Chapter 8.20


8.20.010    Purpose and interpretation.

8.20.015    Contract to collect solid waste.

8.20.020    Intent.

8.20.030    Service compulsory – Compliance – Clean.

8.20.040    Definitions.

8.20.050    Carts – Required for deposit of garbage and refuse.

8.20.060    Carts and bins – Private contacting company to provide.

8.20.070    Carts and bins – Maintenance.

8.20.080    Repealed.

8.20.090    Collection service – Frequency.

8.20.100    Container requirements.

8.20.110    Service – Recordkeeping.

8.20.120    Charges.

8.20.130    Failure to pay.

8.20.140    Violation – Penalty.

8.20.150    Repealed.

8.20.160    Repealed.

8.20.170    Repealed.

8.20.180    Repealed.

8.20.190    Repealed.

8.20.010 Purpose and interpretation.

This chapter and the rules and regulations herein mentioned shall be deemed expedient to maintain the health and welfare of the city and its inhabitants and all of its provisions shall be liberally construed for the accomplishment of such purposes. (Ord. 1059 § 1, 1981).

8.20.015 Contract to collect solid waste.

The city may, at the discretion of the city council, contract every 10 years with a private contracting company for the collection, removal and disposal of all garbage, waste, refuse and other like substances within the city limits of South Bend.

The selection of a private contracting company may be accomplished through the solicitation of bids, proposals or such other means as the city council deems appropriate to secure a qualified private contracting company. (Ord. 1540, 2018).

8.20.020 Intent.

The maintenance of the community’s health and sanitation requires, and it is the intent of this chapter to make, collection, removal, and disposal of garbage, refuse and dead animals within the city of South Bend compulsory and universal. The regulation of the disposal and hauling of garbage and rubbish in the city shall be under the direction of the private contracting company, who shall prepare reasonable regulations concerning the days of collection of refuse, location of waste containers, and any other regulation pertaining to the collection and disposal of waste as they may deem advisable; and provided, that such regulations are not contrary to this chapter. (Ord. 1540, 2018; Ord. 1511, 2016; Ord. 1059 § 2, 1981).

8.20.030 Service compulsory – Compliance – Clean.

A. Compulsory. It is compulsory for every person in possession, charge or control of any structure within the city to take a collection service provided by the private contracting company for refuse. Failure to make use of such service shall not exempt any party from the payment of the regular charges established for that service.

B. Compliance. It is unlawful for any person to burn, dump, collect, remove or in any manner dispose of garbage, rubbish, trash, offal and any other waste upon or over any of the streets, alleys, public places or private property within the city except as may be directed by the city on special occasions and/or otherwise than as is provided for in this chapter.

C. Cleanup. It is unlawful for any person in possession, charge or control of any property from which refuse is collected by the private contracting company, who has knowledge that refuse from their property which has been deposited by the elements, animals or other causes upon public property or private property, to allow such refuse to remain for more than 24 hours. The health officer shall have the authority to enforce the provisions set forth in this chapter as they pertain to public health or sanitation in conjunction with any other city personnel. (Ord. 1540, 2018; Ord. 1511, 2016).

8.20.040 Definitions.

For the purposes of this chapter, the following definitions shall be and are hereby defined:

“City” means the city of South Bend.

“Commercial” or “commercial dwelling” means a building or group of buildings designed, intended for or used for any purpose other than single or multiple dwellings, and shall include office buildings. Any building or group of buildings where combined residence and business is practiced, where such business is advertised by a sign of any type on the premises and/or is listed in the telephone directory as a business except those businesses conducted in an approved home occupation or otherwise exempted by the city, shall be classified as a commercial dwelling.

“Dead animals” means all animals, large or small, which may die or be killed for other than food purposes.

“Garbage and refuse” as used in this chapter shall be taken to mean all waste and discarded material from dwellings, flats, rooming houses, hotels, clubs, restaurants, boardinghouses, eating establishments, shops and places of business, including rubbish and debris, waste and discarded food, animal and vegetable matter, ashes, and offal. “Waste” shall not include materials subject to manufacture into by-products. “Refuse” consists of garbage and rubbish and is the accumulation of waste matter which has been discarded as of no further value to the owner.

“Health officer” means the city or county health officer or other authorized representative as defined by state law.

“Person” means every natural person, joint venture, joint stock company, partnership, association, club, company, institution, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

“Residential” means a building or separate living unit designed and intended for occupancies as a dwelling and having its own housekeeping and kitchen facilities. Single-family residences, apartment units, duplexes, triplexes, fourplexes and condominium units shall be considered residential units. Hotel, motel and rooming and boarding units designed primarily for transient tenancy shall not be considered residential units, but shall be subject to commercial charges.

“Rubbish” means inorganic waste consisting of, but not limited to, ashes, bottles, jars, cans, small shrubs and twigs, rags and paper products.

“Supervisor” shall mean the city supervisor.

“Yard waste” as used in this chapter will refer to plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter. (Ord. 1527, 2017; Ord. 1511, 2016; Ord. 1059 § 3, 1981. Formerly 8.20.030).

