Chapter 8.08GARBAGE COLLECTION

Sections:

8.08.010
Definitions.
8.08.020
Uniform, mandatory and exclusive system.
8.08.030
City garbage supervisor.
8.08.040
Sanitary service fund.
8.08.050
Exclusive collection procedure.
8.08.060
Collection contracts – Continued.
8.08.061
Deposit at designated disposal site.
8.08.070
Collection contracts – Approval by city.
8.08.080
Collection contract – Corporate surety bond required.
8.08.090
Conclusive presumption of service.
8.08.100
Vacant property.
8.08.110
Frequency of collection.
8.08.120
Garbage cans – Required.
8.08.130
Types of cans – Maximum weight – Closure requirement.
8.08.140
Garbage cans – Accessible to collectors.
8.08.150
Garbage cans – Noncompliance tags.
8.08.160
Separation may be required.
8.08.170
Methods of disposal.
8.08.180
Animal carcasses.
8.08.190
Scattering or accumulating garbage or refuse prohibited.
8.08.200
Schedule of charges.
8.08.210
Payment of charges.
8.08.220
Collector of garbage charges.
8.08.230
Low income senior citizens – Reduced rates.
8.08.240
Liens for delinquent charges.
8.08.250
Inspection.
8.08.260
Penalty for violation.
8.08.270
Collection actions – Costs and legal fees.

1Editor’s note: Ord. 1307, adopted Feb. 24, 2009, amended chapter 8.08 in its entirety to read as herein set out. Former chapter 8.08, §§ 8.08.010 – 8.08.260, pertained to the same subject matter. See the Ordinance List and Disposition Table and the Code Comparative Table for full derivation.

8.08.010Definitions.

Words used in this chapter in the present tense shall include the future tense; and in the future tense shall include the present 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.

“Ashes” means all waste products of coal, wood and other fuels used for heating and cooking.

“Curb or curbside” means on the homeowners’ property, within five feet of the public street without blocking sidewalks, driveways or on-street parking. If extraordinary circumstances are determined by the city and the contractor to exist, curbside shall be considered a placement suitable to the resident, convenient and accessible to the contractor’s equipment. This definition shall supersede another definition if reference to curb or curbside distance in CEMC 8.08.

“Garbage” means all putrescible wastes, vegetable and animal offal, carcasses of dead animals, all refuse and rubbish, ashes, swill, and nonputrescible wastes from all public and private establishments and residences; except sewage and body wastes; and industrial byproducts.

“Garbage can” means the contractor owned wheeled cart that is a plastic container with thirty-five, sixty-four, or ninety-six gallons of capacity; designed for and used with a hydraulic lifting mechanism; weighing not over fifty pounds per thirty-five gallons of capacity when full; fitted with a sturdy handle and a cover; be rodent and insect resistant; and be capable of holding collected liquids without spilling when in an upright position.

“Garbage collector” means the person authorized by contract with the city to collect, haul or dispose of garbage.

“Health officer” means the city health officer provided for in Chapter 70.05 of the Revised Code of Washington, or his authorized representatives.

“Hours of collection” means hours of garbage collection in the City of Cle Elum shall be authorized between 5:00 a.m. and 7:00 p.m. Any and all garbage cans must be in place and ready for pick up between these established hours on the scheduled day of collection.

“Person” means all persons, firms, partnerships, associations and corporations are included.

“Refuse and rubbish” means all putrescible and nonputrescible wastes including cans, boxes, cartons, bottles, paper, and similar waste matter, except ashes, from all public and private establishments and residences.

“Swill” means every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit, and vegetables.

(Ord. 1307 § 1, 2009; Ord. 1337 §§ 1, 3, 4, 2010)

8.08.020Uniform, mandatory and exclusive system.

Protection of public health and sanitation requires a uniform, exclusive and mandatory system for collection, removal and disposal of all garbage within the corporate limits of the city, that the city have the exclusive and mandatory right to regulate, collect, remove and dispose of all such garbage, and that all persons residing or being within the corporate limits of the city shall use the system of garbage collection and abide by the regulations established.

(Ord. 1307 § 1, 2009)

8.08.030City garbage supervisor.

A. The office of city garbage supervisor as created by Ordinance 412, is continued. The city garbage supervisor shall have supervision over the collection of garbage within the city, and over the city sanitary fills or such other means of garbage disposal as may be established by the city. He shall be subject to the supervision, control and regulations of the city council and the city health officer.

