Chapter 8.04


8.04.010    Intent of chapter – Definitions.

8.04.020    Duty of compliance.

8.04.030    Container requirements.

8.04.040    Repealed.

8.04.050    Exceptions.

8.04.060    Repealed.

8.04.070    Repealed.

8.04.080    Time of collection.

8.04.090    Repealed.

8.04.100    Repealed.

8.04.110    Repealed.

8.04.120    Additional charges.

8.04.130    Accounts – When due.

8.04.140    Accounts – Charges constitute lien when.

8.04.150    Accounts – Notice of lien – Foreclosure.

8.04.160    Collection of garbage.

8.04.170    Nauseous substance deposit – Permit required.

8.04.180    Garbage and solid waste bills – Payment and collection.

8.04.190    Violation – Penalties – Enforcement.

8.04.010 Intent of chapter – Definitions.

A. The maintenance of health and sanitation requires, and it is the intention of this chapter, to make the collection, removal and disposal of garbage and refuse within the city compulsory and universal. The city council finds that universal service: (1) helps pay the public share of refuse collection from public parks, facilities, streets, and other public places; (2) promotes health and safety by helping assure that refuse is disposed of properly and not left to pile up and become a public nuisance and health hazard; and (3) assures residents get lower rates from the solid waste collector because everyone is participating. There is an economy of scale from having mandatory service, which benefits everyone.

B. Words used in this chapter in the present tense shall include the future tense, and in the singular shall include the plural, and in the plural shall include the singular, and in the masculine shall include the feminine gender.

C. The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:

1. “City” means the city of Bonney Lake, Washington, or as indicated by the context, may mean any town official or agent representing the city in the discharge of his duties.

2. “City treasurer” means the treasurer of the city of Bonney Lake.

3. “Garbage and refuse” means all waste and discarded materials from dwellings, flats, rooming houses, apartment houses, clubs, restaurants, boardinghouses, eating places, shops and places of business, including rubbish and debris, waste and discarded food, animal and vegetable matter, brush, grass, weeds, wastepaper, cans, glass, ashes, night soil, offal, boxes, and cuttings from trees, lawns and gardens. “Waste” shall not include materials subject to manufacture into by-products.

4. “Person” means every natural person, firm, copartnership, association or corporation. (Ord. 1461 § 1, 2013; Ord. 389 § 3, 1973).

8.04.020 Duty of compliance.

It shall be the duty of every person in possession, charge or control of any dwelling, flat, rooming house, apartment house, school, club, restaurant, boardinghouse or eating place, or in possession, charge or control of any shop, place of business or manufacturing establishment where garbage or refuse is created or accumulates, at all times to keep or cause to be kept portable metal cans or such other containers as the city shall, from time to time, designate, for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein.

It shall be the duty of every such person to cause such garbage and refuse to be removed and disposed of by the garbage collection company duly authorized by the city. Compliance with this chapter shall require every person, unless exempt per BLMC 8.04.050, to subscribe to and keep current an account for at least the minimum service.

It shall be the duty of the owner of any dwelling, flat or apartment house to furnish to or see that his or her tenants are supplied with such containers, or in the case of apartment houses, with adequate means of disposing of garbage and refuse. (Ord. 1461 § 1, 2013; Ord. 389 § 4, 1973).

8.04.030 Container requirements.

Garbage containers shall be watertight and fly-tight, and shall be sized according to the requirements of the city or its duly authorized collection contractor. The minimum level of service shall be at least a micro-can (10 gallons). Such containers shall not be opened except when necessary to place garbage and refuse in such containers or to take same therefrom. When garbage and refuse are placed therein or taken therefrom, such containers shall be closed by the person placing the same therein or taking the same therefrom. Such containers shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing material. Each such container shall be kept in a place accessible to the collection of garbage and refuse.

Large suitable containers for bulk collection of garbage and refuse may, with the approval of the public works director or the city’s duly authorized collection contractor, be used by restaurants, boardinghouses, eating places, apartment houses, schools, parks and in the business districts. (Ord. 1461 § 1, 2013; Ord. 389A § 1, 1974; Ord. 389 § 5, 1973).

8.04.040 Disposal of garbage required.

Repealed by Ord. 1461. (Ord. 389 § 6, 1973).

8.04.050 Exceptions.

Exceptions to the compulsory service requirement may be granted:

A. Where the city’s duly authorized collection company cannot access a property due to topography or other physical constraints;

B. Where a resident has a disability that prevents him or her from taking garbage to the curb for pickup; or

C. Where a resident resides in the city less than 12 months out of the year. In such cases, the resident must arrange for garbage pickup by the city’s duly authorized collection contractor for such periods of time when the resident is residing in the city. (Ord. 1461 § 1, 2013; Ord. 389 § 7, 1973).

