Chapter 9.12
GARBAGE COLLECTION

Sections:

9.12.010    Definitions.

9.12.020    Garbage and recyclable material hauling restriction.

9.12.030    Deposit of garbage and refuse.

9.12.040    Containers.

9.12.050    Garbage disposal fund.

9.12.060    Solid waste and recyclables collection charges – Payment – Liens.

9.12.070    Accumulation of garbage and refuse.

9.12.080    Violation – Penalty.

9.12.010 Definitions.

“Bi-weekly” means once every two weeks.

“Commercial locations” includes all locations within the city and other than single-family dwelling units, as defined herein.

“Garbage” means all putrescible material including animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food; except carcasses of dead animals, sewage, sewage sludge, and human body wastes.

“Recyclable material” means products recovered from waste generated at residential units, including, but not limited to, newspaper, mixed paper, cardboard, glass containers, metal containers, scrap metal, motor oil and certain plastics.

“Refuse” includes ashes, paper, plastic, cardboard, and other wastes which may be wind transported, except paper or cardboard baled or packaged, and except construction and demolition wastes, appliances, furniture, trees, stumps, branches, and other oversize wastes, leaves, grass, and plant cuttings; however, leaves, grass, and plant cuttings shall not be excluded from normal collection.

“Single-family dwelling unit” means a dwelling unit other than an apartment house, hotel, motel, nursing home, boardinghouse, or roominghouse used for occupancy by one family in accordance with the zoning code. Where two, three, or four single-family dwelling units are on one lot or parcel, in one building or separate buildings, they shall constitute separate dwelling units even if on one water service.

“Solid waste” includes garbage and refuse.

“WUTC” means the Washington Utilities and Transportation Commission. [Ord. 10892 § 1, 1997; Ord. 9949 § 1, 1989; Ord. 9851 § 1, 1988; Ord. 8293 § 1, 1974].

9.12.020 Garbage and recyclable material hauling restriction.

A. It is unlawful for any person, other than a contractor having a contract for solid waste collection and disposal with the city, to collect, haul or dispose of garbage or refuse within the city. This subsection shall not apply to the collection of garbage and refuse from commercial locations within the city by a person who does not have a contract to which the city is a party specifying the terms and conditions under which garbage and refuse may be collected from such locations so long as such person holds a valid, permanent certificate of public convenience and necessity under which the WUTC has authorized the collection of garbage and refuse from such locations. If the WUTC for any reason should cease to regulate the collection of garbage and refuse from the commercial locations within the city at any time, the person holding such a certificate of public convenience and necessity at the time such regulation ceases shall have the right to continue to collect garbage and refuse from such locations, provided such person continues to charge for such collection no more than the rate(s) last authorized by the WUTC.

B. It is unlawful for any person, other than a contractor having a contract for garbage collection and disposal with the city, to collect, remove, haul or dispose of any of the following baled or packaged materials: (1) paper; (2) kraft material; (3) cardboard; (4) aluminum; and (5) any other recyclable material from any public or privately owned premises within the city, without first obtaining the consent of the occupant or owner of the premises. [Ord. 10892 § 2, 1997; Ord. 9949 § 2, 1989; Ord. 9372 § 1, 1984; Ord. 8293 § 2, 1974].

9.12.030 Deposit of garbage and refuse.

A. Every owner, occupant or tenant of a single-family dwelling unit within the city shall deposit or cause to be deposited in a covered container all garbage and refuse of such a nature that it is perishable or may decompose or be scattered by wind or otherwise, which may accumulate on any premises owned or occupied by such owner, occupant, or tenant; except as provided in subsection (B) of this section. Recyclable materials shall be picked up by the contractor, without charge, when set out in accordance with published directives to be issued by the director of public works.

B. Vegetable wastes, ashes, leaves, grass, plant cuttings and other organic wastes may be composted on private premises or at a public place designated for composting, providing the compost site is maintained so as not to create odors, expose raw garbage, allow garbage to become scattered, or increase the risk from pests. Nonputrescible garbage and refuse, animal wastes, and materials containing animal or vegetable fats may not be composted. Composting in accord with this subsection shall not be a violation of BMC 9.04.040, 9.04.050 or Chapter 10.60 BMC. [Ord. 9344 § 1, 1984; Ord. 8293 § 3, 1974].

9.12.040 Containers.

A. The container to be used for garbage and refuse disposal shall be a receptacle not exceeding 30-gallon capacity, unless the container is supplied by the city’s collection contractor for use with its automated or semi-automated collection system, in which case the container may be of 60- or 90-gallon capacity. Garbage containers shall be supported or braced in such a manner that dogs or other animals cannot enter or tip or tilt the same, or empty any of the contents thereof, and shall have insect-proof and rodent-proof covers to be kept in place at all times, and shall be located off of any public street, alley, sidewalk, or other public place except at or about the time of collection. With the exception of special containers offered by the city’s contractor, all such containers shall be furnished at the sole expense of the owner, occupant, or tenant of the premises. There shall also be included under “container,” units of waste or refuse bundled or bagged not exceeding three cubic feet in total size. There shall be a limit of 50 pounds weight per 30 gallons of capacity in any container or unit, whether can, bundled or bagged refuse or waste.

B. The universal and compulsory use of garbage collection and disposal for each and every single-family dwelling unit and commercial location is mandatory. [Ord. 10892 § 3, 1997; Ord. 9949 § 3, 1989; Ord. 9647, 1987; Ord. 8293 § 4, 1974].

9.12.050 Garbage disposal fund.

There is established a garbage disposal fund of the city. All moneys received by the city for the collection and disposal of garbage shall be placed in such fund, and the expense of such garbage collection, including payments made to the contractor, shall be paid therefrom. The city may also provide for additional revenues to be paid into such fund from time to time. [Ord. 8293 § 5, 1974].

