Chapter 8.12
GARBAGE¹

Sections:

8.12.002    Definitions.

8.12.005    Mandatory garbage service.

8.12.007    Garbage accumulation.

8.12.010    Garbage collection and curbside recycling rates.

8.12.013    Location of containers – Inspections.

8.12.016    Due dates.

8.12.019    Delinquent payments.

8.12.022    Liens.

8.12.025    Utility tax.

8.12.030    Discontinuation of service.

8.12.002 Definitions.

The following definitions shall apply:

“Contract” means the agreement which is in effect at the time between the city of North Bend (city) and a private contractor (contrac­tor) for the collection and disposal of garbage.

“Detachable container” means any gar­bage container compatible with the contrac­tor’s equipment that is not a garbage can, garbage unit, or mobile toter.

“Garbage” means all accumulations of refuse, swill and other waste matter discarded as if of no further value to the owner. However, the term “garbage” excludes manure, sewage, dead animals over 15 pounds, and cleanings from public and private catch basins, wash racks or sumps. Disposal of matter excluded from the term “garbage” shall be as otherwise provided by law.

“Garbage can” means a watertight, galva­nized, sheet metal, raised-bottom container or suitable plastic container not exceeding four cubic feet or 32 gallons in capacity, weighing not over 22 pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle.

“Garbage units” means secure and tight bundles, none of which shall exceed three feet in the longest dimension and shall not exceed 75 pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags stored securely in tight cartons or other recep­tacles able to be reasonably handled and loaded by one person onto a collection vehicle.

“Mobile toter” means a movable container of either a 60-gallon capacity or 90-gallon capacity, with a hinged lid with tight latch, thick skin one-piece balanced weight which sits on self-contained wheels, that is picked up at curbside with a hydraulic dumpster on a col­lection vehicle.

“Recyclable waste” means any garbage or refuse that may be collected for recycling pur­suant to the contract, including, but not limited to, any or all of the following: aluminum, tin, plastic, newsprint, mixed paper (including magazines, computer paper, and white and colored paper), and cardboard.

“Recycling container” means any detach­able container provided by the contractor for pickups of recyclable waste.

“Refuse” means waste matter discarded as if of no further value, including ashes, cinders, clinkers, lawn cuttings, grass and leaves, bro­ken up household furnishings and equipment, bottles, barrels, cartons, shrubs, small trees, small tree limbs, paper and scraps of wood and crates and boxes; but shall exclude large trees, earth, sand, gravel, rock, broken concrete, plaster, brick and other building materials, automobile hulks, large automobile parts and building waste.

“Swill” means all accumulations of ani­mal, fruit, or vegetable matter, liquid or other­wise, that attends the preparation, use, dealing in or storing of meat, fish, foul, fruit or vegeta­bles. (Ord. 840 § 2, 1990; Ord. 714 § 2, 1986).

8.12.005 Mandatory garbage service.

A. All property owners and occupants of premises within the city, including all resi­dences and businesses, are required to use the garbage collection and disposal system autho­rized by the city and pay the appropriate charges therefor. Notwithstanding the forego­ing, no property owner or occupant of pre­mises within the city is required to participate in the curbside recycling service that is part of such system; provided, however, that such property owner or occupant is nonetheless required to pay the full applicable garbage rate. Garbage collection, including curbside recy­cling pickups, shall be made by a contractor, pursuant to the awarding of a contract by the city council.

B. It is unlawful for any person to haul or dispose of garbage except as authorized in this chapter. This section shall not apply to the occasional hauling by residential customers of garbage to an approved solid waste disposal site or to the hauling by residential or commer­cial customers of recyclable waste to an approved recycling site. Such customers shall still be required to pay the applicable charge for collection services, however.

C. All owners and residents may be required by the city to use garbage disposal and recycling containers owned by the city or its contractor. No privately owned containers shall be utilized after delivery to the customers of the city-owned or contractor-owned dis­posal or recycling containers. (Ord. 840 § 3, 1990: Ord. 714 § 3, 1986).

8.12.007 Garbage accumulation.

A. It is unlawful to deposit, throw or place any garbage in or upon any land, alley, street or other public place, or to deposit, throw or place any garbage in or upon any private prop­erty regardless of ownership, unless the garbage is placed in garbage cans, containers or toters, the covers for which shall not be removed except when necessary for the depos­iting or removing of garbage; provided, this shall not apply to properly stored garbage units, as defined in this chapter.

B. Any garbage can when filled shall not weigh more than 75 pounds and shall be so packed that the contents thereof will dump out readily when the can is inverted.