8.04.060 Incineration of garbage.

Repealed by Ord. 1461. (Ord. 389 § 8, 1973).

8.04.070 Compliance required.

Repealed by Ord. 1461. (Ord. 389 § 9, 1973).

8.04.080 Time of collection.

The garbage collection contractor duly authorized by the city shall collect, remove and dispose of all garbage and refuse at least once each week or as designated and as often as required by the city. Should more or less frequent service be directed by the city or agreed upon between the authorized collection contractor and a customer, an increase or decrease in rates proportionate to the added or reduced cost of service shall be made. In no case shall regular solid waste collection be performed any less frequently than once every other week. (Ord. 1461 § 1, 2013; Ord. 389 § 10, 1973).

8.04.090 Commercial and homeowner rates.

Repealed by Ord. 1054. (Ord. 925 § 1, 2002; Ord. 828 § 1, 1999; Ord. 803 § 1, 1999; Ord. 622C § 1, 1995; Ord. 622B § 1, 1994; Ord. 622B § 1, 1992; Ord. 622A § 1, 1992; Ord. 622 § 1, 1990; Ord. 389D § 1, 1985; Ord. 389B § 1, 1977; Ord. 389A § 2, 1974; Ord. 389 § 11, 1973).

8.04.100 Rates for removing dead animals.

Repealed by Ord. 939. (Ord. 389 § 12, 1973).

8.04.110 Rates for removing brush and rubbish.

Repealed by Ord. 939. (Ord. 389 § 13, 1973).

8.04.120 Additional charges.

The city’s solid waste disposal contractor shall have authority to impose such charges as are approved by the city, including charges for minimum service on all persons and charges for disposal of overweight or additional containers. (Ord. 1461 § 1, 2013; Ord. 389 § 14, 1973).

8.04.130 Accounts – When due.

Charges for refuse services, whether provided by the city or an independent contractor under an agreement with the city, shall be due and payable on or before the forty-fifth day following the date of billing. Amounts unpaid shall become delinquent 45 days after the billing date. A monthly penalty of one and one-half percent or $1.00, whichever is greater, of the outstanding balance shall be charged to all accounts which have been delinquent for 45 days or more.

If an account is delinquent for more than 90 days, service shall be suspended after 10 days’ written notice to the customer. Any suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter. The customer shall contact the refuse contractor to re-establish service within 30 days of the service being disconnected, and shall pay any fees for re-establishing service. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons. (Ord. 1461 § 1, 2013; Ord. 1321 § 1, 2009; Ord. 768 § 2, 1998; Ord. 389 § 15, 1973).

8.04.140 Accounts – Charges constitute lien when.

Upon the failure of any person to pay the charges prescribed in this chapter, the amount thereof shall become a lien against the property for which the garbage collection service is rendered. (Ord. 1461 § 1, 2013; Ord. 389 § 16, 1973).

8.04.150 Accounts – Notice of lien – Foreclosure.

A notice of the city’s lien for garbage collection and disposal service, specifying the charges, the period covered by the charges, and giving the legal description of the premises sought to be charged, may be filed with the county auditor and foreclosed in the manner provided by law. (Ord. 1461 § 1, 2013; Ord. 389 § 17, 1973).

8.04.160 Collection of garbage.

It is unlawful for any person other than a duly authorized employee of the city or garbage collection company duly authorized by the city to engage in the business of collecting, removing and disposing of garbage and refuse and dead animals in the city, or for any person other than the city, its agents or employees, or duly authorized garbage collection company, to do or perform any of the things required to be done in this chapter or performed by the city or duly authorized garbage collection company. (Ord. 1461 § 1, 2013; Ord. 389 § 18, 1973).

8.04.170 Nauseous substance deposit – Permit required.

No manure, garbage, offal or any vegetable or animal matter or nauseous substances detrimental to health shall be dumped or deposited in any place other than a designated city dump within the limits of the city, except by special permit from the public works director. (Ord. 1461 § 1, 2013; Ord. 389 § 19, 1973).

8.04.180 Garbage and solid waste bills – Payment and collection.

The city’s solid waste contractor is authorized to establish payment plans for delinquent solid waste customers. (Ord. 1461 § 1, 2013; Ord. 768 § 5, 1998).

8.04.190 Violation – Penalties – Enforcement.

Any violation of this chapter, including but not limited to a failure to comply with the compulsory service requirement, shall be a Class 1 civil infraction under Chapter 7.80 RCW. The city code enforcement officer shall have the authority to issue civil infraction notices. (Ord. 1461 § 1, 2013; Ord. 1321 § 2, 2009).