Chapter 7.04
GARBAGE1
Sections:
7.04.020 Collection made compulsory.
7.04.070 Collection record – Charges – Delinquency.
7.04.080 Failure to pay charges – Lien.
7.04.100 Owner to provide cans.
7.04.120 Garbage to be drained – Wrapped.
7.04.130 Can weight – Garbage size and packing.
7.04.135 Consumer Price Index adjustment to rates.
7.04.140 Charges for residential pickup.
7.04.160 Refuse to be placed outside.
7.04.170 Payment – Delinquent charge.
7.04.220 Rates for business, other charges and temporary dumpsters.
7.04.250 Service outside city limits.
7.04.010 Application.
This chapter applies to all territory within the corporate limits of the city and area of police jurisdiction thereof. (Ord. 1199 § 1, 2024; Ord. 341 § 1, 1956).
7.04.020 Collection made compulsory.
The maintenance of health and sanitation requires, and it is the intention hereof, to make the collection, removal and disposal of garbage and refuse within the city limits compulsory and universal. All residences and businesses shall be charged a minimum of one can per week unless notice by mail or electronic means is received by the city at least 10 business days prior to the property being unoccupied. (Ord. 1199 § 1, 2024; Ord. 777 § 1, 1996; Ord. 687 § 1, 1991; Ord. 341 § 2, 1956).
7.04.030 Definitions.
An “account” is established when an entity has the availability to the use of city utilities. An entity is any natural person, firm, association, corporation, business trust, partnership, limited liability company, state, state agency, or state political subdivision, foreign government, the United States of America, or any federal agency or federal political subdivision or other body political. In the event an entity has more than one location, each location is a separate account.
“Ashes” include the solid waste products of coal, wood, and other fuel sold for heating and cooking from all public and private establishments and from residences.
“Garbage” includes all putrescible wastes except sewage and body wastes, including vegetable and animal offal, and carcasses of dead animals, but not including recognized industrial by-products and shall include all such substances from all public and private establishments and from all residences.
“Health officer” means the city, district, or county health officer, as defined in RCW 70.05.050 as amended by Ex. Sess. Laws of 1969.
“Person” means every person, firm, copartnership, association, or corporation.
“Refuse” includes garbage, rubbish, ashes, swill, and all other putrescible and nonputrescible wastes except sewage, from all public and private establishments and residences.
“Rubbish” includes all nonputrescible wastes, except ashes from all public and private establishments and from all residences.
“Swill” as used in this chapter means and includes every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit, and vegetables.
“Unoccupied” means a residence or business where no owner or tenant occupies the property for more than 90 consecutive days.
Words used in the present tense include the plural, and future tense, and include the singular, and where used in the masculine include the feminine gender. (Ord. 1199 § 1, 2024; Ord. 841 § 2, 1998; Ord. 341 § 3, 1956).
7.04.040 Disposal fund.
There is established a “garbage disposal fund” of the city. All money received by the city for the collection and disposal of garbage shall be placed in the fund, and the expense of the garbage collection and disposal shall be paid therefrom. The city council may also provide for additional revenues to be paid into the fund from time to time. (Ord. 1199 § 1, 2024; Ord. 341 § 4, 1956).
7.04.050 Powers.
This chapter empowers the city to buy, maintain, lease, contract or otherwise acquire and operate equipment and service for the removal and disposal of refuse within the city. (Ord. 1199 § 1, 2024; Ord. 659 § 1, 1989; Ord. 341 § 5, 1956).
7.04.060 Disposal in street.
It is unlawful for any person to bury, burn, dump, collect, or in any manner dispose of garbage or swill upon any street, alley, public place, or private property within the city otherwise than as provided in this chapter.
Waste paper, boxes, brush, grass, leaves, weeds and cuttings from trees, lawn, shrubs, and gardens may be burned on private property, in furnaces, outside fireplaces or private incinerators upon approval of the city fire chief.
It is unlawful for any firm or corporation conducting any hotel, motel, restaurant, or other public eating place to deposit, throw or place any swill upon private property, regardless of ownership, or throw or place swill or other food wastes in a lane, alley, street or public place, unless the swill is placed in a vessel or tank of a type approved by the city maintenance superintendent and which shall have a perfectly watertight and rodent-proof lid which shall fit tightly and not be removed except when placing swill therein or removing same therefrom. (Ord. 1199 § 1, 2024; Ord. 659 § 1, 1989; Ord. 341 § 6, 1956).
