Chapter 8.28
SOLID WASTE

Sections:

Article I. In General

8.28.010    Definitions.

8.28.020    Collection area – Duty of owner or occupant.

Article II. Collection and Disposal

8.28.030    Who may collect, dispose of rubbish.

8.28.040    Supervision of collection – Regulations authorized.

8.28.050    Licensing procedure – Fee.

8.28.060    New service fee.

8.28.070    Appeals from decisions of the Solid Waste Superintendent.

8.28.080    Preparation of refuse.

8.28.090    Refuse containers – Nature and size of containers.

8.28.100    Refuse containers – Duty to provide and maintain in sanitary condition.

8.28.110    Refuse containers – Ashes.

8.28.120    Refuse containers – Collection point.

8.28.130    Storage of refuse.

8.28.140    Collection practices.

Article III. Rates, Charges, Billing Procedure

8.28.150    Collection at ground level of right-of-way.

8.28.160    Delinquent accounts.

8.28.170    Responsibilities of owner of premises.

Cross reference(s) Cleanliness of premises where domestic animals are kept, GJMC 6.08.010; certain solid waste disposal and collection practices declared nuisances, GJMC 8.08.060.

Article I. In General

8.28.010 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ashes means the residue from the burning of wood, coal, coke, or other combustible material.

Garbage means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking or consumption of food.

Refuse means all putrescible and nonputrescible solid waste, except human body wastes, ashes, street cleanings, dead animals, abandoned motor vehicles, solid market and industrial wastes, and all material or substances which are hazardous, infectious, toxic, or contain radioactive particles or are regulated by any federal or State law concerning hazardous, toxic or other similar substances or materials.

Residential means used by natural persons for living accommodations, but excludes structures or uses containing eight or more dwelling units.

Rubbish means nonputrescible solid waste consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials, but excluding ashes.

(Code 1994 § 30-1; Code 1965 § 14-2)

Cross reference(s) Definitions generally, GJMC 1.04.020.

8.28.020 Collection area – Duty of owner or occupant.

It shall be the duty of each owner or occupant of property from which refuse is collected to provide a surface or area with sufficient structural integrity so that the refuse collection trucks and equipment may safely operate thereon.

(Code 1994 § 30-2; Code 1965 § 14-10(d))

Article II. Collection and Disposal

Cross reference(s) Buildings and building regulations, GJMC Title 15.

State law reference(s) General police powers, § 31-15-401, C.R.S.

8.28.030 Who may collect, dispose of rubbish.

(a)    Refuse accumulated in the City shall be collected, conveyed and disposed of in accordance with applicable statutes, rules and regulations including, but not limited to, § 31-15-401, C.R.S.

(b)    No person other than as authorized and otherwise in compliance with applicable statutes, rules and regulations shall collect, convey over any of the streets in the City, or dispose of, any refuse accumulated in the City. The City shall have the sole and exclusive right to serve and charge for service any and all residential customers of the City existing as of April 9, 1994. Areas annexed on or after April 9, 1994, may be served by the City or a private refuse provider in accordance with § 30-15-401, C.R.S. This article shall not prohibit the actual producer of refuse, or the owner or occupant of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse provided such refuse is of a nature not normally collectible or is in addition to the amount normally collected from the producer and the disposal of such refuse is in compliance with the provisions of this article and with any other applicable ordinance(s), statute(s), rules and regulations. Hauling by the producer shall not effect the obligation of residential refuse producer(s) or owner(s) to pay the charges established by this article.

(Code 1994 § 30-26; Code 1965 § 14-3)

8.28.040 Supervision of collection – Regulations authorized.

The City Manager shall have the authority to adopt regulations concerning the days of collection, type and location of waste containers, routes, safety and related matters and such other matters pertaining to collection, conveyance and disposal of refuse as he shall find necessary and to change and modify such regulations after notice as required by law; provided, that such regulations are not contrary to law.

(Code 1994 § 30-27; Code 1965 § 14-4)

8.28.050 Licensing procedure – Fee.

Licenses referred to under this article shall be granted in accordance with Chapter 5.04 GJMC and under regulations established by the City Council. Such license shall be issued upon payment of a license fee as established by resolution of the City Council and on file in the City Clerk’s office for each refuse/recycling motor vehicle or truck which operates in or on the City rights-of-way. Such fee(s) shall be nonrefundable and shall be revocable upon violation of any regulation or ordinance of the City or other applicable law. Any person operating in the City without such license shall be guilty of a misdemeanor.

