Chapter 8.04
GARBAGE AND SOLID WASTE
Sections:
8.04.010 Intent of chapter – Definitions.
8.04.020 Duty of owners.
8.04.030 Container requirements.
8.04.040 Disposal of garbage required.
8.04.050 Special permits.
8.04.060 Incineration of garbage.
8.04.070 Compliance required.
8.04.080 Time of collection.
8.04.090 Repealed.
8.04.100 Repealed.
8.04.110 Repealed.
8.04.120 Additional charges.
8.04.130 Accounts – When due.
8.04.140 Accounts – Charges constitute lien when.
8.04.150 Accounts – Notice of lien – Foreclosure.
8.04.160 Collection of garbage.
8.04.170 Nauseous substance deposit – Permit required.
8.04.180 Garbage and solid waste bills – Payment and collection.
8.04.190 Violation – Penalties – Enforcement.
8.04.010 Intent of chapter – Definitions.
A. The maintenance of health and sanitation requires, and it is the intention of this chapter, to make the collection, removal and disposal of garbage and refuse and dead animals within the city compulsory and universal.
B. Words used in this chapter in the present tense shall include the future tense, and in the singular shall include the plural, and in the plural shall include the singular, and in the masculine shall include the feminine gender.
C. The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:
1. “City” means the city of Bonney Lake, Washington, or as indicated by the context, may mean any town official or agent representing the city in the discharge of his duties.
2. “City treasurer” means the treasurer of the city of Bonney Lake.
3. “Garbage and refuse” means all waste and discarded materials from dwellings, flats, rooming houses, apartment houses, clubs, restaurants, boardinghouses, eating places, shops and places of business, including rubbish and debris, waste and discarded food, animal and vegetable matter, brush, grass, weeds, wastepaper, cans, glass, ashes, night soil, offal, boxes, and cuttings from trees, lawns and gardens. “Waste” shall not include materials subject to manufacture into by-products.
4. “Person” means every natural person, firm, copartnership, association or corporation. (Ord. 389 § 3, 1973).
8.04.020 Duty of owners.
It shall be the duty of every person in possession, charge or control of any dwelling, flat, rooming house, apartment house, school, club, restaurant, boardinghouse or eating place, or in possession, charge or control of any shop, place of business or manufacturing establishment where garbage or refuse is created or accumulates, at all times to keep or cause to be kept portable metal cans or such other containers as the city shall, from time to time, designate, for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein.
It shall be the duty of the owner of any dwelling, flat or apartment house to furnish to or see that his tenants are supplied with such containers, or in the case of apartment houses, with adequate means of disposing of garbage and refuse. (Ord. 389 § 4, 1973).
8.04.030 Container requirements.
Garbage containers shall be watertight, and of not less than 25-gallon and not more than 30-gallon capacity. Such containers shall not be opened except when necessary to place garbage and refuse in such containers or to take same therefrom. When garbage and refuse are placed therein or taken therefrom, such containers shall be closed by the person placing the same therein or taking the same therefrom. Such containers shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing material. Each such container shall be kept in a place accessible to the collection of garbage and refuse.
Large suitable containers for bulk collection of garbage and refuse may, with the approval of the public works director, be used by restaurants, boardinghouses, eating places, apartment houses, schools, parks and in the business districts. (Ord. 389A § 1, 1974; Ord. 389 § 5, 1973).
8.04.040 Disposal of garbage required.
It shall be the duty of every such person to cause such garbage and refuse to be removed and disposed of by the garbage collection company duly authorized by the city. (Ord. 389 § 6, 1973).
8.04.050 Special permits.
In the case of isolated dwellings or places of business located in sparsely settled portions of the city, or where reasonable access cannot be had by truck, garbage and refuse therefrom may, upon special permission of the public works director, be collected, removed and disposed of in such manner as the department shall, in and by such permit, approve and direct. (Ord. 389 § 7, 1973).
8.04.060 Incineration of garbage.
Garbage and refuse from apartment houses and stores may be disposed of by incineration upon the premises where this may be sanitarily done and the incinerator is of type and design approved by the public works director, upon application for and the issuance of a proper permit from the city fire department and, where necessary, the Puget Sound Air Pollution Control Board. (Ord. 389 § 8, 1973).
