Chapter 8.04
GARBAGE COLLECTION AND DISPOSAL
Sections:
8.04.010 Definitions.
8.04.020 Enforcement authority.
8.04.030 Service compulsory.
8.04.040 Unlawful accumulations.
8.04.050 Burying or dumping prohibited.
8.04.060 Residential collection – Method and frequency.
8.04.065 In-ground receptacles – Permitted in multifamily residential complexes with single billing.
8.04.070 Residential collection – Types of services.
8.04.080 Containerized, bulk containerized and compactor containerized service.
8.04.090 Rates.
8.04.095 Additional charges.
8.04.100 Maintenance of containers.
8.04.110 Dead animals.
8.04.120 Authority to contract for service.
8.04.130 Billings – Delinquencies.
8.04.140 Violations – Penalties.
8.04.010 Definitions.
For the purpose of this chapter, certain words and phrases are defined as follows:
A. “Alley” means a strip of land dedicated to public use for access to the rear of properties. Such alleys, to be used for the purpose of refuse collection, must be least 20 feet wide and open to a public street at each end or otherwise as approved by the Public Works Director in accordance with the purposes of this chapter.
B. “Bulk containerized service” means use of drop boxes in excess of 10 cubic yards in size as approved by the Public Works Director.
C. “Commercial account” means any group of dwelling units in excess of two, or places of business providing goods or services.
D. “Containerized service” means service and equipment approved by the Public Works Director, wherein the contractor provides a vehicle equipped for mechanical handling of containers with casters up to 10 cubic yards. Such containers shall be provided by the contractor.
E. “Garbage” means all accumulations of animal, fruit or vegetable matter which attend the preparation, use, cooking, dealing in, or storage of meat, fish, fowl, fruits or vegetables and containers originally used for foodstuffs, yard debris such as tree limbs, grass clippings, leaves, weeds, etc. For the purposes herein, the terms “garbage” and “refuse” shall be synonymous.
F. “Licensed contractor” means a company licensed to commercially remove garbage within the City, and is also referred to at times in this chapter as “licensee,” and includes all employees.
G. “Nonconforming items” means all refuse items placed out for collection which do not constitute regular residential or commercial garbage and which by size, weight or unwieldiness pose increased difficulty for garbage collection services. Examples of such nonconforming items are large, bulky items, including tree limbs and stumps over four inches in diameter, furniture and appliances, concrete, building materials, tires, etc.
H. “Residential account” means any dwelling unit or group of dwelling units not exceeding two in number, used exclusively as a place of residence.
I. “Trash” means weeds and grasses and waste materials except rocks, concrete, bricks, dirt, plaster and similar building materials.
J. “Compactor container” refers to use of bulk containerized service where garbage is mechanically compressed into a smaller volume with greater density.
K. “Extra pickups” means garbage pickups which have been requested by a customer for a time other than the customer’s regular garbage pickup time. [Ord. 1739, 1991; Ord. 1732 § 1, 1991; Ord. 1190 § 1, 1978; Ord. 1187 § 2, 1978; 1956 Code § 8-101.]
8.04.020 Enforcement authority.
The Public Works Director shall enforce the provisions of this chapter and shall have the power to supervise the work performed by a contractor to ensure the collection, removal and disposal of refuse consistent with the provisions of this chapter. [Ord. 1739, 1991; Ord. 1189 § 3, 1978.]
8.04.030 Service compulsory.
All dwellings, apartment houses, and places of business in which refuse accumulates within the City shall be required to pay for refuse collection services of a contractor licensed by the City. If any customer requests a certain level of collection service, but that customer exceeds the amount of garbage allowed for that level of service, the City shall designate the customer’s level of service at the appropriate level, and the customer shall be charged accordingly. [Ord. 1739, 1991; Ord. 1189 § 4, 1978.]
8.04.040 Unlawful accumulations.
A. It is unlawful for any occupant or owner of any building, lot or premises in the City to allow or permit any refuse to collect or remain upon such premises in such manner or quantity as to constitute a fire or a health hazard.
B. Any accumulation of refuse which constitutes a fire hazard or a menace to public health, safety or welfare is deemed a nuisance. It is the duty of the occupant, owner and person who placed the accumulation at such location to abate the nuisance by removing the accumulation and cleaning the area up.
