Chapter 5.08
GARBAGE COLLECTION AND DISPOSAL
Sections:
5.08.010 Garbage disposal system established.
5.08.030 Moneys received in fund.
5.08.070 Failure to comply—Lien on property.
5.08.010 Garbage disposal system established.
The garbage collection and disposal system of the city as it relates to residential collection shall be maintained and operated as provided in this chapter. (Ord. 790 § 1, 1980: Ord. 567 § 1, 1957)
5.08.020 Contract.
The collection and disposal of garbage within the city shall be by contract with Nooksack Valley Disposal, Inc., subject to the conditions within said contract. (Ord. 790 § 2, 1980: Ord. 567 § 2, 1957)
5.08.030 Moneys received in fund.
All moneys received by the city for the collection and disposal of garbage shall be placed in the current expense fund and paid to Nooksack Valley Disposal, Inc., according to the terms of the contract. (Ord. 790 § 3, 1980: Ord. 567 § 3, 1957)
5.08.040 Metal containers.
All garbage shall be properly wrapped and placed in covered metal containers or other substantial containers and placed at or near but not on the street or alley adjacent to the premises in a position convenient for loading onto trucks. (Ord. 567 § 4, 1957)
5.08.050 Collection.
Collections and disposal of garbage from all premises within the city on which a residential unit is located shall be made once a week. Further collection and disposal of garbage may be made whenever, in the judgment of the city and contractor, such collection and disposal is necessary or advisable in order to keep any of the premises within the city, whether vacant or occupied, clean and sanitary. (Ord. 790 § 5, 1980: Ord. 567 § 5, 1957)
5.08.060 Rates.
The property owners or occupants of the premises within the city shall pay the rates or charges for the collection and disposal of garbage from each of the premises owned or occupied by them as established by contract between the city’s solid waste contractor and the city. The city’s solid waste contractor shall bill the residence or business establishment directly, and the resident or business owner shall pay such charges directly to the city’s solid waste contractor. (Ord. 1591 § 1, 2012: Ord. 881 § 1, 1984; Ord. 826, 1981; Ord. 804 A, 1981; Ord. 790 § 6, 1980: Ord. 739 §§ 1, 2, 1976; Ord. 692 § 1, 1971: Ord. 661 § 1, 1968: Ord. 616, 1962: Ord. 579 § 6, 1957)
5.08.070 Failure to comply—Lien on property.
In case any owner or occupant of premises within the city permits garbage to accumulate thereon, and fails or refuses to deposit such garbage in suitable containers in accordance with the provisions of this chapter, or fails to place the same at or near but not on the street or alley adjacent to such premises in a position convenient for loading, the city, at the discretion of the street superintendent, may direct the contractor to remove such garbage, and in such case the entire expense of the collection and removal thereof, as determined by the street superintendent, shall be charged against such premises, and against the owner or occupant thereof. (Ord. 790 § 7, 1980: Ord. 567 § 7, 1957)
5.08.080 Billing.
(a) All garbage bills shall be paid within twenty days from the first billing date, i.e., the date of the first bill sent to the owner and/or occupier of the property. Any bill not paid within said twenty days shall be deemed delinquent (hereinafter referred to as the “delinquent bill”). The city or the contractor, as the case may be, who is currently handling the garbage collection for the city, shall serve written notice of delinquency (“delinquency notice”), either by certified mail or personal service, on the owner and occupier of the real property (“property”) associated with the delinquent bill at any time after said twenty-day period. If the delinquent bill is not paid within ten days following the date of mailing or service of this delinquency notice, a delinquency charge (“charge”) of twenty-five dollars shall be added to the delinquent bill; provided, the delinquency notice advises the property owner that (1) this charge shall be added; (2) a lien may be filed against the property for the amount of the delinquent bill plus the charge plus the cost of filing the lien, hereinafter collectively referred to as the delinquent amount; and (3) that water service to the property may be discontinued as hereinafter provided.
(b) Once the garbage bill becomes a delinquent bill and/or other delinquent amounts are incurred, the delinquent amount may be included on and as part of the property’s next water bill to be mailed to the owner or occupier of the property and the delinquent amount shall remain as part of the water bill each month thereafter until the same is paid. Should all or any portion of the delinquent amount remain unpaid for more than five days after mailing of said garbage bill as part of the property owner’s water bill, the water service to the property may be discontinued under the provisions for failure to pay for water service as provided for in Chapter 12.04 of this code.
(c) Furthermore, upon the owner’s failure after said ten-day period to pay the delinquent bill as provided in subsection (a) of this section, the total delinquent amount thereof may be registered as a lien upon the property for which the garbage collection service was rendered, and said lien shall become effective by filing of a notice of lien thereof in the office of the auditor of Whatcom County, specifying the charges and the period covered, and the legal description of the property.
(d) Said lien shall be filed within one year of the time that the garbage service was last furnished, and may be foreclosed in the manner prescribed by law for foreclosing liens for labor and material, and the entire cost of foreclosure of the lien, including reasonable costs and attorney’s fees incurred in collecting the same, shall be assessed against the property for which collection and disposal of garbage service was rendered.
(e) The delinquency notice shall include the following provisions:
(1) The amount owing and the time period for which the bill is charged;
(2) The fact that the twenty-five-dollar delinquency charge shall be added to the bill if the bill is not paid within ten days after the date of said delinquency notice;
(3) That delinquency charges may be added to the water bill associated with the property and if not paid in accordance with payments required for water bills that the water service to the property may be shut off under the same procedures for failure to pay for water service as provided in Chapter 12.04;
(4) That a lien for the delinquent amount may be filed against the property and enforced in accordance with the provisions for enforcing delinquent water bills under said Chapter 12.04. (Ord. 1129 § 1, 1994: Ord. 790 § 8, 1980: Ord. 567 §8, 1957)
5.08.091 Violation—Penalty.
In addition to the cost of abatement, any persons violating any portions of this chapter shall be deemed to have committed a civil infraction and shall be fined not less than two hundred fifty dollars nor more than one thousand dollars per violation.
Every person violating this chapter three or more times within a five-year period shall be guilty of a gross misdemeanor and accordingly punished as such.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1305 § 1, 2000)