Chapter 4.16
GARBAGE STORAGE, COLLECTION AND DISPOSAL

Sections:

4.16.010    Definitions.

4.16.020    Scattering of refuse prohibited—Unlawful accumulation.

4.16.025    Illegal dumping prohibited.

4.16.030    Notice of abatement.

4.16.040    Notice of abatement when owner unknown—Publication.

4.16.050    Abatement by city—Collection of expenses.

4.16.070    Refuse—Containers required.

4.16.080    Refuse—Removal by city—Containers required.

4.16.110    Garbage collection crews—Danger of dog bites.

4.16.120    Premises to be left in sanitary condition—Dropping garbage—Noise.

4.16.130    Preparation of garbage for collection—Regulations to be followed.

4.16.140    Classification of premises—Charges.

4.16.145    Adequate collection required.

4.16.150    Disposal of garbage and refuse by private citizens.

4.16.160    Incineration of refuse—Approval of fire department.

4.16.170    Collection of garbage in residential district—Regulations.

4.16.175    Refuse bins—Stability.

4.16.180    Collection of garbage in business class—License and tax—Regulations.

4.16.185    Certificate of convenience and necessity.

4.16.190    Only authorized persons to remove garbage covers.

4.16.210    Fruit refuse in business class.

4.16.230    Municipal garbage collection service fund.

4.16.240    Penalty for violations.

4.16.300    Yakima County disposal system designated.

4.16.010 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings ascribed to them, unless the context indicates otherwise:

“Ashes” means residue resulting from the combustion of coal, coke, wood or other material in domestic, industrial or commercial stoves, furnaces or boilers.

“Cart” means a container for refuse or yard material designed for automated collection.

“Prepared” and “raw garbage” means waste materials from kitchens, dining rooms and similar places from which liquids have been drained.

“Refuse” means all sweepings, trash, rubbish, litter, garbage, industrial or domestic wastes, organic wastes or residue of animals sold as meat, fruit or other vegetable matter from kitchens, dining rooms, markets, or places dealing in or handling meats, fowls, fruits, grain or vegetables, ashes and cinders, offal, animal excreta and accumulated waste materials or substances which may become nuisances, provided that any of the aforementioned items must occur in volumes greater than one cubic foot.

“Special haul material” means waste material such as dirt, wood, stone, brick, plaster or materials resulting from the demolition, alteration or construction of buildings or structures, or yard trimmings or material larger than four inches in diameter or too long to fit within a ninety-six gallon cart when covered by its lid, or discarded fruit.

“Trash” means waste material containing no putrid matter.

“Yard material” means waste material from tree and shrub trimmings, yard trimmings, leaves and brush and uprooted trees or shrubs. For the purpose of YMC 4.16.020, yard materials are rubbish, trash, or other refuse. (Ord. 2013-009 § 1 (part), 2013: Ord. 2004-25 § 1, 2004: Ord. 2001-34 § 1, 2001: Ord. 2272 § 1, 1979: Ord. 441, 1963; Ord. B-1523 § 1 (part), 1953).

4.16.020 Scattering of refuse prohibited—Unlawful accumulation.

It is unlawful for any person, firm or corporation to throw, place or scatter any garbage, rubbish, ashes, trash or other refuse, over or upon any premises, street or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove the same; or to suffer or permit, from the accumulation of refuse, any premises owned, occupied or controlled by such person, firm or corporation to become or remain offensive, unsanitary, unsightly, unsafe to public health, or hazardous to fire. (Ord. 2013-009 § 1 (part), 2013: Ord. 2004-25 § 2, 2004: Ord. 113 § 1, 1960).

4.16.025 Illegal dumping prohibited.

It is unlawful for any person, firm or corporation to throw, place or scatter any refuse in or upon the refuse container, bin or cart belonging to or made available by the city or licensed collector for the use of another. (Ord. 2013-009 § 1 (part), 2013: Ord. 2004-25 § 3, 2004).

4.16.030 Notice of abatement.

It shall be the duty of the city manager of the city of Yakima, or his or her designee, to give notice in writing to the owner or agent of the owner of any premises, street or alley, either public or private, upon which there has been thrown, placed or scattered any garbage, rubbish, ashes, trash or other refuse, and on which premises such accumulation of refuse has become offensive, unsanitary, unsightly, unsafe to public health, or hazardous to fire, requiring such owner or agent to remove any accumulation of refuse within a reasonable time, which shall be specified in said notice. Said notice shall further contain an estimate of the cost of the work to be done and shall state that in the event such work is not done within the time specified in the notice, the city of Yakima will proceed to remove such accumulation of refuse without further notice, and that the expense of so removing will be charged to the owner of the premises. (Ord. 2013-009 § 1 (part), 2013: Ord. 2012-05 § 1, 2012: Ord. 113 § 2, 1960).

