Chapter 8.12
GARBAGE1
Sections:
8.12.005 Mandatory garbage service.
8.12.007 Garbage accumulation.
8.12.010 Garbage collection and curbside recycling rates.
8.12.013 Location of containers – Inspections.
8.12.030 Discontinuation of service.
8.12.002 Definitions.
“Contract” means the agreement which is in effect at the time between the city of North Bend (city) and a private contractor (contractor) for the collection and disposal of garbage. The definitions utilized in the contract for garbage collection shall apply to this chapter. (Ord. 1459 § 1 (part), 2012: Ord. 840 § 2, 1990; Ord. 714 § 2, 1986).
8.12.005 Mandatory garbage service.
A. All property owners and occupants of premises within the city, including all residences and businesses, are required to use the garbage collection and disposal system authorized by the city and to pay the appropriate charges therefor. Notwithstanding the foregoing, no property owner or occupant of premises within the city is required to participate in the recycling and compostables collection services that are part of such system; provided, however, that such property owner or occupant is nonetheless required to pay the full applicable garbage rate. Garbage collection, including recycling pickups, shall be made by a contractor, pursuant to the awarding of a contract by the city council.
B. It is unlawful for any person to haul or dispose of garbage except as authorized in this chapter. This section shall not apply to the occasional hauling by residential customers of garbage to an approved solid waste disposal site or to the hauling by residential or commercial customers of recyclable waste to an approved recycling site. Such customers shall still be required to pay the applicable charge for collection services, however.
C. All owners and residents may be required by the city to use garbage disposal and recycling containers owned by the city or its contractor. No privately owned containers shall be utilized except as may be provided in the contract. (Ord. 1459 § 1 (part), 2012: Ord. 840 § 3, 1990: Ord. 714 § 3, 1986).
8.12.007 Garbage accumulation.
A. It is unlawful to deposit, throw or place any garbage in or upon any land, alley, street or other public place, or to deposit, throw or place any garbage in or upon any private property regardless of ownership, unless the garbage is placed in garbage cans, containers or carts, the covers for which shall not be removed except when necessary for the depositing or removing of garbage; provided, this shall not apply to properly stored garbage units, as defined in this chapter.
B. Any garbage cart or can when filled shall not weigh more than two pounds per gallon of capacity and shall be so packed that the contents thereof will dump out readily when the can is inverted. Extra weight charges shall apply to garbage carts or cans filled over capacity. All garbage carts and cans shall be placed for collection before 7:00 a.m. and removed from curb or pickup locations as soon as possible after collection, but no later than 7:00 p.m.
C. No hot ashes or other hot material, dirt, sand, rocks, gasoline, solvents, oil, paint or other dangerous materials, kitchen, table and cooking wastes, or other special items shall be collected except as outlined in the contract.
D. Residential units shall use garbage carts unless otherwise agreed upon by the city and the contractor. Garbage carts shall remain the property of the contractor or city and are provided and assigned to residences for the health, safety, convenience and general welfare of the occupants. Containers which are damaged, destroyed or stolen shall be repaired or replaced as provided in the contract. The container shall not be damaged, destroyed or removed from the premises by any person. Markings and identification devices on the containers, except as placed or specifically permitted by the contractor and the city, are prohibited and shall be regarded as damage to the containers.
E. It is unlawful, except as authorized by the owner or the city, to deposit any garbage or other material in any garbage can, garbage unit, detachable container, or garbage cart, or to remove the covers therefrom. The covers shall be securely placed on each can, unit, cart or container at all times, except when it is necessary to remove same for deposit or at times of collection. (Ord. 1459 § 1 (part), 2012: Ord. 714 § 4, 1986).
8.12.010 Garbage collection and curbside recycling rates.
A. The monthly charge for single-family residential shall be as established by the taxes, rates and fees schedule adopted by ordinance.
Single-family residential service includes one weekly garbage pickup, one weekly curbside recycling pickup and curbside compostables collection every other week, all utilizing containers provided by the contractor. All residential rates include a monthly hazardous waste fee computed by the King County health department.
B. The monthly charge for multiple-family and commercial service shall be as established by the taxes, rates and fees schedule adopted by ordinance.
Commercial service includes, in addition to the garbage service chosen, one weekly recycling pickup, both utilizing containers provided by the contractor. Multiple-family service includes recycling pickup weekly or more frequently as needed using containers provided by the contractor. Cart-based compostables collection may be provided with multiple-family and commercial service on a subscription fee basis if requested. All commercial rates include a monthly hazardous waste fee computed by the King County health department.