B. The city garbage supervisor shall be appointed by the mayor subject to confirmation by the council. Should the mayor and council fail to appoint a city garbage supervisor, or decide that a city garbage supervisor can be either temporarily or permanently dispensed with, the functions of the city garbage supervisor shall be performed by such person or persons as may be designated by the city council.

(Ord. 1307 § 1, 2009)

8.08.040Sanitary service fund.

The city sanitary service fund created by Ordinance 412 is continued. Into this fund all sums collected under this chapter shall be deposited and kept by the treasurer of the city; and all expenses of the operation and administration of this chapter shall be paid from this fund.

(Ord. 1307 § 1, 2009)

8.08.050Exclusive collection procedure.

The collection, removal and disposal of all garbage within the corporate limits of the city is performed exclusively by the city or its authorized garbage collector as provided for in this chapter, and no resident or person residing or being within the corporate limits of the city shall have the right to remove or dispose of garbage except by means of the facilities provided by the garbage collection and disposal system established by the city; provided, that in the case of isolated dwellings or premises located in sparsely settled portions of the city, or where reasonable access cannot be had by truck, garbage therefrom may, upon special permit of the city garbage supervisor, be collected, removed and disposed of in such manner as the supervisor approves and directs. Garbage shall not be disposed of on private premises by incineration.

It is unlawful for any person to bury, burn, dump, collect, remove, or in any other manner dispose of garbage otherwise than as provided in this chapter.

(Ord. 1307 § 1, 2009)

8.08.060Collection contracts – Continued.

Any contract now in effect and heretofore entered into by the city for the collection, removal and disposal of garbage pursuant to Ordinance No. 412 shall continue in full force and effect according to the terms thereof and in accordance with the provisions of this chapter.

(Ord. 1307 § 1, 2009)

8.08.061Deposit at designated disposal site.

All ashes, garbage, refuse, rubbish, and swill (all hereinafter designated as “solid waste”), collected pursuant to this chapter shall be deposited only at a disposal site to be designated by a Joint Solid Waste Management Plan of Kittitas County and the City of Cle Elum.

(Ord. 1307 § 1, 2009)

8.08.070Collection contracts – Approval by city.

Ninety days prior to the termination of any existing contract, and any future contract, upon direction of the city council, specifications approved by the council for the collection, removal and disposal of garbage for a succeeding contract period, the term thereof to be determined by the city council, shall be prepared and the city shall advertise for bids for a contract covering the exclusive right to collect, remove and dispose of all garbage in the city. Calls for all such bids shall be published according to law, but not less than once each week during the two weeks prior to the time of opening bids. The council shall have the power to refuse any and all bids, or to award the contract to the person who in the discretion of the council submits the lowest bid and is best qualified and best equipped to perform the contract contemplated and render the service required.

(Ord. 1307 § 1, 2009)

8.08.080Collection contract – Corporate surety bond required.

Before any such garbage contract described in the Sections 8.08.050 and 8.08.060 takes effect, the contractor shall execute and file with the city and keep in full force and effect during the entire term of the contract, a corporate surety bond approved as to form by the city attorney and as to surety by the city council of the city, in the sum of one hundred thousand dollars, conditioned that the contractor will faithfully perform the contract and pay all laborers, mechanics and materialmen, and all persons who supply the contractor with provisions, equipment and supplies for carrying on the contract work; conditioned further that the contractor will indemnify and save the city free and harmless from any and all loss, damages, claims, suits, judgments and recoveries of any kind in any way arising by reason of or out of the performance of the contract, and that the contractor will appear and defend any action instituted against the city arising by reason of or out of the performance of the contract.

(Ord. 1307 § 1, 2009)

8.08.090Conclusive presumption of service.

It is conclusively presumed that garbage collection and disposal service shall have been and will be continuously rendered to each and every dwelling, building and premises and every other structure which may be used for dwelling, trade, manufacturing, or occupancy, situated within the corporate limits of the city.

(Ord. 1307 § 1, 2009)

8.08.100Vacant property.

The owner of the real property in which any building, dwelling place or premises referred to in Section 8.08.090 are situated shall have the right to be relieved of the further payment of the garbage collection and disposal charges upon full and complete proof to the satisfaction of the city garbage supervisor that the building or premises for which garbage collection charges are payable is vacant or unoccupied and have remained vacant and unoccupied for a continuous period of thirty days immediately preceding the application for such relief. In the event the charges for the collection and disposal of garbage from the premises or building are not payable during the period of the vacancy; provided, however, that the owner must notify the city garbage supervisor immediately upon the premises becoming reoccupied, and thereupon the charges shall be immediately resumed.

(Ord. 1307 § 1, 2009)

8.08.110Frequency of collection.