4.16.040 Notice of abatement when owner unknown—Publication.

Whenever such property described in YMC 4.16.020 is owned by a nonresident of the city of Yakima and such owner has no known agent in the city of Yakima, or the owner of such property is unknown, the notice provided for in YMC 4.16.030 shall be served by posting a copy thereof in a conspicuous place on the property, and by publication of such notice once in the official newspaper of the city of Yakima at least fifteen days prior to the time specified in the notice for the removal of such accumulated refuse. (Ord. 2013-009 § 1 (part), 2013: Ord. 113 § 3, 1960).

4.16.050 Abatement by city—Collection of expenses.

In the event the accumulation of refuse has not been removed from the premises in accordance with the notice provided for herein, the city manager of the city of Yakima shall cause the accumulation of refuse to be removed by the city and shall file with the city treasurer of the city of Yakima a statement containing the amount of the expense of the work done, a description of the lot or parcel of land affected and shall direct the city treasurer to proceed with the collection. (Ord. 2013-009 § 1 (part), 2013: Ord. 113 § 4, 1960).

4.16.070 Refuse—Containers required.

It shall be unlawful for any person, firm or corporation to store or permit the storage of refuse on or about the premises occupied by them unless such refuse is kept in those certain containers hereinafter provided. (Ord. 2013-009 § 1 (part), 2013: Ord. B-1523 § 3, 1953).

4.16.080 Refuse—Removal by city—Containers required.

It shall be unlawful for any municipal employee to collect or remove at city expense any refuse from the premises of any person, firm or corporation, or tenant thereof, unless such premises are equipped with those certain containers hereinafter provided for, and unless such refuse is kept and stored in such containers. (Ord. 2013-009 § 1 (part), 2013: Ord. B-1523 § 4, 1953).

4.16.110 Garbage collection crews—Danger of dog bites.

Employees shall not be required to expose themselves to the danger of being bitten by dogs in order to accomplish refuse collection in any case where the owner or tenant has such an animal at large. (Ord. 2013-009 § 1 (part), 2013: Ord. B-1523 § 7, 1953).

4.16.120 Premises to be left in sanitary condition—Dropping garbage—Noise.

No refuse shall be permitted to drop from any truck in or on any public ways of the city. Collection vehicles must not at any time be driven over streets or highways in an overloaded or crowded condition. (Ord. 2013-009 § 1 (part), 2013: Ord. 2004-25 § 7, 2004: Ord. B-1523 § 8, 1953).

4.16.130 Preparation of garbage for collection—Regulations to be followed.

A.    It is unlawful for any person, firm or corporation in the residential classification, as hereinafter classified, to dispose of or store garbage in refuse containers unless such garbage has been prepared for collection, removal and disposal and complies with the definition of “prepared garbage” as set out in this chapter; except, however, that fruit and vegetable wastes which contain a high moisture content and are not susceptible to ready draining shall be deposited as near as possible with ashes or other refuse of a dry nature.

B.    It is unlawful for any person, firm or corporation in the business classification, as hereinafter classified, to dispose of or store garbage in refuse containers unless such garbage has been prepared for collection, removal and disposal and complies with the definition of “raw garbage” as set out in this chapter; except, however, that fruit and vegetable wastes which contain high moisture content and are not susceptible to ready draining shall be deposited as near as possible with ashes or other refuse of a dry nature. (Ord. 2013-009 § 1 (part), 2013: Ord. 441, 1963; Ord. B-1523 § 9, 1953).

4.16.140 Classification of premises—Charges.

A.    For the purpose of regulating the collection of garbage and refuse in the city of Yakima there are established two classifications: one to be known as the “residential classification,” and the other as the “business classification.” The residential classification shall include all premises occupied as a single-family housekeeping unit, either in dwelling houses, apartments, or other multiple residences. “Residential unit,” as used herein, is defined as a unit in which all persons reside together as a single family, whether in single or multiple dwellings. The business classification shall include all other premises.

Provided, property owned by the city may be served by city equipment and crews independently of the classifications and rates established by this chapter; provided further, the rules and regulations established by this chapter pertaining to receptacles and to the preparation, storage, and collection of garbage, refuse and debris shall be applicable to all property within the city, including that owned by the city.

B.    The collection of all refuse in the business classification shall be made only by licensed collectors, hereinafter provided for, at rates to be set by the Washington Utilities and Transportation Commission.