C. Prices set forth in the taxes, rates and fees schedule adopted by ordinance are for containers placed curbside or within an approved location, except for those eligible or subscribing to carry-out service. Those containers that are placed a greater distance, or not within an approved dumpster location, shall not be picked up unless prior approval has been given by the city.
D. Charges for collection of items placed outside a container or placed under circumstances not contemplated herein shall be based on the terms of the contract.
E. The charge for single-family residential service for all residences in which the person responsible for payment of the charge is 65 years of age or older, and/or is determined to be disabled by the Social Security Administration or comparable agency and has an annual gross income determined to be “low income,” may be reduced by 25 percent upon application and approval by the city of North Bend. For purposes of this chapter, “low income” means that the person has a combined disposable income in an amount that would qualify the person for property tax exemption under RCW 84.36.381(5)(b). “Combined disposable income” shall be defined as stated in RCW 84.36.383. Proof of age and income must be provided to the city on a form prepared by the city administrator, and the reduced charge shall take effect for garbage service provided the month following the month in which proof of age and income is received and approved. The city may require the application to be updated on an annual basis. (Ord. 1521 § 8, 2014; Ord. 1459 § 1 (part), 2012: Ord. 1237 § 6 (part), 2005: Ord. 1231 § 1, 2005; Ord. 1108 § 1, 2000; Ord. 1093 § 1, 1999; Ord. 1072 § 1, 1999; Ord. 1066 § 1, 1999; Ord. 1030 § 1, 1998: Ord. 1011 § 1, 1997: Ord. 960 § 1, 1995: Ord. 950 § 1, 1994: Ord. 883 § 1, 1992: Ord. 840 § 4, 1990; Ord. 837 § 1, 1990: Ord. 755 § 1, 1988: Ord. 714 § 5, 1986: Ord. 658 § 1, 1985: Ord. 610 § 3, 1984: Ord. 588 § 1, 1983: Ord. 534, 1981: Ord. 460 § 1, 1978: Ord. 429 § 1, 1976: Ord. 427 § 1, 1976: Ord. 383 § 2(a), 1974).
8.12.013 Location of containers – Inspections.
A. The location of detachable containers, recycling containers, garbage cans, units, or carts in conjunction with commercial, industrial or multiple-family dwellings shall be subject to inspection by the North Bend fire department and located in such areas as to reduce or remove any fire hazard. They shall also be inspected by the city’s garbage contractor and shall be so located as to assure that collection vehicles can safely and conveniently access the same.
B. The location of the garbage carts and recycling containers in conjunction with the residential pickups shall be at curbside or such other location as provided in the contract. Persons with physical constraints, unable to bring their garbage to the curbside for collection, may be granted an exemption as provided in the contract. (Ord. 1459 § 1 (part), 2012: Ord. 840 § 5, 1990: Ord. 714 § 6, 1986).
8.12.016 Due dates.
Garbage collection charges shall be due and payable as provided in the contract. The payment of the charges shall be the responsibility of the owner of the premises to which the service was provided. (Ord. 1459 § 1 (part), 2012: Ord. 755 § 1, 1988: Ord. 714 § 7, 1986).
8.12.019 Delinquent payments.
Garbage collection charges incurred pursuant to NBMC 8.12.016 shall be determined delinquent as provided in the contract. There shall be an additional charge as established by the taxes, rates and fees schedule adopted by ordinance for checks returned due to insufficient funds. Nonpaying customers shall continue to be billed for the minimum level of service for their customer type pursuant to the city’s mandatory collection requirements. Termination for nonpayment may include container removal. (Ord. 1459 § 1 (part), 2012: Ord. 1237 § 6 (part), 2005: Ord. 900 § 2, 1992: Ord. 755 § 3, 1988: Ord. 714 § 8, 1986).
8.12.025 Utility tax.
There is imposed a utility tax upon all garbage collection within the city in the amount of six percent of the gross amount charged for such collection. Such tax shall be clearly identified on statements submitted to the residential and commercial users. (Ord. 1459 § 1 (part), 2012: Ord. 714 § 10, 1986).
8.12.030 Discontinuation of service.
If a resident or owner requests the water to their residence be shut off for more than 30 days, then garbage service may be suspended for the term of such water shut-off with no charge to the owner/customer; provided, this provision shall only apply if the shut-off is timely requested and all moneys owing to the city for any and all utility services to the subject property are current. (Ord. 1459 § 1 (part), 2012: Ord. 714 § 11, 1986).
For statutory provisions authorizing cities and towns to collect and dispose of garbage and award contracts therefor, see RCW 35.21.120; for provisions enabling cities to require all inhabitants to use the city system, see RCW 35.21.130.