the collection, removal and disposal of garbage and refuse ~nd dead an~m"2s within the City, compulsory and universal. 6.04.030 DEFINITIONS. Lg,l "Cans" means strong, watertight, not easily corrodible, rodent-proof, insect proof containers of the type normally manufactured and used to contain garbage and shall have two handles at the sides thereof and a tight fitting, fly-proof, insect-proof lid of solid construction. (h) "Mini cans" means cans of no more than 20 gallons capacity in volume nor 40 pounds in weight, including contents. ~ "Standard trash cans" means cans of no more than 32 gallons or 4'cubic feet of capacity nor 65 pounds in weight, including contents. ~j) "Yard waste" means grass clippings, leaves, loose plant material, and branches or GARBAGE.JJM - 7~26/93 1 sticks less than one inch in diameter and no more than three feet (3') in length. Yard waste shall not include any substance otherwise within this definition that has been contaminated by hazardous waste, fecal matter, or any other substance that will inhibit the natural decomposition of the yard waste. 6.04.040 ACCUMULATION AND DISPOSAL OF REFUSE· .... v ........................ on request, the garbage collector may provide a solid waste container larger than the standard trash can and that may be suitable for automated pick up. The lids shall not be removed, except when necessary to place garbage and refuse in such cans or take the same therefrom. When garbage and refuse is placed therein or taken therefrom, such lid shall be securely replaced by the person placing the same therein or taking the same therefrom. Such cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material. ................ j .,.~, of a v ............... j ,,,,, eas accessible to the garbage truck on collection day. (dc_) Each garbage can shall be kept clean inside and out so that no odor nuisance GARBAGE.IJM - 7/26/93 2 shall exist. (ed_) In the case of isolated dwellings or places of business located in sparsely settled portions of the City, or where reasonable access cannot be made by truck, garbage and refuse therefrom may, upon special arrangement with the garbage collector, by be otherwise collected, removed and disposed of. Garbage and swill shall not be disposed of upon private premises by incineration. (~) Large suitable containers for collection of both garbage and refuse may, with the approval of the collector, be used by hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals, and in the business district. (h-_f) It shall be the duty of every person to cause garbage and refuse to be removed and disposed of only by the garbage collector, Provided, however, That items that will not fit within a garbage container may be transported .by the owner thereof to a county approved disposal site for disposal. (i-g) It shall be the duty of every person in possession, charge or control of any dead animal or upon whose premises the same may be located to forthwith cause the same to be removed and '~: ..... .4 ^c ~... ~. .... ~. .....u~,~. ly -..~v,- ..... j ....~,-,.,,,~ .........proper disposed of by Animal Control and to pay the required disposal fee. 6.04.050 UNLAWFUL DISPOSAL. (c) It shall be unlawful to dump, place, bury, deposit or throw any garbage, oil, GARBAGE.JJM - 7/26/93 3 grease, offal yard waste or other refuse on the water, tidelands or beaches within the City, upon public property or private property of another or to dispose of such garbage, 0il, grease, offal, yard waste or other refuse in such a manner so as to allow the same to enter the City's water, waste water or stormwater discharge system or as prohibited by BMC 15.02.210or 15.03.210. (d) It shall be unlawful to dispose of garbage or refuse by placing such garbage or refuse into a garbage collection container which another person owns or pays for the use of without that person's express consent. 6.04.055 DIVERSION OF RECYCLABLES. No person may divert to personal or commercial use any recyclable material placed in a container as part of a recycling program, without the consent of the generator of such recyclable material or the solid waste collection company operating under contract with the City. ~ t~4 n~n OttOhTXlkt t~Xt t a I~TI~t'~Xtl~TlXD t~n t~t"ttl:)tl::D t. "~:^" to enforce 6.04..062 REFUSE ^B^TEME~. It shall be the duty of the Building Official, whenever there is on any prope~y in the City any accumulation of refuse in violation of this chapter to give notice tn writing to the owner thereof or to the agent of such owner ~f known, or to the occupant or tenant of the premises, requiring such person to remove such GARBAGE.JJM - 7/26/93 4 refuse from such property within Seventy-two (72) hours, Provided, however, That an attempt shall be made to first give notice to that person believed by the Building Official to have caused the accumulation of refuse. Such notice shall contain: (f) A statement advising the owner and occupant or tenant that failure to comply with the order may result in citation fc, r a m:.3dcmc~c,r pursuant to Section 6.04.160 of this section. 