C.    The collection of all refuse in the residential classification shall be conducted by the city of Yakima equipment and personnel and financed by garbage and refuse collection fees hereinafter set forth. The city of Yakima shall not collect refuse from apartments or multiple units in excess of four units except upon the request of the owner or operator thereof. The following collection fees and practices shall apply for all garbage collection services conducted by the city of Yakima.

1.    There are hereby imposed for refuse collection in the residential classification the following charges for each single-family dwelling and for each residential unit in any multiple dwelling:

Type of Residential Refuse Collection Service

Average Monthly Charge

Weekly Charge

At Curb or Alley

 

 

Each 32-gallon cart

$10.00

$2.31

Each 96-gallon cart

$17.02

$3.93

Carry-Out Collection

 

 

Each 32-gallon cart

$19.36

$4.47

Each 96-gallon cart

$28.10

$6.49

An overfill fee of two dollars and thirty-five cents shall be imposed each time an automated cart is filled past its visible full limit or the cart lid will not close due to overfilling.

A call-back charge of twelve dollars and six cents shall be imposed each time a customer requests refuse collection service at a time other than the regularly scheduled time.

Metal bin service charges shall be as follows:

Type of Residential Bin Service

Average Monthly Charge

Weekly Charge

2-Yard

 

 

Each bin, collected weekly

$81.75

$18.88

Each additional bin

$81.75

$18.88

Each additional pickup per bin

$49.02

$11.32

4-Yard

 

 

Each bin, collected weekly

$130.77

$30.20

Each additional bin

$130.77

$30.20

Each additional pickup per bin

$98.03

$22.64

6-Yard

 

 

Each bin, collected weekly

$179.82

$41.53

Each additional bin

$179.82

$41.53

Each additional pickup per bin

$147.09

$33.97

An overfill fee of twelve dollars and twenty-six cents shall be imposed each time a bin is filled past its visible full limit or the bin lid will not close due to overfilling.

Temporary 2-Yard Bin Accounts:

 

Initial Delivery/Rental Fee

$40.87

Pickup Charge

$10.22

Daily Service Fee

$0.34

Temporary 4-Yard Bin Accounts:

 

Initial Delivery/Rental Fee

$65.39

Pickup Charge

$16.34

Daily Service Fee

$0.54

Temporary 6-Yard Bin Accounts:

 

Initial Delivery/Rental Fee

$89.91

Pickup Charge

$22.48

Daily Service Fee

$0.75

2.    In addition to the charges imposed by subsection (C)(1) of this section, a separate charge, to be known as the “yard service charge,” is imposed on each residential unit that elects to receive yard material collection service from the city during the nine-month period of each year commencing March 1st and ending November 30th. Such service shall utilize one sixty-four-gallon cart or one or more ninety-six-gallon carts owned and provided by the city. The yard service charges shall be as follows:

Type of Residential Yard Waste Service

Average Monthly Charge

Weekly Charge

Each 64-gallon cart

$7.01

$1.62

Each 96-gallon cart

$12.82

$2.96

Each additional 96-gallon cart

$6.41

$1.48

The appropriate charge shall be billed to each residential unit that elects to receive this service at the time and as a part of the billings rendered for other city services applicable for that nine-month period. A call-back charge of twelve dollars and six cents shall be imposed each time a customer requests yard material collection service at a time other than the regularly scheduled time.

3.    All of the charges for garbage and refuse collection provided in subsections (C)(1) and (C)(2) of this section shall be billed for and paid at the same time and for the same period as billings and payments are made for other city utility services; or, in the event a customer is served by the refuse division but is not served with another city utility, garbage and refuse collection charges shall be billed and paid for according to the schedule which would be applicable to such customer were he so served with another city utility service. Accounts shall become delinquent if not paid within the time specified by YMC 7.50.080 for payment of water service charges.

4.    Garbage and refuse collection charges will be suspended for any customer upon advance notice to the office of the division of utility accounts that a particular premises served will be unoccupied and such charges will be resumed on notice to such office to resume service. No such suspension of charges for garbage and refuse collection service will be made for any premises served with any other city utility unless all city utility service to such premises is likewise suspended.

Application for resumption of service to a new customer shall be made to the office of the division of utility accounts on forms provided for that purpose which shall contain the name of the customer and the street address and number of units of the premises to be served.

5.    Collection service may be suspended for nonpayment of accounts, but such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter or other ordinances pertaining to garbage, refuse, or sanitation. Such suspension of service shall render the premises where such collection service is suspended subject to condemnation for lack of sanitary requirements, and the owner or person in charge or in possession of said premises shall be subject to prosecution for maintaining a nuisance thereon, as well as enforcement of all other applicable laws.