The city garbage supervisor shall provide for the collection, removal and disposal of all garbage from all buildings and premises at least once each week, and shall provide for additional collection, removal and disposal of garbage therefrom more frequently if in his discretion additional collections are required to meet the needs of public health and sanitation.

(Ord. 1307 § 1, 2009)

8.08.120Garbage cans – Required.

Every person in possession, charge or control of any dwelling, public or private building, or place of business, where garbage is created or accumulated, must at all times keep or cause to be kept garbage cans in a sufficient number to hold all garbage from such building or premises, and must deposit or cause to be deposited all garbage therefrom in the garbage cans.

(Ord. 1307 § 1, 2009)

8.08.130Types of cans – Maximum weight – Closure requirement.

Garbage cans shall be as defined in Section 8.08.010 “Garbage can.” No can shall be permitted to be filled beyond the point which the lid will not tightly close. Lids shall be kept tightly closed on cans at all times, except as necessary to place garbage into or remove garbage from the cans. Cans shall be kept in a sanitary condition and free from cracks and breaks. Outsides of cans shall be free from accumulated grease, dirt and garbage material. The maximum weight of each can and contents shall not exceed fifty pounds per thirty-five gallons of capacity.

(Ord. 1307 § 1, 2009; Ord. 1337 § 2, 2010)

8.08.140Garbage cans – Accessible to collectors.

Garbage cans shall be kept in a place accessible to the garbage collector. Should winter conditions or other conditions make it impracticable for the garbage collector to drive his garbage truck through the alley or street to the rear of the premises, the garbage cans shall be kept at the front of the premises or at such other location indicated by the garbage supervisor or garbage collector during the period such adverse conditions persist.

(Ord. 1307 § 1, 2009)

8.08.150Garbage cans – Noncompliance tags.

Each garbage can shall be kept clean inside and out, so that no odor nuisance shall exist. The garbage collector shall place tags on garbage cans found not to comply with this chapter, and notify the city garbage supervisor. The tag shall have a perforated stub, with identification number and place for location and description. However, placement of a tag shall not be prerequisite to prosecution for violation of this chapter.

(Ord. 1307 § 1, 2009)

8.08.160Separation may be required.

The city reserves the right to require the separation of paper or swill or other component parts of garbage, and to require the deposit thereof in separate cans, and to prescribe the methods of disposal thereof.

(Ord. 1307 § 1, 2009)

8.08.170Methods of disposal.

All disposal of garbage shall be by methods approved by the city health officer or garbage supervisor; provided, that such methods shall include the maximum practicable rodent, insect and nuisance control at the places of disposal; and provided further, that animal offal and carcasses of dead animals shall be buried or cremated as directed by the health officer or garbage supervisor, or shall be rendered at forty pounds per square inch steam pressure or higher, or by equivalent cooking.

(Ord. 1307 § 1, 2009)

8.08.180Animal carcasses.

Every person in possession, charge or control of any dead animal or upon whose premises a dead animal may be located, must immediately cause the same to be removed and disposed of under the direction of the city garbage supervisor.

(Ord. 1307 § 1, 2009)

8.08.190Scattering or accumulating garbage or refuse prohibited.

No person shall throw or deposit any garbage, refuse, or any offensive or obnoxious or unsightly article upon any lot, sidewalk, street, alley or public place within the city; and no person shall allow any such garbage, refuse, offensive or unsightly article or substance to accumulate upon any lot occupied by such person, or in the sidewalk, alley or street abutting thereon.

(Ord. 1307 § 1, 2009)

8.08.200Schedule of charges.

From and after January 1, 2017, the following charges for collection, removal and disposal of garbage shall apply in the city:

A. Residential Service. Each residential customer will be charged at the rate of one can per week plus additional cans.

1. Residential Single – Family. One 35-gallon cart pick-up per week mandatory service.

a. Residential Rates.

1-35 Gallon Cart

$15.29

1-64 Gallon Cart

$20.84

1-96 Gallon Cart

$24.37

2-64 Gallon Cart

$41.68

1-35 Gallon Cart – Senior

$9.84

1-64 Gallon Cart – Senior

$13.41

1-96 Gallon Cart – Senior

$16.13

b. Miscellaneous Residential Rates.

Extras Garbage (bags on top or next to garbage cart)

$4.36

Oversize/Overweight Units

$6.70/Unit

Drive-in Charge

$5.05

Carryouts Per Cart > 5ft. but < 25ft.