C. The Public Works Director, the Fire Chief, or their designee(s) shall enforce the provisions hereof. If any occupant, owner or responsible person fails to abate such nuisance, the City Council may, after a report filed by the Fire Chief of the Public Works Director, by resolution, require such occupant, owner or responsible person to abate the nuisance by removal thereof, at such person’s cost and expense, within the time specified in the resolution. If the nuisance is not abated within such time, the Public Works Director or the Fire Chief may direct abatement of the same as set forth hereinbelow.
D. The resolution of the City Council referred to above shall not be passed until the property owner is given at least five days of notice of the pendency of the proposed resolution, such notice being given by the Director of Pubic Works or by the Fire Chief by mailing a copy of the notice to the owner, occupant or responsible party at the last known address shown on the records of the City or the County Treasurer, and if no address is known, a copy of the notice shall be posted on the property and shall also be published in one issue of the official newspaper of the City. Any mailing, posting or publication shall be made at least five days prior to the consideration by the City Council of the proposed resolution. The notice shall include a description of the resolution, a description of the property involved and the nature of the circumstances constituting the nuisance.
E. If the nuisance is not abated by the occupant, owner or responsible person within the time fixed by resolution, the Fire Chief or the Public Works Director may abate the nuisance, and shall prepare or cause to be prepared a bill covering the costs to the City of such abatement, and the bill shall be made to the occupant, owner or responsible person. The bill shall be payable immediately. If the bill is not paid or if no bill can be mailed because no address is known for the occupant, owner or responsible person, the Fire Chief or the Public Works Director may, on behalf of the City of Sunnyside, file a lien therefor against the property, which lien shall be in the same form filed with the same officer and within the same time and manner and shall be subject to enforcement and foreclosure as provided by law for liens for labor and materials or as otherwise provided by law for liens able to be filed by the City. [Ord. 1739, 1991; Ord. 1187 § 5, 1978.]
8.04.050 Burying or dumping prohibited.
It is unlawful for any person to bury or dump or permit to be buried or dumped any refuse or garbage in any place within the City. [Ord. 1739, 1991; Ord. 1187 § 6, 1978.]
8.04.060 Residential collection – Method and frequency.
A. Tapered metal or plastic water-tight containers with tight-fitting covers and handles, with a capacity not to exceed 35 gallons or 50 pounds in weight when filled, are deemed to be acceptable refuse containers in residential areas. If a contractor provides an approved mechanical loading device, and 80- to 90-gallon wheeled carts with tight-fitting lids, they shall be used by customers in residential areas. Underground receptacles for refuse containers must be placed above the ground on the morning of regularly scheduled collection by the customers. If the receptacle is not above ground, the contractor is not required to empty or collect the refuse. No employee for a contractor may remove or cause to be removed from any premises any refuse which is not so contained, except as otherwise provided in this section.
B. The separation of garbage and trash shall not be required.
C. The contractor shall collect once each week, from each dwelling unit in the City.
D. All curb and alley service customers shall place the refuse at the curb or edge of the street or alley in front of or adjacent to the property being serviced, not later than 5:00 a.m. on the day of collection, and shall thereafter remove the refuse containers from the curb or edge of street or alley on the same day of the collection. Provided, however, that whether the service be at the curb or edge of street or in the alley, the house numbers or address numbers shall be visible.
E. Trimmings and limbs shall be collected if they are less than four inches in diameter and tied at each end in bundles not to exceed four feet in length and 40 pounds in weight. Trimmings and limbs may be boxed in boxes strong enough to hold the contents if they do not weigh more than 40 pounds. Provided, that an additional charge will be required for this service as set forth in SMC 8.04.090.
F. Leaves and lawn clippings shall be collected if they are placed in refuse containers, boxes or plastic bags strong enough to hold the contents and not weighing more than 40 pounds and set out at the curbline or for trash collection. This service may require an additional charge if it exceeds the number of containers to which the customer is entitled, as provided in SMC 8.04.090. [Ord. 1748 § 1, 1991; Ord. 1739, 1991; Ord. 1187 § 7, 1978.]
8.04.065 In-ground receptacles – Permitted in multifamily residential complexes with single billing.
In mobile home parks or in recreational vehicle parks, or in any other multifamily residential complex or development where City utilities for all of the residential units are billed under one account, in-ground garbage receptacles may be used.
