Chapter 8.04


8.04.010    Mandatory Collection - Rationale - Exceptions

8.04.020    Definitions

8.04.030    Collection Fees - Determination

8.04.040    Special Rates and Special Services

8.04.050    Enforcement of Payment

8.04.060    Vacancy Credits - Residential

8.04.070    Administration

8.04.080    Container Requirements

8.04.090    Garbage - Draining, Wrapping and Sanitary Conditions Required

8.04.100    Unacceptable Solid Waste

8.04.110    Solid Waste - Restrictions on Burying

8.04.120    Inspection Authorized - Abatement of Nuisance

8.04.130    Recycling Services

8.04.140    Compulsory Yard Waste Collection Service

8.04.150    Violations - Notice

8.04.160    Repealed

8.04.010 Mandatory Collection - Rationale - Exceptions.

(a)    No place of human habitation within the City shall be permitted to refuse to subscribe to and pay for the solid waste disposal and recycling service provided by this chapter. The City Council finds that mandatory disposal of solid waste through a City-organized solid waste disposal utility is important to the health and welfare of the citizens of the City. The City Council finds that all citizens benefit from the orderly and sanitary disposal of solid waste even though some residences and businesses generate little or no solid waste subject to disposal by the solid waste utility. Therefore, the fact that a dwelling or business generates no solid waste shall not exempt the property owner or tenant from the payment of the regular charges established for the solid waste disposal service.

(b)    The City Council further finds that because the City is providing for the health and welfare of its citizens by providing solid waste utility and recycling services to its citizens, the citizens should be required to compensate the City or its contractor for said services in order to receive said services. Therefore, the failure to pay for said services shall authorize the City to file a lien against the property affected and the City may foreclose said lien according to law.

(c)    It is unlawful for anyone other than the City solid waste collection and disposal utility or the City’s contractor to collect solid waste from waste receptacle containers in the City for compensation. This prohibition shall not prevent a resident from removing waste or building debris from their property, nor shall it prevent the removal of other debris related to any home or yard improvement project by the resident or their representative.

8.04.020 Definitions.

(a)    “Code Enforcement Officer” means the Planning and Community Development Director or designee.

(b)    “Contractor” means any authorized person or entity contracting with the City to dispose of solid waste from within the City. It also means any commercial refuse collector authorized to continue collection of solid waste in newly annexed areas of the City pursuant to RCW 35.13.280.

(c)    “Garbage” means all rotting solid and semi-solid waste, including but not limited to animal and vegetable waste. Garbage does not include the following:

(1)    Recyclable refuse and yard waste as defined below;

(2)    Primary products of public, private, industrial, commercial, mining and agricultural operations;

(3)    Sludge and septage;

(4)    Wood waste as defined in WAC 173-304-100(91);

(5)    Dangerous or hazardous waste as defined in RCW 70.105.010 and/or Chapter 173-303 WAC;

(6)    Abandoned vehicles or parts thereof;

(7)    Demolition waste as defined by WAC 173-304-100(19);

(8)    Problem waste as defined by WAC 173-304-100(61);

(9)    Medical waste as defined by WAC 173-304-100(47);

(10)    Agricultural waste as defined by WAC 173-304-100(2);

(11)    Industrial solid waste as defined by WAC 173-304-100(39);

(12)    White goods, meaning any large household appliance, including refrigerators, stoves, water heaters, etc.;

(13)    Radioactive waste as defined by Chapters 402-12 and 402-19 WAC;

(14)    Rubber tires; or

(15)    Oil.

(d)    “Rubbish” is defined as follows:

(1)    “Bulk rubbish” means discarded household furniture, appliances, bedding, and mattresses and similar large items.

(2)    “Commercial rubbish” means garbage and other solid waste originating in and around business and publicly owned facilities.

(3)    “Yard rubbish” or “yard waste” means material including but not limited to grass clippings, leaves, branches, brush, flowers, roots, and weeds commonly created in the course of maintaining yards or gardens, gardening or landscaping activity, or other similar activities, as well as other biodegradable waste approved for yard waste pickup by the City. It excludes rocks, food waste, plastics, and synthetic fibers, dimensional lumber, any woody materials over four inches in diameter or three feet in length, Christmas trees which have not been cut and bundled to a maximum length of three feet, as well as other materials prohibited by the City pursuant to ordinance, resolution, or policy.

