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HomeMy WebLinkAbout4250 4250 ORDINANCE NO. AN ORDINANCE amending regulations for the deposit and removal of refuse, and amending Bremerton Municipal Code Chapter 6.04 and repealing Chapter 6.20. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 6.04.030 is hereby amended to read as follows: 6.04.030 DEFINITIONS. (a) "Refuse" includes garbage, rubbish, ashes, swill and all other nonputrescible and putrescible wastes except sewage, from all public and private establishments and residences. (b) "Garbage" includes all putrescible wastes, except sewage and body wastes, including vegetable and animal offal and carcasses of dead animals, but not including recognized industrial by-products, and shall include all such substances from all public and private establishments and from all residences. (c) "Rubbish" includes all nonputrescible wastes includinq, but not limited to: (i) Broken or discarded furniture, household equipment, appliances and furnishinqs; (ii) Salvaqe materials and automobile parts, includinq tires, wheels, enqine parts, body parts, interior parts and auto glass; and (iii) Abandoned, broken or neqlected equipment and machinery. all rcsidencas. (d) "Ashes" includes the solid waste products of coal, wood and other fUels used for heating and cooking from all 1 public and private establishments and from all residences. ~ sk~!! include thc feminine gender. (f) "Swill," as used in this chapter, includes every refuse accumulation of animal, fruit or vegetable matter, 1 iquid or othe~ise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit, and vegetables, except coffee grounds. (g) "Health Officer" means an enforcement officer of the Kitsap County Health Department .~ ~ I *fY CO~R Y ~ ~ r~pr~s~ntativas. Section 2. ~endment. Section 6.04.050 is hereby amended to read as follows: 6.04. 050 UN~WFUL DISPOSAL. (a) It shall be unlawful for any person to bury, burn, dump, collect, deposit ~ or in any manner dispose of refuse ~ or swill upon any street, alley, public place or private property within the city, othe~ise than as herein provided in this Chapter. (b) TA~* ...... ~ ....... ~ ~ ="~ ~ ~ Brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens may be burned, upon special permit from the fire chief or fire 2 marshall, in outside fireplaces, private incinerators or in open fires. (c) It shall be unlawful to dump, place, bury, deposit or throw any oil, grease, offal or other refuse on the water, tidelands, or beaches within and banks surreunding the city~--e~=p~ en regularly established sanitary fills. Section 3. New Section. A new Section is hereby added to Chapter 6.04 to read as follows: 6.04.062 REFUSE ABATEMENT. It shall be the duty of the Building Official, whenever there is on any property in the City any accumulation of refuse in violation of this chapter to give notice in writing to the owner thereof or to the agent of such owner if known, or to the occupant or tenant of the premises, requiring such person to remove such refuse from such property within Seventy-two (72) hours. Such notice shall contain: 1. The name of the owner, occupant, tenant or agent of the property. 2. The street address or legal description sufficient for identification of the property upon which the refuse is located. 3. A description and location of the refuse in violation of this section. 4. The date the notice was issued and the signature of the building official. 5. The date and time specifying when the refuse must be removed. 3 6. A statement advising the owner and occupant or tenant that failure to comply with the order may result in citation for a misdemeanor pursuant to Section 6.04.050 of this section. Section 4. New Section. A new Section is hereby added to Chapter 6.04 to read as follows: 6.04.064 WORK DONE BY CITY. (a) Where the owner, occupant, tenant or agent of such owner fails to remove the rubbish or garbage within seventy-two (72) hours, the building official may cause the removal of the same. The work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of the Building Official. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed. (b) The cost of such work shall be paid from the building abatement fund and shall be collected as a personal obligation of the property owner, and reimbursed to the said fund. Section 5. New Section. A new Section is hereby added to Chapter 6.04 to read as follows: 6.04.066 COLLECTION OF EXPENSE BY CITY. (a) Account of Expense. The building official shall keep an itemized account of expense incurred for the removal of rubbish or garbage from a property. Upon completion of the work, the building official shall prepare and file with the City Clerk, a report specifying the work done, the itemized total cost of the work, a description of the property upon which garbage or rubbish was 4 removed, and the name and addresses of the owner, occupant, tenant or agent of the owner. (b) Report Transmitted to Council. Upon receipt of the report, the City Clerk shall present it to Council for consideration. The Council shall fix a time, date and place for hearing the report and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in Bremerton, and served by certified mail, postage prepaid, addressed to the owner, occupant, tenant or agent of the owner. Such notice will be given at least ten (10) days prior to the date set for hearing and shall specify the date, hour and place when the Council will hear and pass upon the building inspection report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. (c) Protests and Objections. Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk prior to the hearing. Each protest must state the grounds of such protest or objection. The Clerk shall present such protests and objections to the Council at the time of the hearing and no other protests or objections will be considered. (d) Hearing. The Council shall hear and pass upon the report of the Building Official, together with objections and protests. The Council may revise or modify the report as it may deem just. 5 When the Council is satisfied with the correctness of the charge, the report, together with the charge, shall be confirmed or rejected. If confirmed, the charge shall be paid to the Treasurer within thirty (30) days of billing, and if delinquent, shall be filed as a garbage collection and disposal lien upon the property. Section 6. Repeal. Section 6.04.100 DISPOSAL OF GARBAGE AND OTHER REFUSE is hereby repealed in its entirety. Section 7. Repeal. Chapter 6.20 is hereby repealed in its entirety. Section 8. Effective Date. This ordinance shall become effective ten (10) days from passage and publications. APPROVED by the City Council on the first reading this ~ day of , ~ , 1989. PASSED by the City Council of the City of Bremerton this day of ) / O-L~' ~ 1989. Council President APPROVED this ' ~ day of ~' /: ~--~t c/~ , 1989. GEnE LOBE, Mayor~ j~EST: KATHLEEN L. McCLUSKEY, Clerk / 6 E~I~ ~: / J - ,I~.,'-~ - f