6.    Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property from which the garbage collection service shall have been rendered. Such lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges and giving a legal description of the premises at which the service was rendered. Such lien shall be filed with the same official and within the time and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material, and shall be superior to encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local improvement assessments, whether levied prior or subsequent thereto.

D.    The yard material collection service, for which the yard service charge is imposed by subsection (C)(2) of this section, shall include the weekly collection of yard material from automated sixty-four-gallon or ninety-six-gallon carts furnished by the city department of public works during the nine-month period for which the yard service charge is billed to any particular premises. For collection purposes, the total weight of each cart including yard material deposited therein may not exceed two hundred pounds. Yard material larger than four inches in diameter or too long to fit within a yard waste cart when covered by its lid shall not be placed in a cart for collection, but may, upon proper request, be collected as special haul material.

E.    In addition to the regulations adopted and charges imposed by subsections C and D of this section, further charges are imposed in the following types of service:

1.    A charge of two dollars and thirty-five cents, in addition to the surcharge for collecting refuse and yard material, shall be made for each extra container, bag, box or bundle of tree or shrub trimmings, collected from any particular residential premises.

2.    For a special garbage pickup, actual cost shall be charged to the customer. Actual cost shall include the city’s actual cost for labor, equipment rental, and landfill fees. The minimum charge for this service shall be twenty-five dollars. (Ord. 2013-009 § 1 (part), 2013: Ord. 2011-64 § 1, 2011: Ord. 2011-06 § 1, 2011: Ord. 2009-60 § 1, 2009: Ord. 2009-49 § 1, 2009: Ord. 2007-63 § 1, 2007: Ord. 2006-07 § 1, 2006: Ord. 2005-77 § 1, 2005: Ord. 2004-80 § 1, 2004: Ord. 2004-25 § 8, 2004: Ord. 2002-58 § 1, 2002: Ord. 2001-75 § 1, 2001: Ord. 2001-34 §§ 2—4, 2001; Ord. 2000-61 § 1, 2000: Ord. 99-52 § 1, 1999: Ord. 98-71 § 1, 1998: Ord. 97-75 § 1, 1997: Ord. 96-83 § 1, 1996: Ord. 95-61 § 1, 1995; Ord. 94-81 § 1, 1994: Ord. 3507 § 1, 1993: Ord. 3425 § 1, 1991; Ord. 3319 § 1, 1990; Ord. 3228 § 1, 1989; Ord. 3005 §§ 1, 2, 1987; Ord. 2922 § 6, 1985; Ord. 2880 § 4, 1985; Ord. 2868 §§ 1, 2, 1985; Ord. 2658 § 1, 1982; Ord. 2574 § 1, 1981; Ord. 2480 § 1, 1980; Ord. 2272 §§ 2, 3, 1979; Ord. 2144 §§ 1, 2, 1977; Ord. 1876 §§ 1, 2, 1975; Ord. 1589 § 1, 1973; Ord. 1363 § 1, 1971; Ord. 1238 § 1, 1970; Ord. 441, 1963: Ord. 259 (part), 1961: Ord. B-2028, 1957: Ord. B-1876, 1956: Ord. B-1523 § 10, 1953).

4.16.145 Adequate collection required.

1.    Persons who obtain refuse service for collection of refuse in the residential or business classification shall provide adequate pickups per week or containers to ensure that the amount of refuse generated does not overfill the containers. Containers shall be considered overfilled when the lid will not close due to the amount of refuse deposited therein or when said container is full and additional refuse is left at the premises in violation of YMC 4.16.070. Any person violating this provision shall, upon conviction, be punished by a fine not to exceed one hundred dollars. This infraction is a singular continuing offense for each day that passes.

2.    At any premises where the city of Yakima provides metal bin or automated refuse service, if said containers are repeatedly overfilled, the city of Yakima may require an increased number of pickups per week, increased number of containers, or increased size of container or may terminate service. As used in this section, “repeatedly overfilled” means that the container is overfilled for any three consecutive pickups.

3.    Upon determining that containers are repeatedly overfilled, the refuse and recycling manager or his/her designee shall send notice of intent to increase the container size, number of containers or number of pickups per week to the person responsible for the payment of charges imposed under YMC 4.16.140. Such notice shall be sent to the most recent billing address for the account. Unless a notice of objection is received within fourteen calendar days from the date the notice is mailed, objection shall be deemed waived and the increased service shall at that time be implemented.

4.    Upon objection being received to the increase in service levels, the director of public works shall review the matter, such review to include any additional information submitted by the objecting party, and issue a written decision to increase the number of pickups per week or terminate service or to leave service at the current level.