(e)    “Solid waste” means both garbage and rubbish.

(f)    “Recyclable refuse” means:

(1)    Newspapers;

(2)    Uncoated mixed paper, including magazines, junk mail, phone books, bond or ledger grade, cardboard, and paperboard packaging. This does not include tissue paper, paper towels, frozen food containers, milk cartons or paper packaging combined with plastic, wax or foil;

(3)    P.E.T. “Recyclable plastic,” glass, aluminum and other metal food and beverage containers. (Ord. 1122, Sec. 2 (Exh. B, Sec. 1), 2021)

8.04.030 Collection Fees - Determination.

The City Council shall, from time to time, by resolution, determine the collection fees and container use fees to be charged by the City if the City operates the utility or by the contractor if the City contracts for the solid waste utility service.

8.04.040 Special Rates and Special Services.

(a)    Residences and businesses desiring pickup of bulk rubbish or yard rubbish or solid waste in excess of the amounts allowed by regular collection, or in excess of the frequency of regular collection, shall use the City or contractor solid waste disposal service, and shall be required to pay for the additional services at rates specified by the City Council if the City operates the utility or by the contractor if the utility is operated by contract; provided, however, that if the utility is provided by contract, the contractor together with the City Council or committee of the Council may review and adjust charges made for special services upon receipt of an application for review of charges from the customer.

(b)    The City or the contractor may provide special services and/or special rates for low-income senior citizens or low-income disabled persons. Applications for special services or special rates shall be approved only if the applicant meets the criteria established by the City Council. Applications for special rates or special services shall be made to the Mayor or his/her designee, and appeals from the decision of the Mayor or his/her designee shall be made to the City Council.

8.04.050 Enforcement of Payment.

(a)    Whether the solid waste utility is operated by the City or by a contractor, all dwellings, businesses and public agencies within the City shall be required to subscribe to the solid waste disposal and recycling service.

(b)    The solid waste disposal and recycling service shall not be terminated by reason of nonpayment, but rather the City shall have an ongoing right to pursue such civil remedies provided by law in addition to any remedies as set forth in this chapter.

8.04.060 Vacancy Credits - Residential.

Single-family residence, multiple dwelling units, and commercial accounts shall be eligible for vacancy credits for any vacancy of 30 consecutive days or longer. Credit shall not be computed for a fraction of a month, but will be rounded off to the nearest multiple of 30. The City and/or its contractor will provide a vacancy credit application to those owners or residents requesting the same. No credit of less than $2.00 will be given for any one billing period. Persons filing vacancy credit applications found to be false shall, in addition to any other penalties, be ineligible to receive future vacancy credits.

8.04.070 Administration.

The administration of the disposal and hauling of solid waste in the City shall be under the supervision of the Mayor or his/her designee.

8.04.080 Container Requirements.

(a)    Required. It shall be the duty of every person in possession, charge or control of any single-family dwelling, multiple dwelling, commercial establishment of public agency where solid waste is created or accumulated, at all times to keep or cause to be kept portable container as described herein, and to deposit or cause to be deposited said solid waste therein.

(b)    Waste containers shall be provided as follows:

(1)    Single-Family. For single-family buildings and duplex residential buildings, household refuse containers shall be provided by the owner or occupant and shall not be more than 32 gallons, fitted with two handles and a tight cover with a handle.

(2)    Multifamily. Multifamily dwelling units shall be furnished with and charged for at least one 30-gallon container per unit. Such container is to be furnished by the owner and/or occupants; provided, that bulk containers may be used at the request of the owner.

(3)    Commercial. Commercial users generating solid waste may be required to use bulk refuse containers. If the City operates the utility, the type of container used for commercial accounts shall be determined by the City Administrator or his designee, with appeal from the decision being to the City Council. If the utility is operated by the City by contract, the type of container used for commercial accounts shall be determined by the contractor, with appeal from the decision being to the City Council.

(c)    Maximum Weight. Solid waste containers not designated for lifting by mechanical means shall have a maximum gross weight of 65 pounds.

(d)    Location. No container shall be kept or stored within the confines of any street or public alley in a residential area. In blocks in which there are alleys, such containers shall be kept on private property in a convenient and accessible location adjacent to such alley. In blocks in which there are no alleys, such containers shall be kept on private property without interfering with the reasonable enjoyment of such private property or adjoining property. On the day that solid waste is normally collected, containers shall be placed in a readily accessible location not farther than 10 feet from the traveled roadway.