It is provided, however, that if the in-ground garbage receptacle is too heavy (in excess of approximately 50 pounds weight); full or partially full of water or other liquid; or if the container is bent, damaged or broken so as to increase the difficulty of removing the container from the in-ground receptacle; or if snow, ice or other matter or debris obstructs the location of the in-ground receptacle, the garbage hauler may, at his or her discretion, leave the in-ground garbage container uncollected. It is further provided that if the garbage hauler does leave the in-ground garbage container uncollected for any of the above cited reasons, the garbage hauler shall notify the resident in writing by leaving a tag on the receptacle or other conspicuous place, with the tag setting forth the reason that the garbage was not collected. If the problem or defect is not correct by the next time that the in-ground garbage receptacle would be next collected in the normal routine of collection services, the garbage hauler shall advise the City of Sunnyside of the problem or defect and the lack of correction. [Ord. 1749 § 1, 1991.]
8.04.070 Residential collection – Types of services.
A. Curb Service. Customers shall be responsible for placing refuse containers at the front curbline or at the edge of the street or alley in front of or adjacent to the property being serviced on collection days.
B. Walk-in Service. Walk-in service which requires the refuse collector to go more than five feet beyond the curbline or edge of the street or alley is available to property for an additional charge to be determined by contract with the City as long as a contractor is not required to enter a fenced area to collect refuse. The prohibition and conditions on walk-in service listed above shall not apply if the customer is disabled so as to make it impossible for him or her to comply with this section.
C. Nonconforming Items. Nonconforming items as defined in SMC 8.04.010(G) placed out to the curb or edge of the street or alley shall not be collected by the contractor except as provided in SMC 8.04.095(B).
D. Containerized Service. Containerized service shall be used by all multiple-dwelling units with three or more units. [Ord. 1748 § 2, 1991; Ord. 1739, 1991; Ord. 1187 § 8, 1978.]
8.04.080 Containerized, bulk containerized and compactor containerized service.
A. The containers, bulk containers and compactor containers used in connection with containerized service, bulk containerized service and compactor containerized service, if used by a commercial or industrial customer, shall be located at a place specified by the Public Works Director. Commercial customers with a low volume of refuse may use 80- to 90-gallon wheeled carts with tight-fitting lids if a contractor provides a mechanical loading device for collection.
B. Commercial and industrial customers with a high volume of refuse materials who cannot be adequately served by containerized service shall use bulk containerized service.
C. Collection of refuse from all meat, fish, game and vegetable markets, restaurants, boardinghouses, hotels, hospitals and other like businesses shall be made as often as necessary to avoid odor nuisance or overflowing of container contents. The City’s garbage collection service shall pick up containers, bulk containers and compactor containers not later than 30 hours after the time a request for pickup is made by the customer. The charges for such pickup shall be as provided in this chapter. [Ord. 1739, 1991; Ord. 1732 § 2, 1991; Ord. 1211 §§ 1, 2, 1979; Ord. 1210 §§ 1, 2, 1979; Ord. 1203 §§ 1, 2, 1979; Ord. 1190 § 1A, 1978; Ord. 1189 § 9, 1978.]
8.04.090 Rates.
The rates to be billed by the City and charged to residents and customers of the City for collection of garbage and trash shall be as follows:
A. Residential Rates. The City has two basic residential rates. The first rate will consist of one metal can or plastic refuse container. The second rate will consist of up to three metal cans or plastic refuse containers. These containers shall conform to SMC 8.04.060. No plastic bags, boxes or other container shall be used until the stickered container has been filled to level capacity. Any items placed on top or outside of the container, such as boxes, plastic bags or sacks, or other individual items that exceed the level capacity of the stickered container shall bear a penalty charge per item as set forth below. Customers using up-to-three-can rate shall be required to use containers as described in SMC 8.04.060. No plastic bags, boxes or other containers shall be used until the first three containers have been filled to their level capacity. All extra items placed on top of or outside these containers, such as boxes, plastic bags or sacks, or other individual items, shall bear a penalty charge per item as set forth below. The one-can and up-to-three-can rate restricts the use of the metal can or plastic containers to only level capacity so that a lid can be placed tightly on top of the container. Any changes in service shall go into effect on the first day of the following month.