7.04.065 Change in service.
Any changes in services rendered, in either size of receptacle or the ordering of a dumpster, must first be approved by the property owner by written notice. Written notice can be by electronic means or by filling out an official request for service change form provided by the city. (Ord. 1199 § 1, 2024).
7.04.070 Collection record – Charges – Delinquency.
The authorized garbage collector shall keep a record of all collections of garbage made from each property and shall deliver a copy thereof to the city clerk-treasurer who shall put the charges for the same on the water and sewer bills to be mailed out to the users each month. Payment for services are the responsibility of the property owner regardless of any arrangement made with the city by a tenant. On failure to pay such charge, the amount thereof shall be a lien against the property for which the garbage collection service was rendered in accordance with law. Should garbage bills become delinquent, the water and sewer service shall be discontinued under the same terms as failure to pay for such water and sewer service. (Ord. 1199 § 1, 2024; Ord. 341 § 7, 1956).
7.04.080 Failure to pay charges – Lien.
Upon failure to pay such charges, the amount thereof shall become a lien against the property for which the garbage collection service was rendered, which lien shall be made effective by the filing of a notice thereof in the office of the county auditor, specifying the charges and giving the legal description of the premises; and which lien shall be prior to any and all other liens and encumbrances filed subsequent to the filing thereof but shall be subject to general taxes and local improvements whether levied prior or subsequent thereto.
The lien shall be filed and foreclosed within the time and in the manner prescribed by law for filing and foreclosing liens for labor and material and in the case of such foreclosure all attorney’s fees and costs of such foreclosure shall be assessed against the owner and/or occupant of said property. (Ord. 1199 § 1, 2024; Ord. 659 § 1, 1989; Ord. 341 § 8, 1956).
7.04.100 Owner to provide cans.
The owner or occupant of each household or place of business having waste is required by ordinance to provide proper cans for waste materials unless otherwise provided by a disposal service under contract with the city. (Ord. 1199 § 1, 2024; Ord. 341, 1956).
7.04.110 Can requirements.
Garbage, rubbish, and ash cans shall be watertight receptacles of sufficient size to hold not less than 10 gallons, nor more than 30 gallons, and shall have close-fitting covers and be provided with two handles, one on each side, unless otherwise provided by a disposal service under contract with the city. (Ord. 1199 § 1, 2024; Ord. 659 § 1, 1989; Ord. 341, 1956).
7.04.120 Garbage to be drained – Wrapped.
Garbage, unless collected daily, shall be drained of free water and be well-wrapped with paper before being placed in can. (It will then neither smell bad in summer nor freeze and stick to can in winter.) (Ord. 1199 § 1, 2024; Ord. 341, 1956).
7.04.130 Can weight – Garbage size and packing.
No residence garbage can, when filled, shall weigh more than a limit set per can by the contractor and shall not be so packed that the contents will readily dump out when the can is inverted. (Ord. 1199 § 1, 2024; Ord. 341, 1956).
7.04.135 Consumer Price Index adjustment to rates.
The rates for service, other charges and temporary dumpsters may be adjusted by the city and the solid waste service provider at the end of each year to reflect the change of the Consumer Price Index for U.S. City Average Urban Wage Earners as may be determined by contract. Administrative charges shall be adjusted as necessary to maintain solvency of the garbage fund. (Ord. 1199 § 1, 2024; Ord. 1020 § 1, 2009; Ord. 976 § 1, 2007; Ord. 966 § 1, 2006).
7.04.140 Charges for residential pickup.
All charges for residential pickup plus administrative fees shall be adopted by city council through the city fee schedule resolution. (Ord. 1199 § 1, 2024; Ord. 1020 § 2, 2009; Ord. 976 § 1, 2007; Ord. 967 § 1, 2006; Ord. 966 § 1, 2006; Ord. 875 § 1, 2001; Ord. 842 § 1, 2000; Ord. 790 § 2, 1996; Ord. 777 § 2, 1996; Ord. 756 § 1, 1995; Ord. 687 § 1, 1991; Ord. 659 § 1, 1989; Ord. 625 § 1, 1986; Ord. 602 § 1, 1984; Ord. 586 § 1, 1983; Ord. 575 § 1, 1982; Ord. 565 § 1, 1981; Ord. 503 § 1, 1978; Ord. 341, 1956, as amended March 11, 1970).
