Chapter 6.08
GARBAGE COLLECTION

Sections:

6.08.010    Generally.

6.08.020    Collection by contractor.

6.08.030    Garbage fund.

6.08.035    Property owner responsibility.

6.08.040    Mandatory service.

6.08.050    Container – Requirements.

6.08.060    Container – Capacity.

6.08.070    Rates – Payment required.

6.08.080    Rates – Schedule.

6.08.085    Repealed.

6.08.090    Refusal to use collection service.

6.08.100    Authorized collector – Permission required.

6.08.110    Records.

6.08.120    Billing procedure.

6.08.130    Repealed.

6.08.140    Garbage collection monthly fee.

For statutory provisions authorizing cities to collect and dispose of garbage and to enact ordinances regulating the disposal and collection of garbage, see RCW 35.21.12035.21.150.

6.08.010 Generally.

The garbage collection and disposal system for the city shall be maintained and operated as provided in this chapter. (Ord. 381 § 1, 1970)

6.08.020 Collection by contractor.

The collection and disposal of garbage within the city shall be performed by a contractor or other city officers under the direction of the officials of the city. (Ord. 381 § 2, 1970)

6.08.030 Garbage fund.

In respect to all monies collected by the city for the collection and disposal of garbage in the city limits, the city may act as a collecting agent only for the city’s garbage disposal contractor upon agreement by both parties, and for the fees and use established in WMC 6.08.140. (Ord. 1668, 2022; Ord. 541 § 1, 1978; Ord. 381 § 3, 1970)

6.08.035 Property owner responsibility.

Property with city services, including, but not limited to, water, sewer, and/or garbage, shall have those services registered in the name of and be the responsibility of the party owning the premises being served. For the purposes of this chapter, “property owner(s)” shall be defined as every person or persons, firm, corporation, or commercial entity in possession, charge, or control of any dwelling, premises, place of business or manufacturing establishment. (Ord. 1500, 2011; Ord. 1124, 1997)

6.08.040 Mandatory service.

All property owners within the city shall be required to have garbage service unless water to the property is turned off and there is no occupancy of the property; provided, however, that a property owner of property within the city which does not receive municipal water services is required to meet compulsory garbage service when the property is occupied. (Ord. 1500, 2011)

6.08.050 Container – Requirements.

Every property owner(s) or occupant within the city is required to use the garbage collection and disposal system of the city, and shall deposit or cause to be deposited all garbage of such a nature that it is perishable or may decompose or may be scattered by wind or otherwise may accumulate on any property owned or occupied by him/her in containers that may or may not be provided by the city or designated contractor. Each container shall be kept clean inside and out at all times. The containers in which the garbage is accumulated shall be placed within five feet from the edge of the driving surface of the road or alley.

No garbage containers for residential garbage, refuse, recyclables or yard or garden waste shall be placed along a public street, on a public sidewalk, or on other public property any sooner than 24 hours before the time of collection. All residential garbage containers shall be removed from public areas within 24 hours of the time of collection. The city code enforcement officer shall have the authority to provide a written warning to the owner whose containers are not in compliance with this section. The written warning shall include an explanation of the roll out fee for part-time residents in accordance with the contract for garbage, recyclables and yard waste collection. Upon issuing two written warnings in any six-month period, the city code enforcement officer shall notify the public works director, who may place an order with the contractor to roll back the container from the roadway each time the container is picked up in accordance with the roll out fee for part-time residents section of the contract and charge the applicable rate included in this chapter. The owner of the container shall be notified in writing of this decision. Once the roll out fee for part-time residents is established, it shall remain in effect until the owner provides sufficient information that, in the sole discretion of the public works director, demonstrates the circumstances have changed. The public works director shall cancel the service and notify the owner in writing. An appeal of any determination by the public works director shall be made in writing to the city council, whose decision is final. (Ord. 1500, 2011; Ord. 442 § 1, 1973; Ord. 381 § 4, 1970. Formerly 6.08.040)

6.08.060 Container – Capacity.

The containers in which garbage shall be deposited, as provided in WMC 6.08.050, shall be of the capacity of a 65- or 95-gallon solid waste cart not to exceed 250 pounds or as mutually agreed upon by the city. (Ord. 1500, 2011; Ord. 381 § 5, 1970. Formerly 6.08.050)

6.08.070 Rates – Payment required.

The property owners or occupants of premises within the city shall pay such rates and charges for the collection and disposal of garbage from each of the premises owned or occupied by them as shall be provided. (Ord. 1500, 2011; Ord. 442 § 2, 1973; Ord. 388 § 1, 1971; Ord. 381 § 7, 1970)

6.08.080 Rates – Schedule.

The schedule of charges for the collection and disposal of garbage from commercial and residential property in the city is set by resolution from time to time as established by the contract with LeMay. (Ord. 1627, 2019; Ord. 1500, 2011; Ord. 1450, 2008; Ord. 1401, 2006; Ord. 1375, 2006; Ord. 1318, 2004; Ord. 1286, 2003; Ord. 1241 § 6, 2001; Ord. 1210 § 2, 1999; Ord. 962, 1994; Ord. 952, 1994; Ord. 890, 1992; Ord. 870, 1991; Ord. 852, 1990; Ord. 835, 1989; Ord. 758, 1985; Ord. 664, 1981; Ord. 645, 1981; Ord. 612, 1980; Ord. 541 § 2, 1977)

6.08.085 Deposit from nonproperty owners.

Repealed by Ord. 1500. (Ord. 661 § 1, 1981)

6.08.090 Refusal to use collection service.

In case any owner or occupant of property 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 property in a position convenient for loading, the city, following written notice to the owner and/or occupant and failure to comply therewith for a period of 10 days from receipt of the notice or return, may collect and remove such garbage, and the entire expense thereof shall be charged against such property, and against the owner and/or occupant thereof, in addition to the regular charge for collection and disposal of garbage. (Ord. 1500, 2011; Ord. 381 § 8, 1970)

6.08.100 Authorized collector – Permission required.

It is unlawful for anyone except city employees or the authorized garbage collector to collect, remove, or transport garbage, offal, or any other offensive or noxious substance or to operate any vehicle for such purpose through the streets, highways, or other ways, within the city, without first having obtained permission from the garbage committee. (Ord. 1500, 2011; Ord. 381 § 9, 1970)

6.08.110 Records.

All garbage collection records shall be kept in accordance with the agreement between the city and garbage collector. (Ord. 1668, 2022; Ord. 381 § 10, 1970)

6.08.120 Billing procedure.

The property owners or occupants of property within the city shall pay such rates and charges for the collection and disposal of garbage in accordance with the agreement between the city and garbage collector. (Ord. 1668, 2022; Ord. 1500, 2011; Ord. 442 § 3, 1973)

6.08.130 Yard waste collection for chipping.

Repealed by Ord. 1500. (Ord. 1030, 1996)

6.08.140 Garbage collection monthly fee.

There is hereby established a fee of $1.00 per month to be collected from all residences and businesses within the city of Westport who have or will have garbage service. Sixty percent of the $1.00 will be used for the annual spring clean-up and 40 percent will be used for various clean-up issues within the city approved by city council. (Ord. 1243, 2001)