Chapter 8.04 GARBAGE AND REFUSE

The maintenance of health and sanitation require, and it is the intention of this chapter to make, the collection, removal and disposal of garbage and refuse and dead animals within the City compulsory and universal. (Ord. C-497, 2002)

8.04.020 Administrative and enforcement responsibility.

The administration and enforcement of this chapter shall be the responsibility of the Chief of Police and his/her designee. The Director may make inspections to enforce this chapter and may notify the property owner, customer, or solid waste collector of any violation of this chapter. The City Manager may issue written rules which are consistent with this chapter. (Ord. C-635 § 1, 2006; Ord. C-497, 2002)

8.04.030 Definitions.

Terms used in this chapter shall have the meaning given to them in this section.

A. “Garbage” means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food or food products.

B. “Person” means every natural person, firm, copartnership, association or corporation.

C. “Premises” means any dwellings, flats, roominghouses, hotels, clubs, restaurants, boardinghouses, eating places, shops and places of business, or any other building or structure. For clarification, each dwelling unit, apartment house and efficiency dwelling unit will be considered to be separate living units and billed as separate living units.

1. “Apartment house” means any building or portion thereof which contains three or more dwelling units and includes residential condominiums.

2. “Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the Uniform Building Code, for not more than one family.

3. “Efficiency dwelling unit” means a dwelling unit containing only one habitable room.

D. “Refuse/solid waste” means all waste and discarded materials, including rubbish and debris, noxious weeds, waste and discarded food, animal and vegetable matter, wastepaper, cans, glass, ashes, night soil, offal and boxes. “Waste” shall not include materials manufactured into byproducts.

E. “Container” means all regular garbage cans of 30- to 33-gallon capacity or mini-cans of 15- to 20-gallon capacity. All containers shall be constructed of durable, corrosion resistant, nonabsorbent material, be water-tight, with a close-fitting cover and two handles. Containers shall not exceed 10 pounds in weight when empty. Containers shall not exceed 65 pounds in weight when full and the contents should fall readily when inverted. Dumpsters may be requested provided their use and location is approved by the City.

F. “Contractor” or “collector” means the individual, firm or entity that is awarded the contract for garbage and refuse collection.

G. “Dumpster” means a container typically not larger than 10 cubic yards with a lid that is used for garbage and refuse. (Ord. C-497, 2002)

8.04.040 Compliance required.

Every person shall use containers to dispose promptly of all solid waste accumulated or generated on property whether owned or rented in accordance with the provisions of this chapter, rules and regulations and other laws. No person other than the collector of solid waste or special waste handling and removal contractors shall collect any solid waste within the City for the purposes of resale or otherwise.

Any and all persons who, whether for profit or not, collect or transport any recyclable materials to, from or within the City shall be required to be licensed as a collector of recyclable materials and shall carry out the operations as authorized by license except property owners may collect and transport recyclable materials generated on their property. (Ord. C-497, 2002)

8.04.050 Collection – Responsibility.

The City shall collect, remove and dispose of all garbage and refuse in the City at least once a week. (Ord. C-497, 2002)

8.04.060 Collection – Authority.

The City, by and through its duly authorized agents and employees, shall have the exclusive right to gather and collect garbage and refuse within the City, and it is unlawful for any person to collect or gather garbage or refuse, except manure, or the contents of any privy vault within the City, or to deposit or dump the same, or cause the same to be dumped or deposited upon any lot of land, or in any water or waterways within the corporate limits of the City. (Ord. C-497, 2002)

8.04.070 Contract for collection – Authority.

The exclusive right of the City to gather and collect garbage and refuse within the City and to dispose of the same, as reserved to the City by AHMC 8.04.060, shall be let by contract by the City Council as provided in AHMC 8.04.080 through 8.04.100. (Ord. C-497, 2002)

8.04.080 Contract for collection – Lowest responsible applicant.

The City Council shall, as frequently as may be required, let by contract to the lowest responsible bidder the exclusive right to collect, remove and dispose of garbage and refuse within the City. (Ord. C-854 § 1, 2015; Ord. C-497, 2002)

8.04.090 Contract for collection – Term – Negotiated price.

A. The City Council shall determine the period for which the contract above provided shall be let, and shall determine the terms and conditions of the contract and the qualifications required of the licensee, the same not to be contrary to the provisions of the ordinances of the City.