C. Any mobile toter when filled shall not weigh more than 195 pounds for a 90-gallon toter, and not more than 130 pounds for a 60-gallon toter. All mobile toters shall be placed for collection before 7:00 a.m. and removed from curb or alley as soon as possible after col­lection, but no later than 7:00 p.m.

D. No hot ashes or other hot material, dirt, sand, rocks, gasoline, solvents, oil, paint or oth­er dangerous materials shall be placed in any garbage can, garbage unit, detachable contain­er, or mobile toter for collection or removal. All kitchen, table and cooking wastes before being deposited in garbage cans, garbage units, detachable containers or mobile toters shall be drained and wrapped in paper or other material in such a manner as to prevent as nearly as pos­sible moisture from such garbage from coming in contact with the sides or bottoms of the containers.

E. When use of garbage cans is allowed or required, sufficient garbage cans must be pro­vided for the collection of all garbage as defined in this chapter. Worn out and improper cans will be discarded and the decision of the city administrator shall be final in any dispute regarding the type, number and condition of garbage can or cans.

F. Residential units shall use mobile toters unless otherwise agreed upon by the city and the contractor. Mobile toters shall remain the property of the contractor or city and are pro­vided and assigned to residences for the health, safety, convenience and general welfare of the occupants. Containers which are damaged, destroyed or stolen through abuse, neglect or improper use by the occupant/user shall be replaced by the contractor at the expense of the occupants or the owners of the premises. The cost for the container is a garbage collection charge, subject to the lien and foreclosure pro­visions of this chapter. Containers which are damaged in the course of normal and reason­able usage, or which are damaged, destroyed or stolen through no abuse, neglect or improper use of the occupants/owners of the premises shall be repaired or replaced by the contractor at no charge to the occupants or owners. The container shall not be damaged, destroyed or removed from the premises by any person. Markings and identification devices on the containers, except as placed or specifically per­mitted by the contractor and the city, are pro­hibited and shall be regarded as damage to the containers.

G. It is unlawful, except as authorized by the owner or the city, to deposit any garbage or other material in any garbage can, garbage unit, detachable container, or mobile toter, or to remove the covers therefrom. The covers shall be securely placed on each can, toter or unit at all times, except when it is necessary to remove same for deposit or at times of collec­tion. (Ord. 714 § 4, 1986).

8.12.010 Garbage collection and curbside recycling rates.

A. The monthly charge for single-family residential and multiple-family using toters or cans shall be as established by the taxes, rates and fees schedule adopted by ordinance.

Residential service includes one weekly curbside recycling pickup using containers provided by the hauler and does not include curbside yardwaste recycling. All residential rates include a monthly hazardous waste fee computed by the King County health department.

B. The monthly charge for multiple-fam­ily and commercial service shall be as established by the taxes, rates and fees sched­ule adopted by ordinance.

Commercial service includes one weekly curbside recycling pickup using containers provided by the hauler and does not include curbside yardwaste recycling. All commercial rates include a monthly hazardous waste fee computed by the King County health department.

C. The rate for pack-out service for toters or cans shall be as established by the taxes, rates and fees schedule adopted by ordinance.

D. Prices set forth in the taxes, rates and fees schedule adopted by ordinance are for garbage cans placed within 20 feet of the curb or shoulder; for commercial users, within an approved dumpster location; or for residential toters, at curbside. Those containers that are a greater distance, or not within an approved dumpster location, shall not be picked up unless prior approval has been given by the city.

E. Charges for collection of items placed outside a container or placed under circum­stances not contemplated herein shall be determined on a case-by-case basis, based upon the cost of disposal; provided, however, there shall be no additional charges for gar­bage units neatly placed outside of the toter for those customers receiving unlimited service.

F. The charge for single-family residential service shall be as established by the taxes, rates and fees schedule adopted by ordinance for weekly pickup of a 32-gallon container (to be provided by the customer) and as estab­lished by the taxes, rates and fees schedule adopted by ordinance for a 20-gallon container (to be provided by the customer) for all resi­dences in which the person responsible for payment of the charge is 65 years of age or older, and/or is determined to be disabled by the Social Security Administration or compa­rable agency and has an annual gross income determined to be “low income” by utilizing the U.S. Department of Housing and Urban Development guidelines. Proof of age and income must be provided to the city on a form prepared by the city administrator, and the reduced charge shall take effect for garbage service provided with the month following the month in which proof of age and income is received.