The monthly rates for residential garbage collection shall be as follows:
|
Description of Service |
Charges Per Month |
|
1 can only per week |
$7.49 |
|
Up to 3 cans per week |
$10.06 |
|
Up to 4 cans per week |
$13.44 |
|
Up to 5 cans per week |
$16.81 |
|
Up to 6 cans per week |
$20.18 |
For regular service involving more than six cans per week, the monthly charge shall be the “six cans per week” rate plus an additional $3.39 per month for each can in excess of six cans per week.
The customer shall place his or her garbage out for collection.
For occasional nonregular garbage service involving cans, containers or other items in excess of the customer’s regular service rate, an extra charge of $2.57 for each can, container or other item will be assessed. For service involving containers not in conformity with the container requirements, there shall be a penalty charge of $2.57 for each additional can, container or item added to the customer’s regular monthly garbage collection rate. There shall also be an additional monthly charge of $5.77 per can for walk-in service services for nonhandicapped persons.
It shall be the customer’s responsibility to apply for or request the appropriate level of garbage service. Otherwise, cans in excess of the amount provided for in the customer’s most recent regular service level shall be billed at the “occasional, nonregular” rate.
It shall be the responsibility of the City’s contract hauler to notify the City of any such additional charges. These charges would then be included in the City’s utility billing statements to the residential customer.
B. Additional Charge for In-Ground Receptacles. There shall be a charge added to the garbage collection bills for each in-ground receptacle as provided in SMC 8.04.065 of $1.61 per month per in-ground receptacle, which charge shall be added to and in addition to the applicable garbage collection charges set forth in subsection (A) of this section.
C. Commercial Rates. The monthly rates for commercial garbage collection shall be as follows:
1. For containers between the size of one and one-half cubic yards to six cubic yards, depending on the number of containers, the rate shall be as follows:
|
Container Size / Per Week |
Charge |
|
1-1/2 yard, once per week |
$48.40 |
|
1-1/2 yard, twice per week |
$82.76 |
|
1-1/2 yard, three times per week |
$117.20 |
|
3 yard, once per week |
$82.86 |
|
3 yard, twice per week |
$147.38 |
|
4 yard, once per week |
$109.31 |
|
4 yard, twice per week |
$196.73 |
|
6 yard, once per week |
$144.16 |
|
6 yard, twice per week |
$262.86 |
|
6 yard, three times per week |
$381.55 |
For each additional pickup per week in excess of the amounts described above, the charge shall be an additional 25 percent per container based on the charge for the last applicable rate for each category above.
D. Commercial Rates – General Provisions. The rates as set forth above shall be for containers filled to a level capacity so that the lids of the containers may be closed tightly. Any customer who, as determined by the contract hauler, fills his or her container(s) beyond level capacity or who places additional garbage such as boxes, plastic bags or sacks, or any other individual items outside the container(s) shall be assessed an additional service surcharge of $12.83 per container. It shall be the responsibility of the contract hauler to provide the City with the necessary information for this surcharge to be assessed. Furthermore, if the contract hauler determines that a customer is consistently exceeding the capacity of their container(s) and needs additional services, it shall notify the City and the City in turn shall notify the customer that they must make arrangements within five days of receipt of said notice for additional garbage collection service. If such customer fails to comply, the City shall, based upon the contract hauler’s information, set forth the level of service and determine the appropriate charge. Any change in service shall take effect immediately at the time of the change.
E. Bulk Containers. For bulk containers larger than one and one-half cubic yards and for compactor containers the charges shall be as per SMC 8.04.095. [Ord. 2206 § 1, 2008; Ord. 2182 § 1, 2007; Ord. 2053 § 1, 2003; Ord. 1908 § 1, 1995; Ord. 1872 § 1, 1994; Ord. 1840 § 1, 1993; Ord. 1806 § 1, 1993; Ord. 1749 § 2, 1991; Ord. 1742 § 1, 1991; Ord. 1739, 1991; Ord. 1732 § 4, 1991; Ord. 1657 § 2, 1989.]