(Code 1994 § 30-28; Code 1965 § 14-5)

8.28.060 New service fee.

Whenever a solid waste account is created or is changed, a service fee in the amount as established by resolution of the City Council and on file in the City Clerk’s office shall be charged for the creation or change of the account, unless at the same time water or sewer service is being commenced or changed and a fee is being charged therefor. Such account change fee shall be in addition to any and all collection fees.

(Code 1994 § 30-29; Code 1965 § 14-6)

8.28.070 Appeals from decisions of the Solid Waste Superintendent.

Any person aggrieved by the application of a regulation, or fee charged by, or the decision made by the City may appeal to the City Manager or his designee, who shall have the authority to confirm, modify or revoke any such fee or decision or the application of a regulation.

(Code 1994 § 30-30; Code 1965 § 14-7)

8.28.080 Preparation of refuse.

(a)    Refuse. Each producer of refuse shall, before placing such refuse for collection, drain from the refuse all free liquids and shall contain all refuse in an approved container.

(b)    Cans and Bottles. Each producer of refuse cans and bottles shall thoroughly rinse and drain all such cans and bottles before depositing them for collection.

(c)    Trimmings and Clippings. Each producer shall cut tree trimmings, hedge clippings, and similar materials to lengths not to exceed three feet before depositing such materials in a approved container for collection.

(Ord. 2988, 3-5-97. Code 1994 § 30-31; Code 1965 § 14-8(a))

8.28.090 Refuse containers – Nature and size of containers.

All refuse containers serviced by the City shall be approved by the City. Containers for recyclables shall meet the requirements and specifications established by the City Manager. The owner or producer shall remove all noncomplying containers from service and from the public rights-of-way.

(Ord. 2988, 3-5-97. Code 1994 § 30-32; Code 1965 § 14-8(b)(1))

8.28.100 Refuse containers – Duty to provide and maintain in sanitary condition.

Every refuse producer shall maintain his refuse containers in sanitary condition. The City Manager shall have the authority to refuse collection services and/or remove containers from service for failure to comply with this article.

(Ord. 2988, 3-5-97. Code 1994 § 30-33; Code 1965 § 14-8(b)(2))

8.28.110 Refuse containers – Ashes.

Ashes shall be contained in paper or plastic bags and shall be cold. The generator of any hot ashes shall be liable for damages including damages to any City-owned container.

(Ord. 2988, 3-5-97. Code 1994 § 30-34; Code 1965 § 14-8(b)(3))

8.28.120 Refuse containers – Collection point.

Containers shall be kept on the owner’s or tenant’s premises and off the City right-of-way except on the days of pickup.

(Code 1994 § 30-35; Code 1965 § 14-8(b)(4))

8.28.130 Storage of refuse.

(a)    No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not, within the City, except in proper containers for collection or under express approval granted by the City Manager or other authorized City official. No person shall throw or deposit any refuse in any stream, other body of water, or any place other than a lawfully designated sanitary landfill site.

(1)    Unauthorized Accumulations. Any unauthorized accumulation of refuse on any premises is hereby declared to be a public nuisance and is prohibited.

(2)    Scattering of Refuse. No person shall cast, place, sweep or deposit anywhere within the City any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, or other public place, or onto any premises, occupied or not, within the City.

(3)    Depositing Refuse in Container of Another. No person shall place or deposit his refuse in the container of another or in a manner so that it will be collected as though it had been generated by another.

(b)    Refuse containers shall:

(1)    Be placed for collection at the ground level of the right-of-way designated by the City Manager.

(2)    Be accessible from the curb of the street or side of the alley from which collection is made.

(3)    Not obstruct a sidewalk.

(4)    Not be more than two feet from the traveled portion of the rights-of way.

(5)    Not be placed within three feet of any obstruction.

(c)    City solid waste equipment operators may not enter private property to collect residential refuse. The City Manager may provide additional services when extra payment is agreed upon by both parties for the additional service rendered.

(Ord. 2988, 3-5-97. Code 1994 § 30-36; Code 1965 § 14-8(c))

8.28.140 Collection practices.

(a)    Limitation of Quantity.

(1)    Residential. The City shall collect from its customers a designated volume of refuse not to exceed the volume of the container during the collection period for a specified charge. Extra accumulations or nonrefuse items may be collected upon request. The City shall have the authority to refuse to collect extra accumulation of refuse and/or nonrefuse items, or it may require additional charges for such amounts.