8.04.070 Compliance required.
It is unlawful for any person to burn any garbage or refuse excepting wastepaper boxes, rubbish and debris, brush, grass, weeds and cuttings from trees, lawns or gardens unless upon permit from the city fire department and the Puget Sound Air Pollution Control Board when necessary, or to dump or deposit any garbage and refuse upon any street or alley or private property in the city, or to burn the same, or to collect, remove or dispose of the same except as provided in this chapter. (Ord. 389 § 9, 1973).
8.04.080 Time of collection.
The garbage collection company duly authorized by the city shall collect, remove and dispose of all garbage and refuse at least once each week or as designated and as often as required by the public works director. (Ord. 389 § 10, 1973).
8.04.090 Commercial and homeowner rates.
Repealed by Ord. 1054. (Ord. 925 § 1, 2002; Ord. 828 § 1, 1999; Ord. 803 § 1, 1999; Ord. 622C § 1, 1995; Ord. 622B § 1, 1994; Ord. 622B § 1, 1992; Ord. 622A § 1, 1992; Ord. 622 § 1, 1990; Ord. 389D § 1, 1985; Ord. 389B § 1, 1977; Ord. 389A § 2, 1974; Ord. 389 § 11, 1973).
8.04.100 Rates for removing dead animals.
Repealed by Ord. 939. (Ord. 389 § 12, 1973).
8.04.110 Rates for removing brush and rubbish.
Repealed by Ord. 939. (Ord. 389 § 13, 1973).
8.04.120 Additional charges.
Where a bag or bags are kept within a building or in a basement or upstairs, and are inaccessible by reason of locked doors, or it is necessary to call or knock for owner or occupant of building to gain admittance, an additional charge, based upon the time consumed, shall be made.
Should more or less frequent service in the city be directed by the public works director, an increase or decrease in rates proportionate to the added or reduced cost of service shall be made. (Ord. 389 § 14, 1973).
8.04.130 Accounts – When due.
Charges for refuse services, whether provided by the city or an independent contractor under an agreement with the city, shall be due and payable on or before the tenth day following the date of billing. Amounts unpaid shall become delinquent 45 days after the billing date. A monthly penalty of 1.5 percent of the outstanding balance shall be charged to all accounts which have been delinquent for 45 days or more.
If an account is delinquent for more than 90 days, service shall be suspended after 10 days’ written notice to the customer. Any suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter. The customer shall contact the refuse contractor to re-establish service within 30 days of the service being disconnected, and shall pay any fees for re-establishing service. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons. (Ord. 1321 § 1, 2009; Ord. 768 § 2, 1998; Ord. 389 § 15, 1973).
8.04.140 Accounts – Charges constitute lien when.
Upon the failure of any person to pay the charges prescribed in this chapter, the amount thereof shall become a lien against the property for which the garbage collection service is rendered. (Ord. 389 § 16, 1973).
8.04.150 Accounts – Notice of lien – Foreclosure.
A notice of the city’s lien for garbage collection and disposal service, specifying the charges, the period covered by the charges, and giving the legal description of the premises sought to be charged, shall be filed with the county auditor and shall be foreclosed in the manner provided by Chapter 270, Laws of the State of Washington, 1943. (Ord. 389 § 17, 1973).
8.04.160 Collection of garbage.
It is unlawful for any person other than a duly authorized employee of the city or garbage collection company duly authorized by the city, to engage in the business of collecting, removing and disposing of garbage and refuse and dead animals in the city, or for any person other than the city, its agents or employees, or duly authorized garbage collection company, to do or perform any of the things required to be done in this chapter or performed by the city or duly authorized garbage collection company. (Ord. 389 § 18, 1973).
8.04.170 Nauseous substance deposit – Permit required.
No manure, garbage, offal or any vegetable or animal matter or nauseous substances detrimental to health shall be dumped or deposited in any place other than a designated city dump within the limits of the city, except by special permit from the public works director. (Ord. 389 § 19, 1973).
8.04.180 Garbage and solid waste bills – Payment and collection.
The city is authorized to establish payment plans for delinquent garbage and solid waste customers meeting standard city guidelines for financial hardship. (Ord. 768 § 5, 1998).
8.04.190 Violation – Penalties – Enforcement.
Any violation of this chapter, including but not limited to a failure to re-establish service within 30 days of service suspension pursuant to BLMC 8.04.130, shall be a Class 1 civil infraction under Chapter 7.80 RCW. Each day of violation shall constitute a separate offense. The city code enforcement officer shall have the authority to issue civil infraction notices. (Ord. 1321 § 2, 2009).