8.04.095 Additional charges.
In addition to the garbage collection rates set forth in SMC 8.04.090, the City’s garbage collection service is authorized to charge and collect for garbage collection services as follows:
A. Temporary Containers. The charge for temporary containers shall be as follows:
|
Container |
Delivery |
Pickup |
Rental |
|
1-1/4 yard |
$21.30 |
$11.50 |
$0.41 daily |
|
1-1/2 yard dump |
$21.30 |
$10.87 |
$0.41 daily |
|
1-1/2 yard extra pickup |
|
$11.50 |
|
|
3 yard |
$26.26 |
$18.46 |
$0.62 daily |
|
3 yard extra pickup |
|
$18.46 |
|
|
4 yard |
$26.26 |
$22.16 |
$0.69 daily |
|
4 yard extra pickup |
|
$22.16 |
|
|
6 yard |
$30.52 |
$30.78 |
$1.03 daily |
|
6 yard extra pickup |
|
$29.91 |
|
|
|
|
|
|
|
20 yard Drop Box |
$32.67 |
$71.03 plus tonnage |
$3.71 daily |
|
30 yard Drop Box |
$32.67 |
$90.75 plus tonnage |
$4.24 daily |
|
40 yard Drop Box |
$32.67 |
$108.90 plus tonnage |
$4.79 daily |
In addition to the charges set forth above for temporary containers, there shall be a deposit paid in advance, at the time arrangements for temporary containers are made, which deposit is calculated as an amount equivalent to the delivery charge plus the base pickup charge plus five days rental charge per container. At the time the temporary container is no longer needed, the deposit shall be applied as a credit toward accrued charges therefor, with any portion of the deposit which is in excess of the charge refunded to the customer.
For the purposes of this section, “temporary container” shall be defined as containers that are requested on a temporary basis and are utilized for a period of three months or less. If such container is utilized for a period in excess of three months, it shall be charged at the rate set forth in SMC 8.04.090.
B. Nonconforming Residential Refuse. Nonconforming residential refuse will be assessed a charge equal to the rates established from time to time by the Board of Commissioners of Yakima County applicable to disposal of specific nonconforming residential refuse, plus applicable mileage charges established for the City’s contract refuse hauler. Disposal charges for specific nonconforming residential refuse shall be as follows:
|
Description of Service |
Charge |
|
Tires |
$121.00 per ton |
C. Commercial Containers.
1. The charges for bulk containers (drop boxes) 10 cubic yards or larger shall be as follows:
|
Container |
Rental |
Charge per Pickup |
|
20 cubic yard container |
$32.67 per month |
$71.03 plus tonnage |
|
30 cubic yard container |
$38.12 per month |
$90.75 plus tonnage |
|
40 cubic yard container |
$43.56 per month |
$108.90 plus tonnage |
2. The charges for compacted materials shall be as follows:
|
Compactor Container per Month |
Charge per Pickup |
|
10 cubic yard container |
$102.85 plus tonnage |
|
15 – 18 cubic yard container |
$102.85 plus tonnage |
|
20 cubic yard container |
$113.40 plus tonnage |
|
25 cubic yard container |
$141.75 plus tonnage |
|
40 cubic yard container |
$170.09 plus tonnage |
D. Tonnage Charges. The tonnage charge shall be a pass-through cost to the customer and shall be based on landfill costs charged per ton to the City’s contract refuse hauler. Tonnage charges shall be based on the weight of each customer’s bulk container or compacted container as determined by Yakima County or such other operator of the landfill to which refuse is hauled where five successive weight measurements are averaged on a one-time basis. It is provided, however, that the customer may, at the customer’s option and expense, have the container(s) weighed and/or averaged on a regular or recurring basis, with tonnage being charged based on the new average or individual weight(s). Expenses involved in subsequent weighings, for which the customer shall be responsible, shall include actual costs incurred by the refuse hauler and/or Yakima County or other landfill operator, including but not limited to vehicle transportation costs, manpower costs, machinery costs and any other costs traceable to the weighing process.
E. Mileage Charges. Commencing March 1, 2003, there shall be an additional mileage charge assessed on temporary bulk containers larger than one and one-half cubic yards, commercial containers described in this chapter, and compactor containers described in this chapter, at the rate of $2.72 per mile for each mile in excess of 10 miles from the City of Sunnyside. Such additional mileage charge shall be assessed on each such account and shall be billed and collected by the City’s contract sanitary refuse hauler in accordance with the provisions of this chapter. [Ord. 2206 § 1, 2008; Ord. 2053 § 2, 2003; Ord. 1908 § 2, 1995; Ord. 1872 § 2, 1984; Ord. 1827 § 1, 1993; Ord. 1742 § 1, 1991; Ord. 1739, 1991; Ord. 1732 § 4, 1991; Ord. 1657 § 2, 1989.]