B. The contract shall specify the rates and fees charged the City, including the costs and expenses payable by the licensee such as taxes, City administrative fees, disposal fees and other components of rates and fees. (Ord. C-854 § 2, 2015; Ord. C-497, 2002)

8.04.100 Contract for collection – Bond – Telephone service.

A. The contractor shall upon execution of the contract furnish a corporate surety bond as specified in the contract, conditioned for the faithful performance of the contract and compliance with the ordinances of the City.

B. The contractor shall have a toll-free telephone attended during normal business hours and maintain such telephone during the period of this contract. (Ord. C-497, 2002)

8.04.110 Mandatory collection.

A. The City of Airway Heights has a system of universal compulsory garbage/solid waste collection. Accordingly, every person in possession, charge or control of any premises, dwelling unit, multiunit residence, apartment house, trailer court or any building put to residential use shall be charged for solid waste collection service at the rates specified in the schedule of charges.

B. It is the duty of every person in possession, charge or in control of any premises, dwelling unit, or of any rooming house, multiunit residence, apartment house or trailer court to keep or cause to be kept separate containers for each dwelling unit therein; provided, in lieu of or in addition to separate containers, apartment houses and trailer courts may use a dumpster, as hereinafter specified.

C. The person in control of a dwelling unit, rooming house, apartment house or trailer court shall deposit or cause to be deposited in the containers (or dumpster) all solid waste accumulating on the premises. When refuse is placed in any container the lid shall be properly replaced. Each container shall be kept clean to reduce odors.

D. It is the duty of every person in possession, charge or control of any nonresidential premises, shop, place of business or manufacturing establishment wherein solid waste is created or accumulated to keep or cause to be kept in a place accessible to the contractor either a sufficient number of containers such as are required for residential users, and subject to the same conditions, or a dumpster provided by the contractor and suitable for mechanical handling of refuse. Upon approval from the Chief of Police, the contractor shall furnish a dumpster for service at the rates specified in the schedule of charges.

E. At commercial locations the owner, tenant or their employees may lawfully dispose of solid wastes by carrying them to the businesses’ appropriate containers and shall not contract for removal with anyone other than the City’s contractor with the exception of special waste handling and removal when the City’s contractor is not licensed to remove the specified waste. If the special waste is removed by a special contractor and not the City’s contractor, it is the responsibility of the special contractor to inform the Chief of Police prior to removal of such waste. (Ord. C-635 § 2, 2006; Ord. C-497, 2002)

8.04.120 Draining required.

All garbage, before deposit in the container as provided in AHMC 8.04.110, shall be drained of free water and wrapped in paper or other material in such manner as to prevent, as nearly as possible, moisture from such garbage from coming in contact with the sides or bottom of the container. (Ord. C-497, 2002)

8.04.130 Removal required.

It shall be the duty of every person in possession, charge or control of any premises to cause garbage and refuse to be removed and disposed of as herein required. (Ord. C-497, 2002)

8.04.140 Containers – Placement – Exceptions.

Each container shall be left at the curb for pickup not more than 12 hours before the scheduled pickup day and shall be removed from the curb in not less than 12 hours after the scheduled pickup day. Those customers with alley collection may leave their containers within one to five feet of the alley unless the contractor or City requests the customer to store the container elsewhere due to space constraints, or health and safety concerns. (Ord. C-497, 2002)

8.04.145 Used oil recycling.

Repealed by Ord. C-497.

8.04.150 Permitted garbage amounts – Curbside, carryout or special service.

A. Curb service entitles the customer to have emptied one or two mini-cans or containers every other week or once per week.

Any customer on curb service may also leave at the curb, public street edge or alley an extra container, bags or bundled materials (in addition to curb service). Such extra container, bags or bundled materials, not exceeding 65 pounds for each item, shall be picked up for an additional charge listed in the schedule of charges.

B. Carryout Service. A residential customer who desires to have his or her solid waste carried out by the contractor from a place on property other than the curb or public street may arrange to have “carryout service.” Any customer on carryout service may leave one or more containers at any consistent and reasonably accessible place on their property, so long as it does not require the contractor’s employees to enter a building or go behind a gate.

Any customer on carryout service may contact the contractor to have extra cans or boxes, bagged or bundled materials not exceeding 65 pounds each, carried out along with the regular service. The customer shall pay an additional charge as listed in the schedule of charges.

C. Any residential customer whose container(s) are located below ground level (sunken) shall be subject to the additional monthly fee listed in the schedule of charges (residential).