5.    The Yakima city council shall have jurisdiction to hear appeals from the written decision of the director of public works.

a.    The aggrieved party shall have the right to appeal the written decision of the director of public works within seven days after the entry of the written decision of the director of public works from which the appeal is taken. The notice shall specify every ground relied on by the appealing party as reasons for reversal by the city council of the written decision of the director of public works from which the appeal is taken. The notice of appeal shall specify an address at which the appellant may be given notice of hearing on the appeal.

b.    After the timely filing of such an appeal, the Yakima city council shall set a time and place, not more than thirty days from the date of receipt of such notice of appeal, for a hearing thereon. At the hearing the appellant shall be entitled to appear in person, be represented by counsel, and offer evidence in support of the grounds relied on by appellant to reverse the written decision of the director of public works.

c.    Within ten days from the date of the hearing before the city council, the council shall either affirm or reverse the written decision of the director of public works from which the appeal was taken; and a written notice of the decision of the council shall forthwith be served on the appellant or mailed to the address specified by appellant for giving the notice of appeal under subsection (5)(a) of this section. The decision so made by the council shall be final. (Ord. 2013-009 § 1 (part), 2013: Ord. 2009-48 § 1, 2009: Ord. 2004-25 § 10, 2004).

4.16.150 Disposal of garbage and refuse by private citizens.

It shall be the duty of every person occupying any residential premises in the city falling within the residential classification to cause all garbage to be removed and disposed of by the refuse and recycling division of the department of public works in accordance with the provisions of this chapter. No garbage shall be collected or disposed of by other than the refuse and recycling division of the department of public works or by a licensed collector; provided, that nothing in this chapter shall prevent a person from hauling refuse accumulated from that person’s own premises to the sanitary landfill for disposal in accordance with regulations applicable to the sanitary landfill operation; and provided further that recyclable solid waste may be collected and properly disposed of by any private hauler or citizen. (Ord. 2013-009 § 1 (part), 2013: Ord. 96-12 § 1, 1996: Ord. 3005 § 3, 1987: Ord. 259 (part), 1961: Ord. B-1523 § 11, 1953).

4.16.160 Incineration of refuse—Approval of fire department.

It is unlawful for any person to burn any refuse, except trash burned in a stove or furnace, in or upon any private property, street, or alley in the city; provided, however, that refuse may be burned inside private buildings in an incinerator connected to a proper flue when such incinerator is so constructed as to consume completely such waste material without offensive residue or odor and when such incinerator bears the approval of the fire department of the city. (Ord. 2013-009 § 1 (part), 2013: Ord. B-1523 § 12, 1953).

4.16.170 Collection of garbage in residential district—Regulations.

There are established the following rules and regulations pertaining to receptacles, preparation and care of garbage by property owners or persons in control in the residential district:

(a)    The owner or person in charge of or in possession of any dwelling, flat, duplex or apartment house in the residential district shall at all times keep or cause to be kept portable sanitary containers for the disposal therein of garbage and refuse and shall deposit or cause to be deposited therein such garbage and refuse.

(b)    It shall be the duty of the owner or person in control of any dwelling, flat, duplex or apartment house to furnish to and to see that his tenants are supplied with such sanitary containers as provided in this chapter.

(c)    Such containers shall be watertight, of good construction with no dents, and except as provided in subsection (j) of this section, shall be of not more than thirty-two-gallon capacity and shall have either a sturdy handle at each side thereof or other structure adequate and appropriate for lifting and emptying the container during collection. The gross weight of any container when full shall not exceed sixty-five pounds, unless the customer has established carry-out service as provided in subsection (d)(1) of this section, in which case the gross weight of any container when full shall not exceed fifty pounds. Empty containers shall not weigh more than fifteen pounds.

(d)    Subject to certain provisions stated below, garbage or refuse containers shall be kept on the residential property at all times. No containers shall be kept or stored on any public alley, street, or within any public right-of-way. No containers shall interfere with the convenient, sightly and sanitary enjoyment of private property.

(1)    A reasonable time before regularly scheduled pickup, unless the refuse collection customer has established carry-out service as specified in subsection (d)(2) of this section, containers shall be placed at the property line at the alley adjacent to the property, or, for properties not adjoining an alley or adjoining an alley which is not utilized by the refuse division, at the curb of the adjoining street. A reasonable time after pickup, customers shall return containers to their usual position.

(2)    Refuse collection customers may establish carry-out service for garbage cans as follows: “Carry-out service” as used herein means collection service for sunken containers or for any container not placed at the property line as specified in subsection (d)(1) of this section. Carry-out service containers shall be located for collection where they are convenient and accessible within one hundred feet of the alley adjacent to the property, or, for properties not adjoining an alley, within one hundred feet of the adjoining street.