8.04.100 Maintenance of containers.
A. Customers shall keep their refuse containers clean, to prevent an odor nuisance, and in good repair. Containers cracked or rusted and therefore not water tight, without two handles, or without a tight-fitting lid, are not acceptable.
B. A contractor shall keep all refuse containers owned by him clean inside and out to prevent an odor nuisance. A contractor shall also place a violation tag, identifying the violation, on refuse containers owned by customers found to be in violation of this section. Containers so tagged by the contractor shall not be emptied until the violation is corrected by the customer.
C. Customers with containers not kept in good repair and so identified by tagging with the contractor shall correct the violation within five days of the tagging. Failure to comply with the tagged notice to repair or replace an unacceptable refuse container shall be unlawful. [Ord. 1739, 1991; Ord. 1187 § 11, 1978.]
8.04.110 Dead animals.
No occupant or owner of the premises for which service is rendered shall allow the dead carcass of any animal or fowl owned by him to remain within the City limits for a period of more than 24 hours after the death of same and shall, upon the death of such animal, cause the same to be removed from the limits of the City within 24 hours after the discovery of the death thereof. [Ord. 1739, 1991; Ord. 1187 § 12, 1978.]
8.04.120 Authority to contract for service.
A. For the purpose of carrying out the collection of refuse, the Council may enter into a contract with any suitable person, firm, partnership, association, corporation or other entity to collect and remove refuse within the City.
B. Notwithstanding the provisions of any contract executed by the City following bid procedures, additional contracts with subsequent licensees for refuse collection service may be executed by the City upon a proper showing of the inability or refusal of the first contractor to provide an adequate level of refuse collection service. Should any such additional and subsequent contract be executed by the City, the rates for such refuse collection service shall be identical to those currently in effect as established by the bid procedures.
C. No person, firm, partnership, association, corporation or other entity shall provide refuse collection service within the City without an executed contract with the City.
D. Anyone entering into such a contract with the City shall be considered to be a licensed contractor. Nothing in this section shall preclude a private citizen from disposing of his own refuse, subject to the provisions of SMC 8.04.130. [Ord. 1739, 1991; Ord. 1187 § 13, 1978.]
8.04.130 Billings – Delinquencies.
A. Except as otherwise provided in this chapter, charges for refuse collection and disposal shall be billed in conjunction and simultaneously with the statements issued by the City for water and sewer service. Charges on accounts shall be paid at the Treasurer’s office by the owner or tenant, on or before the tenth day of each month following date of billing, and if not paid, shall become delinquent after the twentieth day of that month.
B. Service may be suspended for nonpayment of garbage collection accounts and billings; however, such suspension shall not relieve the person owing such account of the duty of complying with the provisions of this chapter.
C. In addition to the other remedies available to the City for collection of its charges and enforcement of its lien for water, sewer and garbage services, the City shall charge a penalty on the unpaid balance of delinquent water, sewer and garbage accounts at the rate of one and one-half percent per month, or $1.50, whichever is greater, which penalty shall accrue from a date 10 days after the due date of such account, until the total of said charges and penalty have been paid in full. In the event of suit by the City to collect said charges and penalty, the court shall award the City its reasonable attorneys’ fees and costs incurred thereby. [Ord. 1739, 1991; Ord. 1732 § 5, 1991; Ord. 1509 § 5, 1985; Ord. 1484 § 1, 1984; Ord. 1190 §§ 2, 3, 1978; Ord. 1187 § 14, 1978.]
8.04.140 Violations – Penalties.
It shall be a misdemeanor for any person to violate or fail to comply with the requirements of this chapter. It shall also be a misdemeanor for any person to dump or deposit garbage or garbage containers on the property of another where the result would be to increase or add to the collection services received by the property of another so as to bring that level of service out of conformity with the level of service provided to the property or make the property of another in violation of the City code. [Ord. 1739, 1991.]