(e)    Mobile Home Parks. Mobile home parks shall be required to provide central storage areas throughout the mobile home park for the location of solid waste containers. Containers shall be located so that no mobile home is more than 150 feet from the closest container.

(f)    Special Containers. All solid waste containers, other than those can-type containers used principally for residential purposes, will be provided and maintained by the City if the City provides the solid waste disposal service or by the contractor if the contractor provides the solid waste disposal service. The rates schedule established by resolution by the City Council shall include the charge for use of such containers.

(g)    Deteriorated Containers. Containers that have deteriorated to the extent of being hazardous to the collectors in handling such containers, or to the extent that lids will not fit tightly or securely, or are so badly damaged and bent that they will not allow free discharge of the solid waste or do not meet the general specifications of this chapter will be replaced by the owner of the container.

(h)    Frequency of Collection. Residential solid waste collection service shall be provided on a weekly basis. The customer and the City Administrator if the City provides the service, or the contractor if the contractor provides the service, shall determine the frequency of collection required for accounts other than residential accounts; provided, that disputes regarding the frequency of service required shall be resolved by the City Council.

8.04.090 Garbage - Draining, Wrapping and Sanitary Conditions Required.

All garbage shall be drained of liquids and wrapped in paper or other material before being deposited in the solid waste disposal container. The solid waste utility may refuse to collect undrained garbage of a liquid or semi-liquid state, unwrapped and improperly placed. The owner and tenant shall maintain garbage containers in a clean and sanitary condition.

8.04.100 Unacceptable Solid Waste.

The following solid wastes shall be considered unacceptable for collection without the special permission of the City Administrator if the City operates the solid waste utility or the contractor if the utility is operated by contract:

(a)    Hazardous waste, dangerous materials or substances such as poisons, acids, caustics, infected materials and explosives;

(b)    Unusual quantities of materials resulting from the repair, excavation, construction of buildings;

(c)    Materials which have not been prepared for collection according with these regulations;

(d)    Solid waste resulting from industrial processes; and

(e)    Manure or animal droppings.

8.04.110 Solid Waste - Restrictions on Burying.

It is unlawful to bury solid waste in any place in the City if found to be hazardous by the City.

8.04.120 Inspection Authorized - Abatement of Nuisance.

The Code Enforcement Officer shall have the power to enter upon private property at reasonable times for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter. Should the Code Enforcement Officer determine that there exists accumulations of solid waste detrimental to the public health, and in violation of the requirements of this chapter, the Code Enforcement Officer may abate the violation in accordance with the procedures in Chapter 17.80. (Ord. 1122, Sec. 2 (Exh. B, Sec. 2), 2021)

8.04.130 Recycling Services.

In addition to waste disposal services, the City shall provide for the collection of the following materials from a single-family detached and multifamily (two to four dwelling units), and those apartment (five or more units) residences which have met criteria set forth by the City, and when properly set out as specified by the City:

(a)    Old newspapers;

(b)    Mixed waste paper;

(c)    Aluminum food and beverage cans;

(d)    Tin plated steel food and beverage cans;

(e)    Glass food and beverage containers.

Other recyclable materials, such as plastics, may be collected at the option of a waste collection company. Charges for said services shall be determined by the City through resolution, which may be changed from time to time.

A recycling container(s) to hold the materials designated for collection shall be provided to each residential dwelling.

Yard waste containers shall be provided for yard waste collection for each single-family detached and multifamily (two to four dwelling units).

8.04.140 Compulsory Yard Waste Collection Service.

The owner and occupant of any single-family detached and multifamily (two to four dwelling units) premises within the City shall be required to pay for curbside collection service for yard waste provided by the City’s contractor. Such customers shall be required to comply with all regulations and rate schedules relating to the same as specified in this chapter or other resolution of the City; provided, that this section shall not apply to properties which are located in a newly annexed area of the City temporarily covered by a franchise granted by the City to a private disposal company.

8.04.150 Violations - Notice.

Any person who violates or fails to comply with the requirements of this chapter shall be subject to the provisions and penalties set forth in Title 17. Each day of continued violation shall constitute a separate violation for purposes of this penalty. (Ord. 1122, Sec. 2 (Exh. B, Sec. 3), 2021)

8.04.160 Violations - Penalty.

(Repealed by Ord. 604, Sec. 5, 1999)