(e)    The owner or person in charge of such dwelling, flat, duplex or apartment house shall maintain the place where said garbage cans are located in a clean and sanitary condition, and shall at all times prevent said cans from being upset or spilled by dogs or any sources whatsoever. Such cans shall be so secured as to render the cans inaccessible to marauding animals.

(f)    All bottles, metal scraps, tin cans and glassware may be placed in the same can that is used for prepared garbage. Cold ashes and clinkers may be disposed of in the same can as other garbage, but must be separately wrapped or contained within the can.

(g)    It shall be the duty of every person in possession, charge or control of any dead animal, or of any premises on which the same may be located, to cause the same to be removed and disposed of. No person in charge of such premises shall suffer, permit or allow such animal to remain thereon for a period longer than twenty-four hours.

(h)    All containers shall be placed for collection on regularly scheduled pickup days in such a position that no employee or collector of the city refuse division shall be required to open any gate or door or obstruction of any kind in order to obtain access to the same; provided, however, that such employee or collector may open the door or gate to an enclosure which is specifically designed and used solely for keeping such containers.

(i)    All animal excreta as set out for collection shall be placed in a separate, tight, disposable container and shall not be commingled with any other garbage or refuse.

(j)    In lieu of garbage containers specified in subsection (c) of this section, drop-off bins furnished by the city may be used to serve multiple dwellings and other premises where large amounts of refuse are collected. Such bins shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. The city will furnish such drop-off bins upon request to the city department of public works made by the owner or person in charge of the premises.

(k)    For each dwelling, multiple unit dwelling or other premises where automated collection is available, in lieu of the garbage collection containers specified in subsection (c) of this section, the city will provide city-owned thirty-five or ninety-six-gallon carts to be used for refuse collection. Such carts shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property.

(l)    Lids for all refuse containers defined by subsection (j) of this section shall remain closed at all times except when refuse is being deposited into or emptied from such containers. Such containers shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing matter.

(m)    The manager of the refuse division of the department of public works may waive any provision of this section and YMC 4.16.140 when specific circumstances render enforcement of such provision impossible or impracticable. Such waiver may be conditioned on such terms as the manager may determine are appropriate. Such waiver must be stated in writing and shall be limited to its express terms. Any person aggrieved by an action of the manager regarding such a waiver may appeal the action to the director of the department of public works. Any person aggrieved by the director’s action regarding such appeal may appeal to the city council. (Ord. 2013-009 § 1 (part), 2013: Ord. 2004-25 § 9, 2004: Ord. 99-52 § 2, 1999: Ord. 95-61 §§ 2—4, 1995; Ord. 3005 §§ 4—6, 1987; Ord. 2405 § 1, 1980; Ord. 1552 § 1, 1973: Ord. 1238 § 2, 1970; Ord. 259, 1961: Ord. B-1523 § 13, 1953).

4.16.175 Refuse bins—Stability.

It is unlawful for any person, firm or corporation to use or allow others to use any bin for refuse storage which has been banned as a hazardous product pursuant to Title 16 of the Code of Federal Regulations, Sections 1301.4, 1301.5, 1301.6 and 1301.7. (Ord. 2013-009 § 1 (part), 2013: Ord. 2405 § 2, 1980).

4.16.180 Collection of garbage in business class—License and tax—Regulations.

A.    License Required. No person, association or corporation shall engage in the business of collecting and hauling garbage, refuse or debris within the city or in gathering the same within the city for disposal at some point or area outside of the city without obtaining a license therefor and complying with the regulations of this section.

B.    Application—Fee—Bond. Written application for the licenses or renewals thereof on forms provided by the city clerk shall be accompanied by payment of a yearly basic license fee of ten dollars, payable on or before January 1st of each year. The term of the license shall commence on January 1st of each year. In the event of an application for a license for a period of less than one year, the basic fee shall nevertheless be paid in full. The basic fee of ten dollars shall be credited against the license tax provided for by subsection C of this section. Upon notification to the city clerk, licenses may be transferred to purchasers or assigns of the licensee’s equipment or business. No basic fee shall be refunded.

At the time of making application, the applicant shall furnish a bond in the amount of five thousand dollars, issued by a surety company authorized to do business in the state of Washington, the form of which bond shall be conditioned on the faithful compliance by the applicant with the provisions of this chapter, and further conditioned that the collection, transportation and disposal of garbage, refuse and debris shall be carried on by applicant according to the laws of the state of Washington, the ordinances of the city of Yakima and the rules and regulations of the Yakima County Health District.