6.04.070 TIME OF COLLECTION. The garbage collector shall collect, remove and dispose of all garbage and refuse in the residential sections of the City at least once each .......... groccryo~,,.,. ,t ,.,,o~ ~.~,.,. a ..... and from all other aces as often as shall be found necessary, but not less than once a week~.._ aAll places of business shall have their garbage ed ~c. ..... ~'^" '~: ............ '~ ....... ~' day frequently ay be necessary to avoid the creation of a nuisance or the violation of any ordinance, regulation or law, but in no event less than once a week with at least 24 hours between collections; Provided, however, That a dispute over the frequency of collection determined to be appropriate by the garbage contractor may be appealed pursuant to BMC 6.04.090. GARBAGE.JIM - 7/26/93 5 APPEALS. 6.04.090. APPEALS. Determinations made by the garbage c,ontractor regarding the frequency of collection or the size of solid waste containers required of the public may be appealed to the City's Combined Board of Appeals. Such Board shall have no authority to resolve disputes over the rate charged by the garbage colleCtor. ~ /%A I I/5 1'~" A 1"% A 1%TT~.,I' A · I~,g'"%T~T~C~ T'~,~..I ~.:'~1 1~.-I:~ ~1~--11 1~ ~n'.-~.~.4 6.04.120 PAYMENT OF CHARGES. The charges for garbage and refuse collection and disposal shall be compulsory and universal. Said charges shall be billed and collected by the garbage co]lector at his own cost. Every occupant of the property and every owner of thc property for which garbage and refuse collection and disposal services are rendered shall bc responsible for and shall pay, without delinquency, all charges therefor. The charges shall bc paid to thc garbage collector and at his office by thc person or persons responsible and shall be paid not later than thirty days after the billing therefor is mailed, and if not so paid, the charges shah be deemed delinquent. In the event of delinquency, any such charge or charges shall bca lien against thc property for which thc collection and disposal of garbage and refuse was rendered. Such a lien shall be prior to all other liens and encumbrances filed subsequent to the filing with the County Auditor of Kitsap County of such notice of lien except liens for general taxes and local improvement assessments, GARBAGE.JJM - 7/26/93 6 provided notice of such lien is given as provided by law. Interest shall accrue upon delinquent accounts at the rate of $0.50 ^:~'~ ,~,~.., ~, ....... v,~. year or one percent per month whichever is greater, until fully paid. Billings for acCount shall be mailed to the person or tenant in possession unless special instructions to the contrary are received from the owner. 6.04.130 SCHEDULE OF FEES. The fees to be charged by the contractor for its garbage and refuse collection services to the residents of the City shall be fixed by rc~c.l'at~on ~....~., .~.~....~ -~-Jr';*" ._..~...~.r' ..... ;' contract, and shall be included in and be a part of any agreements or contracts between the City and the contractor. Fees shall be based upon the volume or weight of garbage or refuse and the distance from a public thoroughfare of said garbage or requested collection is of such an unusual size, or at some time other than when regular collections are made of the premises, a special charge based on the extra expenditure of labor and equipment shall be set by the garbage collector based upon schedules established by thecontract, .... ~.~ ~ ~,~.,:~h~.~ ~.., ,h ....... GARBAGE.IJM - 7/26/93 7 6.04.160 PENALTY FOR VIOLATIONS. .... ; v,, .............. ~, ~':y of the as o~he~se provid~ by this chapter, all violations of the provisions of this chapter shall constitute civil infractions and shall be punishable as follows: The maximum civil penalty per day or potion ther~f for flch violation is as follows: i. First Conviction $100.00/Day ii. S~ond Conviction for Same Violation $200. ~/Day iii. Third Conviction for Same Violation $300.00/Day iv. Addition~ Convictions for Same Violation in Excess of Three $5~.00/Day Section 2. Effective Date, This ordinance sh~l become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremenon this ~ ~ day of ¢,~q,, , 1993. G~BAGE.I~ - 7/26/93 8 PASSED by the City Council of the City of Bremerton this '~ ' day of [~-~ ~7' ~ ~.l ~q.~, 1993. APPROVED this ~,\ day_of LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKIEY, City Clerk GARBAGE.JIM - 7/26/93 9