D. Any customer, on any of the above services, whose containers exceed weight limits prescribed in the above description of services shall be subject to an additional fee listed in the schedule of charges (residential).

E. HELICO. Any residential customer who is eligible under statutes and regulations to receive United States Department of Agriculture food stamps, and who is also disabled by reason of age or otherwise so as to be physically unable to carry the container to the curb, may apply, on a form to be prepared by the contractor and approved by the City, for HELICO service (handicapped or elderly low-income service). If the individual is qualified for HELICO, the container will be picked up each week, every other week or monthly from any consistent and reasonably accessible place on his or her property. The contractor, if necessary, shall go through a gate to render such service. Additional containers may be picked up for additional charges listed in the schedule of charges (residential). In any household which is financially qualified for HELICO service, persons shall be deemed disabled by reason of age if all adult persons are over 61 years of age. Persons who qualify for HELICO service shall be required annually to certify to the contractor that they continue to qualify for such service. The contractor may require any person who applies for HELICO service or renewal thereof to provide appropriate documentation to support the claim of eligibility.

F. Special Pickup. Any residential customer on any of the above types of service may call the contractor for a “special pickup,” and the contractor shall respond as soon as possible and, in any event, not to exceed 48 hours from the date the contractor receives notice from the customer of the request for special pickup at a fee listed in the schedule of charges.

G. In case of any dispute as to where containers may be placed, the decision of the Chief of Police after consultation with the contractor and customer shall be final. (Ord. C-635 § 3, 2006; Ord. C-497, 2002)

8.04.160 Dead animal removal.

It shall be the duty of every person in possession, charge or control of any dead animal, or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of by authorized agents of the City. (Ord. C-497, 2002)

8.04.170 Used oil recycling.

A. Upon adoption of a used oil recycling element to the City’s hazardous waste plan as required by RCW 70.951.020, the following shall be deemed mandatory, and violation thereof shall be punishable as hereinafter provided:

1. A person annually selling 1,000 or more gallons of lubricating oil to ultimate consumers for use or installation off the premises, or 500 or more vehicle oil filters to ultimate consumers for use or installation off the premises within a city or county having an approved used oil recycling element, shall:

a. Post and maintain at or near the point of sale durable and legible signs informing the public of the importance of used oil recycling and how and where used oil may be properly recycled; and

b. Provide for sale at or near the display location of the lubricating oil or vehicle oil filters, household used oil recycling containers. The Department shall design and print the signs required by this section, and shall make them available to local governments and retail outlets.

B. If the City shall hereafter adopt household used oil recycling container standards, then the standards so adopted shall be mandatory, and any act done in violation of the standards shall be punishable as hereafter provided.

Failure to comply with the provisions of the oil recycling element set forth in subsection (A) of this section or holding, transporting or storing oil in containers not in compliance with standards adopted as provided in subsection (B) of this section shall be deemed a misdemeanor and punishable as such. (Ord. C-497, 2002)

8.04.180 Burning prohibited.

It is unlawful for any person to burn any garbage within the City. (Ord. C-497, 2002)

8.04.190 Charges – Schedule.

The City Council shall fix a schedule of charges to be charged and paid for the collection of garbage and refuse by the City. The schedule of charges shall be posted at the Clerk-Treasurer’s office in City Hall and a copy thereof mailed to each person liable for payment by the contractor. (Ord. C-497, 2002)

8.04.200 Charges – Additional – When.

An additional charge, over and above the regular charge, shall be made where the container is kept within a building or is inaccessible by reason of locked doors, or it is necessary to contact the owner or occupant of the premises to gain admittance. (Ord. C-497, 2002)

8.04.210 Charges – Payment.

It shall be the duty of the contractor to receive the sums assessed for collection of garbage and refuse under the provisions of this chapter. (Ord. C-497, 2002)

8.04.220 Charges – Delinquency – Lien.

All charges for the services to be rendered under the provisions of this chapter shall be payable to the contractor and, if not paid on or before 10 days from the date of bill, such charges shall be delinquent. (Ord. C-586, 2004; Ord. C-540, 2003; Ord. C-525, 2002; Ord. C-497, 2002)

8.04.230 Compulsory collection system.

The City has a system of universal compulsory collection. (Ord. C-586, 2004; Ord. C-540, 2003; Ord. C-497, 2002)

8.04.240 Unoccupied – Notice – Lien when.

When any garbage or refuse, as defined in this chapter, is permitted to collect on any unoccupied property within the incorporated limits of the City, the City shall mail a notice to the owner thereof and post notice on said property directing the owner to remove said garbage and refuse from the property within 10 days. In the event the owner fails to remove such garbage and refuse within the time limit, the City shall have its agents clear the premises of such garbage and refuse and the reasonable charge for such service shall be a lien upon the premises provided in AHMC 8.04.220. (Ord. C-497, 2002)

8.04.250 Enforcement.

A. Severity. The severity of enforcement of this chapter shall generally correspond to the degree of risk of harm to the public health, safety and welfare.