8.20.050 Carts – Required for deposit of garbage and refuse.

It shall be the duty of every person in possession, charge or control of any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boardinghouse or eating place, or in possession, charge or control of any shop, place of business or manufacturing establishment where garbage and refuse is created or accumulates, at all times to keep or cause to be kept in private contracting company-issued plastic-wheeled carts or metal dumpsters for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein. (Ord. 1540, 2018; Ord. 1527, 2017).

8.20.060 Carts and bins – Private contacting company to provide.

The private contracting company shall provide either wheeled carts or large bins to all residential properties. The private contracting company shall determine, on an individual basis, whether wheeled carts or larger bins are appropriate for multifamily dwelling units or business/commercial customers. (Ord. 1540, 2018; Ord. 1527, 2017).

8.20.070 Carts and bins – Maintenance.

The carts and bins required to be kept and utilized pursuant to SBMC 8.20.050 shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing materials. Each such cart and bin shall be kept in a place accessible to the collector of garbage and refuse. (Ord. 1527, 2017).

8.20.080 Cart – Weight limitations.

Repealed by Ord. 1540. (Ord. 1527, 2017).

8.20.090 Collection service – Frequency.

A. It is unlawful for anyone except the private contracting company to collect solid waste within the city for compensation without the approval of the city. It is standard service for each residence to receive every week collection service to encourage recycling and alternatives to disposal of household waste.

B. Every person desiring to engage in the collection of solid waste for compensation within the city who is not acting as an agent for the city shall make written application to the city. The city shall prepare reasonable rules and regulations for the licensing, control and approval of any application, including fees to cover the cost of administrating, controlling and overseeing any collector. Approval shall not be granted in any case where such collection will adversely affect the city.

C. The collector of refuse shall collect, remove and dispose of all garbage and refuse in the residential section of the city at least once every week, and from hotels, restaurants, boardinghouses, eating places, apartment houses, schools, hospitals, and in the business sections of the city as shall be required to maintain a healthful and sanitary condition. (Ord. 1540, 2018; Ord. 1527, 2017; Ord. 1511, 2016. Formerly 8.20.050).

8.20.100 Container requirements.

Every person in possession, charge or in control of any single-family residence, multi-family complex or commercial premises where solid waste and/or recyclable materials are created or accumulated is to at all times keep or cause to be kept carts in which to deposit the solid waste and/or recyclable materials. The private contracting company shall provide each single-family premises and residents in appropriate multifamily premises the appropriate carts for garbage and recyclables (optional). (Ord. 1540, 2018; Ord. 1527, 2017; Ord. 1511, 2016; Ord. 1059 § 5, 1981. Formerly 8.20.060).

8.20.110 Service – Recordkeeping.

The private contracting company shall maintain accurate records of the types of services and solid waste charges for premises within the city. (Ord. 1540, 2018; Ord. 1527, 2017; Ord. 1511, 2016. Formerly 8.20.070).

8.20.120 Charges.

A. The private contracting company shall be responsible for billing and collection of all charges, fees and taxes for the collection of solid waste and recyclables. Billing cycles shall not exceed quarterly collection. The private contracting company shall notify all affected persons of the billing frequency.

B. The solid waste charges to be imposed for each type of service are set forth in Exhibit A, which is attached to the ordinance codified in this section and incorporated herein by this reference.

C. The private contracting company shall propose any changes to solid waste charges at least 45 days prior to the effective date of the change. (Ord. 1540, 2018; Ord. 1527, 2017).

8.20.130 Failure to pay.

Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property for which the solid waste collection service is rendered. Pursuant to RCW 35A.21.150, the city may exercise the powers relating to the imposition and foreclosure of liens in Chapter 35.67 RCW. (Ord. 1540, 2018; Ord. 1527, 2017).

8.20.140 Violation – Penalty.

Any person violating any of the provisions of this chapter commits a civil infraction. The procedures for issuance of a notice of infraction, hearings, assessment and payment of monetary penalties shall be in accordance with the provision of Chapter 7.80 RCW, adopted by reference, including any future amendments, additions thereto and repeals thereof and incorporated herein by this reference as if set forth in full. (Ord. 1540, 2018; Ord. 1527, 2017).

8.20.150 Garbage draining and wrapping.

Repealed by Ord. 1540. (Ord. 1527, 2017; Ord. 1511, 2016. Formerly 8.20.080).

8.20.160 Dead animals.

Repealed by Ord. 1540. (Ord. 1527, 2017; Ord. 1511, 2016. Formerly 8.20.090).

8.20.170 Fund created.

Repealed by Ord. 1540. (Ord. 1527, 2017; Ord. 1511, 2016; Ord. 1059 § 6, 1981. Formerly 8.20.100).

8.20.180 Charges for collection.

Repealed by Ord. 1540. (Ord. 1527, 2017; Ord. 1511, 2016; Ord. 1059 § 7, 1981. Formerly 8.20.110).

8.20.190 Rates.

Repealed by Ord. 1540. (Ord. 1527, 2017; Ord. 1518, 2016; Ord. 1511, 2016; Ord. 1428 § 1, 2010; Ord. 1339 § 1, 2005; Ord. 1265 §§ 1, 2, 2000; Ord. 1250 § 1, 1999. Formerly 8.20.120).