C.    License Tax Imposed—Amount.

(1)    Commencing February 1, 1991, and effective until December 31, 1992, there is levied upon every person, association or corporation holding a license for the collection and hauling of garbage, refuse or debris within the city, or in gathering the same within the city for disposal at some point or area outside of the city, a tax for the privilege of doing so, such tax to be equal to eight percent of the cash receipts from all customers within the city served by the license holder. Such tax shall be due and payable in quarterly installments, for quarters ending with the last days of March, June, September and December of each year, and remittance therefor shall be made on or before thirty days after the end of the quarterly period for which it is due.

(2)    Commencing January 1, 1993, and effective until December 31, 1993, there is levied upon every person, association or corporation holding a license for the collection and hauling of garbage, refuse or debris within the city, or in gathering the same within the city for disposal at some point or area outside of the city, a tax for the privilege of doing so, such tax to be equal to ten percent of the cash receipts from all customers within the city served by the license holder. Such tax shall be due and payable in quarterly installments, for quarters ending with the last days of March, June, September and December of each year, and remittance therefor shall be made on or before thirty days after the end of the quarterly period for which it is due.

(3)    Commencing January 1, 1994, and effective thereafter, there is levied upon every person, association or corporation holding a license for the collection and hauling of garbage, refuse or debris within the city, or in gathering the same within the city for disposal at some point or area outside of the city, a tax for the privilege of doing so, such tax to be equal to ten percent of the cash receipts from all customers within the city served by the license holder. Such tax shall be due and payable in quarterly installments, for quarters ending with the last days of March, June, September and December of each year, and remittance therefor shall be made on or before thirty days after the end of the quarterly period for which it is due.

(4)    Commencing January 1, 2012, and effective thereafter, there is levied upon every person, association or corporation holding a license for the collection and hauling of garbage, refuse or debris within the city, or in gathering the same within the city for disposal at some point or area outside of the city, a tax for the privilege of doing so, such tax to be equal to sixteen percent of the cash receipts from all customers within the city served by the license holder. Such tax shall be due and payable monthly and remittance therefor shall be made on or before thirty days after the end of the last preceding calendar month for which it is due.

D.    Manner of Payment—Audit of Records of Licensee. Payment of the tax imposed by subsection C of this section shall be made to the office of the treasurer of the city of Yakima accompanied by a report of the licensee of the amount of gross cash receipts from customers within the city for the period for which the tax is paid, which report shall contain such information as may be deemed necessary or desirable by the treasurer to administer the collection of such tax. License holders shall afford access at all reasonable times to their books and records for inspection and audit by the city finance officer or other auditor appointed by the city manager or engaged by the city for that purpose, for the purpose of verifying the accuracy of reports and the amounts of tax payments made to the city treasurer pursuant to this section.

E.    Rules and Regulations. There are established the following rules and regulations for the collection and hauling of garbage, refuse and debris in the business classification, as defined by YMC 4.16.140:

1.    The beds of all trucks used by licensee within the city shall be of metal construction and completely watertight. Truck beds must be kept clean and free of any accumulation of garbage or other refuse.

2.    All licensed collectors, after loading trucks, must leave all alleys and streets in a clean and sanitary condition. Such collectors shall not permit any material to be dropped or spilled from trucks in or upon any of the public ways of the city.

3.    The charge for collection in the business class shall be paid by the owner or person in charge of the place from which such garbage or refuse shall be removed. Such charge shall be agreed upon between such person and the collector. Each licensed collector shall furnish to the city of Yakima semiannually a list of all accounts and frequency of collection thereof.

4.    The owner or person in control or charge of each building in the business class shall maintain for refuse storage and disposal metal containers of good and watertight construction with no dents of not more than thirty-gallon capacity with a handle on each side thereof and tight-fitting lids, the gross weight of which container when full shall not exceed seventy-five pounds. In lieu of such containers, the premises may be served with drop-off bins; provided, bins with a capacity of one and one-half cubic yards (40.5 cubic feet) or greater shall not be stored within five feet of combustible walls, openings or combustible roofline eaves.

Refuse containers shall be placed on the premises in such a manner and at such a location so as to be readily accessible for collection and shall not be kept on the street, alley, sidewalk or other public place; provided, that garbage cans or other approved containers may be placed on a platform or rack in the alley in back of the premises in a location approved by the code administration manager with the lids for the cans or containers chained and locked or otherwise secured to the platform or rack. Lids shall not be removed except while refuse is being placed in or removed from the receptacles.