(2)    Commercial. The City shall collect from its customers the amount of refuse agreed upon according to the weight, volume and frequency of collections. The City may collect additional amounts of refuse which shall require the payment of additional charges, which additional charges shall be established by the City Manager.

(b)    Special Refuse Problems.

(1)    Contagious/Diseased Refuse. No person shall deposit or place for collection any garbage, refuse, rubbish or substance or thing which is contagious, infectious, or contains any disease producing item or thing regulated by the State Department of Health including, but not limited to, those organisms, conditions, substances or activities controlled in Title 25, C.R.S.

(c)    Collection Practices.

(1)    Requirements for Vehicles. Persons who dispose of waste material which is not refuse and all persons who haul refuse in the City or over the streets in the City shall use a watertight hauling area provided with a tight cover and operated so as to prevent offensive odors escaping therefrom and to prevent refuse from being blown, dropped or spilled.

(2)    Disposal. Disposal of refuse shall be made outside the City limits, unless otherwise specifically authorized by the City Manager. The City Manager shall have the authority to permit the disposal of such material in a City sanitary landfill if one exists, provided the charge(s) as provided in this article is paid.

(3)    Rules and Regulations. The City Manager shall have the authority to adopt such other regulations concerning collection and disposal, and/or relating to the hauling of refuse in or over the streets in the City, as he shall find necessary, subject to the right of appeal as set forth in GJMC 8.28.070 and if otherwise in accordance with law.

(Code 1994 § 30-37; Code 1965 § 14-9)

Article III. Rates, Charges, Billing Procedure

8.28.150 Collection at ground level of right-of-way.

(a)    Each owner or occupant shall place refuse for collection by the City in an approved container at ground level of the street and within two feet of the traveled portion of the right-of-way from which collection is made.

(b)    Additional service by the City to a customer may be provided on a cost basis determined by the City Manager based on the frequency, volume, weight, loading out difficulty and nature of material to be disposed of.

(c)    Where the collection of refuse from other than ground level of the right-of-way and not within two feet of the traveled portion of the right-of-way is accepted by the City Manager, the fee shall be as established by resolution of the City Council and on file in the City Clerk’s office, plus a fee set by the City Manager to cover the cost of the extra service rendered.

(Ord. 2988, 3-5-97. Code 1994 § 30-61; Code 1965 §§ 14-10(a), 14-10(b))

8.28.160 Delinquent accounts.

Each producer, owner, occupant of a property has a duty to pay such fees and charges as established in or by this article at the rates established by resolution of the City Council and on file in the City Clerk’s office. Amounts shall be billed monthly. A City customer is delinquent if such customer has not paid in full within 10 days after the due date on the bill. If the customer has not paid the bill in full within that time, the service may be discontinued and other City services including water and sewer may be shut off. Refuse services shall resume when all amounts owed to the City are paid in full, plus a fee or interest as established by resolution of the City Council and on file in the City Clerk’s office, on the delinquent amount for each month, or portion of a month, that the account was delinquent. In addition, water and sewer service may be discontinued to enforce collection of delinquent refuse accounts. The City may proceed to collect all amounts due in the manner provided by law for the collection of a municipal claim. Any and all amounts unpaid pursuant to this article shall be a personal debt of the owner of the lands benefitted or served and in addition shall constitute a lien upon each lot, land, building and premises served or benefitted. If such amounts are not timely paid when due, the City Manager may, in addition to other remedies, certify to the County Treasurer a lien to be by him placed upon the tax list for the current year to be collected in the manner other taxes are collected, plus a 10 percent administrative charge to defray the cost of collection. All laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same shall apply.

(Code 1994 § 30-62; Code 1965 § 14-10(c))

8.28.170 Responsibilities of owner of premises.

(a)    The owner of the premises, as well as the occupant or occupants thereof, shall be subject to the terms of this article, shall be jointly and severally liable for payment of all charges authorized by this chapter, and the failure to timely pay all charges authorized by this chapter shall constitute a misdemeanor violation of this chapter.

(b)    The owner of the premises and each adult occupant thereof shall be jointly and severally responsible to, within 30 days of any change of use or structure, notify the utility accounting department of such change of building structure and/or use to ensure correct monthly charges. The City shall have no obligation to credit or refund any account unless such timely and proper notice is given.

(Code 1994 § 30-63; Code 1965 § 14-11)