7.04.150 Hot ashes.
Hot ashes or clinkers will not be collected due to danger of fire. (Ord. 1199 § 1, 2024; Ord. 341, 1956).
7.04.160 Refuse to be placed outside.
In all cases, except where a full truck load is removed at one time, all refuse must be placed outside of buildings easily accessible to collectors. Collection trucks are not otherwise permitted to use private driveways. (Ord. 1199 § 1, 2024; Ord. 341, 1956).
7.04.170 Payment – Delinquent charge.
The city will bill for all utilities, including garbage, at the end of each month. Any accounts not paid by the twenty-fourth day and until 8:00 a.m. the following business day shall be considered delinquent and receive a late charge of $10.00, which will be added to all delinquent accounts. Payment for services is the responsibility of the property owner regardless of any arrangement made with the city by a tenant. (Ord. 1199 § 1, 2024; Ord. 891 § 1, 2002; Ord. 846 § 1, 2000; Ord. 722 § 1, 1993; Ord. 532, 1980; Ord. 341, 1956).
7.04.180 Not in cans.
All refuse not in cans must be within five feet of an approved can and a roadway capable of supporting the garbage truck. (Ord. 1199 § 1, 2024; Ord. 341, 1956).
7.04.190 Weekly pickup.
All places shall have not less than one pickup weekly. (Ord. 1199 § 1, 2024; Ord. 687 § 1, 1991; Ord. 341, 1956).
7.04.210 City dump.
The city dump is a restricted landfill to accept only garden/yard waste. All dumping of material is at the discretion of the city maintenance superintendent as to whether it will or will not be accepted. Dumping is permitted when an individual has their vehicle loaded and requests a key from City Hall. The load must be inspected to determine the size of the load. Individuals who dump nongarden/yard waste products shall be fined actual costs for cleanup and disposal and future privileges to use the facility will be lost. There shall be no free dump days.
Fees for dumping are set by city council through the city fee schedule resolution. (Ord. 1199 § 1, 2024; Ord. 1020 § 3, 2009; Ord. 923 § 1, 2004; Ord. 898 § 1, 2002; Ord. 713 § 1, 1992; Ord. 687 § 1, 1991; Ord. 659 § 1, 1989; Ord. 341, 1956).
7.04.220 Rates for business, other charges and temporary dumpsters.
Where cans, dumpsters and other receptacles are placed at the proper point of pickup, the contract charges plus administrative fees shall be set by city council through the city fee schedule resolution. (Ord. 1199 § 1, 2024; Ord. 1020 § 4, 2009; Ord. 978 § 1, 2007; Ord. 976 § 1, 2007; Ord. 967 § 1, 2006; Ord. 966 § 1, 2006; Ord. 875 § 2, 2001; Ord. 842 § 2, 2000; Ord. 790 § 2, 1996; Ord. 777 § 3, 1996; Ord. 756 § 2, 1995; Ord. 687 § 1, 1991; Ord. 659 § 1, 1989; Ord. 639 § 1, 1987; Ord. 636 § 1, 1986; Ord. 625 § 2, 1986; Ord. 602 § 2, 1984; Ord. 586 § 2, 1983; Ord. 575 § 2, 1982; Ord. 565 § 3, 1981; Ord. 538 § 1, 1980; Ord. 503 § 2, 1978; Ord. 341, 1956, as amended March 11, 1970).
7.04.250 Service outside city limits.
Garbage pickup service shall not be extended outside the city limits. (Ord. 1199 § 1, 2024; Ord. 1020 § 5, 2009; Ord. 538 § 2, 1980).
For statutory provisions regarding authority of cities and towns to provide for the collection and disposal of garbage, and to award contracts therefor, see RCW 35.21.120; for provisions enabling cities to require all inhabitants of the city to use the city system, and to set the fee, see RCW 35.21.130.