B. Enforcement Options. When a violation of this chapter occurs, the Chief of Police or his or her designee may utilize one of the following enforcement mechanisms:

1. Criminal Penalties. A violation of any of the provisions of this chapter shall constitute a gross misdemeanor. It shall be a separate offense for each and every day or portion thereof during which any violation of any provision of this chapter is committed. Any person who violates any provision of this chapter shall be subject, upon conviction in court, to a fine not to exceed $5,000 and/or imprisonment in jail for not to exceed 365 days.

2. Civil Penalties. The City Council intends that the civil penalties provided in this chapter shall generally be applied to first violations or other violations when deemed effective. The criminal penalty shall be used when, in the opinion of the Chief of Police, his or her designee, or the City Attorney, the civil penalty will not be effective or timely, or when the violation is a second or subsequent violation. At the time a violation of this chapter has been determined, civil enforcement action may be commenced in accordance with the provisions of this section, and may include one or more of the following:

a. The Chief of Police, his or her designee or a member of the Police Department may issue a citation imposing a penalty upon any person who violates this chapter or regulations adopted hereunder, or by each act of commission or omission procures, aids or abets such a violation.

b. The Chief of Police or his or her designee may, subject to the appeal procedures of this section, suspend or revoke a license as appropriate, if she/he finds that:

i. The activity is not authorized by a license; or

ii. The licensee is not complying with the terms of the license; and/or

iii. The activity is, in the judgment of the Chief of Police or his or her designee, adversely affecting or is a hazard to the public health, safety or welfare.

c. Any person who violates any provision of this chapter or fails to comply with an order to comply issued under this chapter shall be subject to a civil penalty. Each day the violation exists shall constitute a new violation. For each violation defined above, the penalty shall be $250.00. The penalty shall be $500.00 for the second separate violation and $1,000 for the third and subsequent separate violations of the same chapter provision or regulation within any five-year period.

d. Civil penalties assessed may be enforced and collected in accordance with lien, personal obligation, denial of building permits and other procedures authorized by law.

e. The civil citation shall contain the following information or blanks in which such information is entered:

i. File number;

ii. Name of the person cited;

iii. Name of the property owner;

iv. Section of the ordinance or regulation violated;

v. A brief description of the violation of which the person is charged in such a manner as can be readily understood by a person making a reasonable effort to do so;

vi. The date and place at which the violation occurred and the date on which the citation was issued; when any garbage or refuse, as defined in this chapter, is permitted to collect on any unoccupied property within the incorporated limits of the City, the City shall mail a notice to the owner thereof;

vii. A statement of the action, if any, required to be taken to correct the violation as determined by the Chief of Police or his or her designee and the time in which to do so;

viii. A statement that a minimum cumulative civil penalty in the amount of $250.00 per day for each violation shall be assessed against the person to whom the notice is directed;

ix. A statement that the determination of violation may be appealed as prescribed by subsection (D) of this section and that the per diem civil penalty shall not accrue when the administrative appeal is pending;

x. A certification, made by a duly authorized enforcement official, to the effect that he/she certifies that he/she has reasonable grounds to believe, and does believe, that the person cited committed the violation.

C. Service of Citation. The citation shall be served upon the person or persons to whom it is directed, either personally, or in a manner provided for personal service of notices of complaint in district court, or by mailing a copy of the citation by certified mail, postage prepaid, return receipt requested, to such person at their last known address. Proof of personal service shall be made at the time of service by written declaration by the person effecting service, declaring time, date and manner by which service was made. Service by mail shall be deemed complete three days after mailing of the citation.

D. Appeal.

1. Hearing Officer – Appointment. The City Manager shall appoint one or more Hearing Officers to hear appeals relating to the interpretation and/or enforcement of this chapter. The Hearing Officer may be a City employee, but shall not be an employee of the City Attorney’s office, the Finance Department or of the Public Works Department. Contracts may be entered into by the person to act as Hearing Officer, to be compensated as shall be provided therein and paid out of money made available and budgeted therefor.