F.    Revocation of License. A license issued pursuant to this section is subject to revocation by the city manager on a hearing conducted by him, after notice of such hearing given to the licensee no less than five days prior to the date of such hearing, on the finding by the city manager that a licensee has failed to comply with any provision of this section or with any city ordinance applicable to the conduct of the business of the licensee. In the event of the revocation of a license by the city manager as provided herein, the licensee shall have the right to a hearing on the matter by the city council on the filing with the city clerk of a written notice of appeal within ten days after the city manager’s revocation of the license. The decision of the city council on such appeal shall be final and conclusive.

G.    Purpose of Section. This section is enacted to provide regulation of the business of garbage collection within the city and to provide revenue for the operation of necessary city functions. (Ord. 2013-009 § 1 (part), 2013: Ord. 2011-59 § 7, 2011: Ord. 93-113 § 1, 1993; Ord. 93-104 § 1, 1993; Ord. 3488 § 1, 1992; Ord. 3321 § 1, 1990; Ord. 3159 § 1, 1989; Ord. 3005 § 7, 1987; Ord. 2659 § 1, 1982; Ord. 2573 § 1, 1981; Ord. 2447 § 1, 1980; Ord. 1881 § 1, 1975: Ord. 1552 § 2, 1973: Ord. 1360 § 2, 1971; Ord. 1206 § 1, 1969; Ord. 1195 § 1, 1969; Ord. 953, 1967: Ord. 441, 1963: Ord. 277, 1961: Ord. 259, 1961: Ord. B-1523 § 14, 1954).

4.16.185 Certificate of convenience and necessity.

No license to collect garbage, refuse or debris in the business classification, as required by YMC 4.16.180, shall be issued to any applicant unless the applicant holds a valid certificate issued by the Washington Utilities and Transportation Commission of the state of Washington granting to the applicant the right to engage in the business of operating as a garbage and refuse collection company within the city of Yakima. (Ord. 2013-009 § 1 (part), 2013: Ord. 1047 § 1, 1968).

4.16.190 Only authorized persons to remove garbage covers.

It shall be unlawful for any person, other than the person in possession, charge or control of any premises, authorized employees of the city of Yakima, or licensed collectors, to remove or lift the coverings of any garbage cans, trash or refuse boxes; and no other person shall tamper with or remove any article or material whatsoever from the receptacles. (Ord. 2013-009 § 1 (part), 2013: Ord. B-1523 § 15, 1953).

4.16.210 Fruit refuse in business class.

There is hereby excepted from the business class of collection all fruit refuse from any fruit processing plant or warehouse in the city of Yakima. Such fruit refuse shall be disposed of by such fruit processing plants or warehouses in such a manner so as not to create a nuisance. (Ord. 2013-009 § 1 (part), 2013: Ord. 441, 1963: Ord. B-1523 § 17, 1953).

4.16.230 Municipal garbage collection service fund.

(a)    There is created a special fund of the city of Yakima to be known as the “municipal garbage collection service fund,” which fund is established for the purpose of accumulating moneys derived from the operation and maintenance of the garbage collection and disposal service of the city of Yakima; and for the purpose of defraying all of the operating and maintenance expenses and costs incurred by the city of Yakima in the collection and disposal of garbage and refuse.

(b)    The city treasurer is authorized, empowered and directed to deposit any and all moneys received in payment of said garbage collection and disposal service, to the credit of the fund hereby created.

(c)    The city council is authorized to include in each annual budget hereafter, an appropriation for garbage collection and disposal, including operation and maintenance of equipment therefor; which appropriation shall be credited to said fund immediately upon becoming available.

(d)    There shall be paid from the fund hereby created, all garbage collection and disposal costs and expenses, including salaries and wages, operation and maintenance of equipment and all other operating costs, fees, charges and expenses. (Ord. 2013-009 § 1 (part), 2013: Ord. B-1523 § 19, 1953).

4.16.240 Penalty for violations.

Unless otherwise stated in this title, any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed two hundred fifty dollars or by imprisonment in the city jail facility for a period of not to exceed ninety days. (Ord. 2013-009 § 1 (part), 2013: Ord. 1533 § 5, 1973: Ord. B-1523 § 20, 1953).

4.16.300 Yakima County disposal system designated.

The Yakima County disposal system shall be used for the disposal of all solid waste generated and/or collected within the corporate limits of the city of Yakima. Yakima County is authorized to designate disposal facilities for the disposal of all solid waste and moderate risk waste generated or collected within the corporate limits of the city of Yakima except for solid waste which is eliminated through waste reduction or waste recycling activities or disposal of inert demolition debris consistent with the solid waste management plan. (Ord. 2013-009 § 1 (part), 2013: Ord. 3420 § 1, 1991).