9.12.060 Solid waste and recyclables collection charges – Payment – Liens.

A. Billing for solid waste and recyclables collection and disposal service shall be monthly or every other month, bills for such service to be mailed by the city or the city’s contractor, to the owner, occupant or tenant for each single-family dwelling unit, similar to bills for the water service in the city, or in connection with water bills.

B. 1. The charge for weekly residential collection and disposal service for each single-family dwelling unit is $27.46 per month for containers of 60-gallon capacity; and $41.01 for containers of 90-gallon capacity. For low-income senior citizens and disabled persons who qualify, the charge for regular weekly residential garbage collection and disposal service for each single-family dwelling unit is $23.43 per month for containers of 60-gallon capacity, and $35.76 for containers of 90-gallon capacity.

2. The charge for bi-weekly residential collection and disposal service for each single-family dwelling unit is $14.99 per month for containers of 60-gallon capacity; and $23.82 per month for containers of 90-gallon capacity. For low-income senior citizens and disabled persons who qualify, the bi-weekly rate for residential collection and disposal service for each single-family dwelling unit is $12.62 per month for containers of 60-gallon capacity; and $20.22 per month for containers of 90-gallon capacity.

3. The charge for monthly residential collection and disposal service for each single-family dwelling unit is $8.38 per month for containers of 60-gallon capacity; and $14.65 per month for containers of 90-gallon capacity. For low-income seniors and disabled persons who qualify, the monthly rate for residential collection and disposal service for each single-family dwelling unit is $6.82 per month for containers of 60-gallon capacity; and $11.87 per month for containers of 90-gallon capacity.

4. Notwithstanding the foregoing charges, upon due application to and approval by the city’s contractor, a resident may elect to dispose of solid waste in a 30-gallon container (maximum) once a month at a rate of $5.81 per month.

5. a. Charges above shall entitle the owner, occupant, or tenant to the collection and disposal of one container per service level and weekly collection of recyclable material.

b. For any bag or bundle in excess of one container per service level, there shall be an additional charge of $4.75 for each bag or bundle.

c. The term “bag” shall mean plastic sacks designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 50 pounds per 30 gallons of capacity. The term “bundle” shall mean tree, shrub and brush trimmings or similar materials securely tied together forming an easily handled package not exceeding four feet in length or 50 pounds in weight.

d. For any toter filled above the top so that the lid does not close, or if the toter weighs more than 100 pounds for a 60 gallon toter or 150 pounds for a 90 gallon toter or 65 pounds for a customer supplied can, there shall be an additional charge of $4.75.

6. All materials shall be deposited at curbside or alleyside prior to collection and shall be placed in containers provided by the city’s contractor.

7. Low-income senior citizens and disabled persons may qualify for the aforesaid reduced rates only upon application to and approval by the city finance director, or his/her designate. The finance director is hereby directed to prepare applications and promulgate regulations controlling the issuance of such authorizations. A senior aged 62 or older or a disabled person with a household income of $23,000 or less in 2003 (adjusted annually thereafter for inflation as measured by the Consumer Price Index for Urban Consumers for Seattle, Tacoma, Bremerton) is entitled to have the reduced rates.

8. A restart service fee of $5.00 will be charged if the service was stopped for failure to pay on a delinquent account.

9. A redelivery fee of $10.00 will be charged if toters are repossessed due to a delinquent account. The fee is due prior to or at time of redelivery of the toter.

10. A return fee of $10.78 will be charged if the customer fails to have the toter or can(s) available for scheduled pickup and the customer requests the truck return for pickup.

11. If payment is made by check or auto-payment and the bank refuses to honor the payment, the customer will be charged a fee of $10.00.

C. Upon failure to pay such charge billed by the city or its contractor, the amount thereof shall become a lien upon the premises for which the collection service was rendered, which lien shall be made effective by the filing of a notice thereof in the office of the county auditor specifying the charges and the period covered, and the legal description of the premises.

D. Said lien shall be filed within one year of the time the service was last furnished, and shall be foreclosed in the manner prescribed by law for foreclosing liens for labor and material, and the entire cost of the foreclosure of the lien shall be assessed against the property for which the collection and disposal service was rendered. [Ord. 2008-07-071; Ord. 10913 § 1, 1997; Ord. 10559 § 1, 1994; Ord. 10445, 1993; Ord. 10200, 1991; Ord. 9949 § 4, 1989; Ord. 9647, 1987; Ord. 9504 § 1, 1985; Ord. 9387 § 1, 1984; Ord. 9302 § 1, 1984; Ord. 9249 § 1, 1983; Ord. 9192 § 1, 1983; Ord. 9099 § 1, 1982; Ord. 8936 § 1, 1981; Ord. 8788 § 1, 1979; Ord. 8293 § 6, 1974].

9.12.070 Accumulation of garbage and refuse.

In case any owner, occupancy, or tenant within the city permits garbage or refuse to accumulate on the premises, and fails to deposit such garbage or refuse in covered containers as specified in this chapter, the city may, at the discretion of the director of public works, employ the contractor to collect and remove such garbage and refuse and in such case the entire expense of the collection and removal thereof as determined by the director of public works shall be charged against such premises and against the owner, occupant, or tenant thereof in addition to the legal charge for collection and disposal of garbage. [Ord. 8293 § 7, 1974].

9.12.080 Violation – Penalty.

Any person violating any of the provisions of this chapter is guilty of a civil infraction and upon conviction thereof shall be punished by a fine not exceeding $500.00 for each violation. Each violation shall be a separate offense, and in the case of a continuing violation, each day’s continuance shall be deemed to be a separate and distinct violation. [Ord. 2016-07-018 § 1; Ord. 2013-09-073 § 12; Ord. 8293 § 8, 1974].