2. Hearing Officer – Powers and Duties. A Hearing Officer shall hear all appeals taken from the administration of this chapter. The Hearing Officer shall hear evidence presented by the City Attorney and/or the Chief of Police. The Hearing Officer shall likewise hear evidence presented by the person appealing the decision or interpretation. The Hearing Officer shall give substantial weight to the decision/interpretation and shall substitute his/her judgment only upon a showing by the appellant that the Chief of Police decision/interpretation is arbitrary and capricious or clearly erroneous. Formal rules of evidence need not be followed, but witnesses shall be sworn by the Hearing Officer and a written order issued.

3. Appeal Procedure.

a. All appeals shall be filed in writing with the Chief of Police or other such agency as the City may designate. All appeals must be filed within 10 working days of the date of the issuance of the citation, decision or interpretation.

b. All appeals to the Hearing Officer shall contain the following:

i. The names of appellants participating in the appeal;

ii. A brief statement setting forth the action protested and the reasons why it is claimed such protested action should be reversed, modified or otherwise set aside;

iii. The signature of all parties named and telephone numbers and mailing addresses;

iv. Verification, by declaration under penalty of perjury, of at least one appellant of the truth of the matter stated in the appeal. Upon receiving the appeal, the Clerk-Treasurer or his or her designee shall transmit the same to the designated Hearing Officer as provided herein.

c. Failure of any person to file a timely appeal or failure of any person who has filed an appeal to attend the scheduled hearing shall constitute a waiver of his or her right to an appeal hearing.

d. A copy of the final order of the Hearing Officer shall be mailed to the appellant(s) within three working days following the entry of a written order under this section. Unless otherwise stated in the order, such order shall be final and conclusive 10 days from the date of mailing thereof unless any party of record makes application to a court of competent jurisdiction for judicial review and stay of enforcement.

E. Abatement of Immediate Hazard. If the Chief of Police or his or her designee finds there is an immediate hazard to public safety he may abate such hazard without following the procedures of this chapter. In such a case a hearing may be held or offered after the abatement, after notice, and if the Hearing Officer finds that a hazard existed and that its immediate correction was necessary, the amount of the cost shall be billed and if not paid shall be filed as a lien against the property.

F. Collection of Civil Penalties. The civil penalty imposed pursuant to this chapter constitutes a personal obligation of the person or persons to whom the citation is directed. The City Attorney on behalf of the City is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues.

G. Settlement of Suits for Collection of Civil Penalties. The Chief of Police or his or her designee and the City Attorney at the direction of the City Council are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, assign claims to collection agencies, and compromise or otherwise dispose of a lawsuit when to do so would be in the best interest of the City.

H. Liability. Nothing in this chapter shall be deemed to impose any liability upon the City of Airway Heights or upon any of its officers or employees, or to relieve the owner or occupant of any private property from the duty to keep their property in a safe and healthy condition. (Ord. C-635 § 4, 2006; Ord. C-549, 2003; Ord. C-497, 2002)

8.04.260 Accumulation – Notice – Lien when.

When any garbage or refuse, as defined in this chapter, is permitted to collect on any unoccupied property within the incorporated limits of the City, the Code Enforcement Officer shall direct that notice be mailed to the owner thereof and posted on said property directing the owner to remove said garbage and refuse from the property within 10 days. In the event the owner fails to remove such garbage and refuse within the time limit, the City Council shall have its agents clear the premises of such garbage and refuse and the reasonable charge for such service shall be a lien upon the premises as provided by law. (Ord. C-586 § 3, 2004)

8.04.270 Flow control.

A. Adoption by Reference. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference Chapter 8.56 of the Spokane County Code and Ordinance No. 14-0879, both of which are attached to the ordinance codified in this section as Exhibit A and incorporated herein by this reference as presently constituted or hereinafter amended (collectively, the “flow control ordinance”). Unless the context requires otherwise, references to Spokane County shall be construed to mean the City of Airway Heights and references to county staff, unless the context indicates otherwise, shall refer to the City Manager or designee.

This subsection (A) is intended to supplement this chapter.

B. Adoption of Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Exhibit A is necessary or convenient to establish the validity, enforceability or interpretation of the flow control ordinance then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by this reference.

C. Spokane County Code – Copies on File. The City Clerk shall maintain a copy of the flow control ordinance adopted by this section. (Ord. C-850 §§ 1 – 3, 2015)