G. Biweekly pickup in a hauler-provided 96-gallon toter in the months of March through November and once a month pickup in the months of December through February; for the base rate each subscriber may set out two addi­tional owner-provided 32-gallon containers. The monthly charge for subscription curbside yard waste recycling collection shall be as established by the taxes, rates and fees sched­ule adopted by ordinance. (Ord. 1237 § 6 (part), 2005: Ord. 1231 § 1, 2005; Ord. 1108 § 1, 2000; Ord. 1093 § 1, 1999; Ord. 1072 § 1, 1999; Ord. 1066 § 1, 1999; Ord. 1030 § 1, 1998: Ord. 1011 § 1, 1997: Ord. 960 § 1, 1995: Ord. 950 § 1, 1994: Ord. 883 § 1, 1992: Ord. 840 § 4, 1990; Ord. 837 § 1, 1990: Ord. 755 § 1, 1988: Ord. 714 § 5, 1986: Ord. 658 § 1, 1985: Ord. 610 § 3, 1984: Ord. 588 § 1, 1983: Ord. 534, 1981: Ord. 460 § 1, 1978: Ord. 429 § 1, 1976: Ord. 427 § 1, 1976: Ord. 383 § 2(a), 1974).

8.12.013 Location of containers – Inspections.

A. The location of detachable containers, recycling containers, garbage cans or units, or mobile toters in conjunction with commercial, industrial or multiple-family dwellings shall be subject to inspection by the North Bend fire department and located in such areas as to reduce or remove any fire hazard. They shall also be inspected by the city’s garbage con­tractor and shall be so located as to assure that collection vehicles can safely and conve­niently access the same.

B. The location of the mobile toters and recycling containers in conjunction with the residential pickups shall be at curbside or such other location as agreed to between the con­tractor and the resident. Persons with physical constraints, unable to bring their garbage to the curbside for collection may be granted an exemption from doing so by the city and the contractor shall be so notified. (Ord. 840 § 5, 1990: Ord. 714 § 6, 1986).

8.12.016 Due dates.

Garbage collection charges shall be due and payable to the city 10 days from the date of the billing statement, which shall be the tenth day of each month, unless that date is a weekend day or legal holiday, in which case the billing date shall be the next business day. The payment of the charges shall be the responsibility of the owner of the premises to which the service was provided. (Ord. 755 § 1, 1988: Ord. 714 § 7, 1986).

8.12.019 Delinquent payments.

Garbage collection charges made as pro­vided in NBMC 8.12.016 shall be delinquent as of the date of the next billing statement. Interest shall be imposed at the rate established by the taxes, rates and fees schedule adopted by ordinance upon all delinquent charges. Interest shall accrue from the date of delin­quency. There shall be an additional charge as established by the taxes, rates and fees sched­ule adopted by ordinance for checks returned due to insufficient funds. (Ord. 1237 § 6 (part), 2005: Ord. 900 § 2, 1992: Ord. 755 § 3, 1988: Ord. 714 § 8, 1986).

8.12.022 Liens.

A. The city shall have a lien upon the property to which service was provided for all unpaid collection charges, plus interest and all costs and attorneys’ fees incurred in filing a notice of lien and foreclosing upon the same.

B. The notice of lien shall be recorded with the King County department of records and shall specify the charges, the period cov­ered by the charges, and the legal description of the property to be encumbered by the lien.

C. The lien for unpaid garbage collection and disposal charges shall be foreclosed in the same manner as a labor lien and shall have pri­ority over all liens and encumbrances filed subsequent to the filing of the notice of lien, except for the lien of general taxes and local improvement assessments, whether levied prior to or subsequent thereto. (Ord. 755 § 4, 1988: Ord. 714 § 9, 1986).

8.12.025 Utility tax.

There is imposed a utility tax upon all gar­bage collection within the city in the amount of six percent of the gross amount charged for such collection. Such tax shall be clearly iden­tified on statements submitted to the residential and commercial users. The utility tax shall be effective as to garbage services provided after December 1, 1986. (Ord. 714 § 10, 1986).

8.12.030 Discontinuation of service.

If a resident or owner requests the water to their residence be shut off for more than 30 days, then garbage service shall be suspended for the term of such water shut-off with no charge to the owner/customer. Provided, this provision shall only apply if the shut-off is timely requested and all moneys owing to the city for any and all utility services to the sub­ject property are current. (Ord. 714 § 11, 1986).

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For statutory provisions authorizing cities and towns to collect and dispose of garbage and award con­tracts therefor, see RCW 35.21.120; for provisions enabling cities to require all inhabitants to use the city system, see RCW 35.21.130.