$1.15

Carryouts per cart > 25ft and each increment of 25 ft. thereafter

$0.87

Return Trips-Carts (per pickup)

$4.67

Cart Replacement (due to customer abuse/damage)

$60.65

2. For residential service more frequent than weekly, multiply the above rate by the number of times per week service is rendered.

B. Non-residential service.

a. Commercial Rates.

1-35 Gallon Cart

$23.00

1-64 Gallon Cart

$32.56

1-96 Gallon Cart

$47.93

2-64 Gallon Cart

$65.12

b. Miscellaneous Service.

Return Trips-Carts (per pickup)

$4.67

Carryouts per cart (>5 ft but <25 ft.)

$0.25

Carryouts per cart (>25ft and each increment of 25 ft. thereafter)

$0.15

Return Trips-Container (per pickup)

$10.88

Roll-Out Container (per pickup)

$2.62

Unlock Gate or Unlock Container (per Month)

$14.20

c. Commercial Container (weekly pick-up service).

1.5-yard

$145.20

2-yard

$197.08

3-yard

$290.51

4-yard

$363.19

6-yard

$503.67

8-yard

$636.19

Extra Garbage (Loose or over-filled)

$28.98

If the customer requires the frequency of collection to be greater than once per week, the rates shown above will be multiplied by the number of times per week that the container is emptied.

d. Roll off Rates Permanent/Temporary Daily Rent.

20-yard

$3.45

30-yard

$5.13

e. Roll off Rates Permanent/Temporary Monthly Rent.

20-yard

$103.18

30-yard

$153.67

f. Rate per Haul.

20-yard

$171.08

30-yard

$183.44

D. Late Charges. In addition to the charges set forth, if any bill for garbage service is not paid within 30 days of billing date, there shall be assessed and collected by the city clerk a late charge in the amount of $2.00 per month.

E. Service Charge. For every new account set up or account transfer, there shall be a service charge of $15.00. For every arranged missed pick up if the customer is at fault; there shall be a schedule change service charge of $5.00.

F. In addition to the charges set forth, the City may increase the charges for collection, removal and disposal of garbage rates on December 31, 2016, and every December 31 thereafter at the rate of up to three percent per year.

(Ord. 1459 § 1, 2016; Ord. 1432 § 1, 2015; Ord. 1419 § 1, 2014; Ord. 1378 § 1, 2012; Ord. 1331 § 1, 2010; Ord. 1307 § 1, 2009)

8.08.210Payment of charges.

All charges for garbage collection and disposal shall be paid by the owners, operators and/or occupants of the premises from which garbage is collected. The charges shall be paid to the city at the office of the city clerk, according to the schedule of charges fixed and determined by the city. All charges for garbage collection services rendered during the preceding month are paid by the person liable therefor on or before the fifth day of each calendar month.

(Ord. 1307 § 1, 2009)

8.08.220Collector of garbage charges.

In addition to his other duties, the utility clerk of the city shall receive, collect and account for all garbage collection and disposal charges and accounts due the city.

(Ord. 1307 § 1, 2009)

8.08.230Low income senior citizens – Reduced rates.

Low income senior citizens (being a person sixty-two years of age or older and whose total income, including that of his or her spouse or cotenant, does not exceed the amount specified in RCW 84.36.381(5)(b), as now or hereafter amended) shall upon application be entitled to a reduced rate for garbage collection at the rates set forth in Section 8.08.210(A)(2) above.

(Ord. 1307 § 1, 2009)

8.08.240Liens for delinquent charges.

The charges for garbage collection and disposal shall become delinquent after the fifth day of the calendar month following the month in which the services were rendered, and the amount thereof shall constitute a lien against the real property for which the garbage collection and disposal service is rendered from and after the date of filing of notice of lien as provided for by law. The city garbage supervisor shall execute and file the notice of such lien and it shall become effective in the manner provided by the laws of the state.

(Ord. 1307 § 1, 2009)

8.08.250Inspection.

For the purpose of enforcing this chapter, the city health officer, the city garbage supervisor, and the city police officer shall have the right to enter any premises or any building within the city at any reasonable hour of the day to inspect the same.

(Ord. 1307 § 1, 2009)

8.08.260Penalty for violation.

Any person convicted of violating any of the provisions of this chapter shall be fined in any sum not exceeding five hundred dollars.

(Ord. 1307 § 1, 2009)

8.08.270Collection actions – Costs and legal fees.

In addition to recording a lien for delinquent charges as authorized by this chapter, the mayor may institute a collection lawsuit in any court of competent jurisdiction. In any such action, the city shall be entitled to recover from the party or parties responsible for the delinquent charges any and all costs of suit, including its reasonable attorney fees and expert witness fees.