Chapter 8.20 GARBAGE AND SOLID WASTE

B. “Garbage” means all accumulations of waste matter discarded as of no further value to the owner, such as kitchen and table waste, bottles, cans, wrappings, small discarded containers, small dead animals weighing not over 15 pounds, hollow ware and every accumulation of animal, fruit and vegetable waste from the preparation, processing, cooking, storage or handling of meats, fish, fowl, fruits and vegetables.

C. “Refuse,” as used in this chapter, means and includes waste matter discarded as of no further value, including ashes, cinders, clinkers, lawn cuttings and grass, broken up household furnishings and equipment from dwellings, boxes, small barrels, cartons, shrubs, small trees, small tree limbs, paper and scraps of wooden crates and boxes. Large trees (more than six feet long and four inches in diameter), earth, sand, gravel, rocks, broken concrete, plaster, bricks and other building materials, automobile bodies, large automobile or machine parts, building waste and fire refuse and waste are excluded. (1964 code § 4.20.010).

8.20.020 Burning refuse – Throwing garbage in streets.

It is unlawful for any person to burn any garbage or refuse, or dump or deposit any garbage or refuse upon a street or alley, or out of doors on any private property in the city, or to burn the same, or to collect, remove or dispose of the same, except as provided in this chapter. (Ord. 2010-8 § 5; 1964 code § 4.20.020).

8.20.030 Storing garbage on premises.

It is unlawful for any individual, firm or corporation to store or permit the storage of refuse, domestic or industrial garbage on or about their premises or the premises occupied by them unless such refuse is kept in those certain containers provided for in this article. (1964 code § 4.20.030).

8.20.040 Removal at city’s expense.

It is unlawful for any municipal employee or independent contractor to collect or remove at city expense any refuse from the premises of any individual, firm or corporation or tenant thereof, unless such premises are equipped with those certain containers provided for in this article, and unless such refuse, domestic and industrial garbage is kept and stored in such containers, except limbs and brush. (1964 code § 4.20.040).

8.20.050 Garbage containers – Required.

The owners or person in charge of or in possession of any property or premises within the city, wherein refuse, domestic or industrial garbage originates, shall at all times keep or cause to be kept the portable containers provided in this article for the disposal therein of refuse, domestic and industrial garbage, and shall deposit or cause to be deposited therein such refuse, domestic and industrial garbage. In the event the city cannot accommodate the garbage service requested by a large industrial user, said user shall have the option to contract with a private garbage company. (Ord. 2010-23 § 1; 1964 code § 4.20.050).

8.20.060 Garbage containers – Number and capacity.

The city shall provide containers to residents for the purpose of storing and the pickup of garbage. Said containers shall be provided on the basis of individual 90-gallon containers for residences. Said containers shall remain the property of the city. (Ord. 2010-8 § 6; 1964 code § 4.20.060).

8.20.070 Garbage containers – Sanitary condition – Responsibility for collection.

A. Such cans shall be kept in a sanitary condition with the outsides thereof clean and free from accumulating grease and decomposing matter. The city council reserves the right at all times to make rules and regulations pertaining to the size of the containers or as to the nature of same.

B. The city shall be responsible for collecting and removing garbage and refuse but shall not be liable by reason of failure to do so or for charges or any part thereof by any independent contractor removing same. Containers shall not be painted, decorated, defaced or in any manner altered, damaged or removed by any individual, firm or corporation. (1964 code § 4.20.070).

8.20.080 Garbage containers – Location.

No containers shall be kept or stored on any public street in the city. In blocks in which there are alleys, such containers shall be kept on private property wherever possible in a convenient and accessible location where automatic pickup by mechanical means can be accomplished easily. In blocks in which there are no alleys, such containers shall be stored on private property. Upon the day assigned for collection, the containers shall be placed by the property adjacent to the street in a position which will allow the automatic pickup of the container by mechanical means. Containers not so placed will not be picked up and emptied by the city. (1964 code § 4.20.080).

8.20.090 Garbage containers – Maintenance of premises.

The owner or person in charge of such property shall maintain the place where said containers are located in a clean and sanitary condition, and shall at all times prevent said containers from being upset or spilled by dogs or any source whatsoever. (1964 code § 4.20.090).

8.20.100 Garbage to be wrapped and drained.

All domestic garbage, before deposit in the container as provided in this article, shall be drained and wrapped in paper or other material. Any ashes shall be placed in paper type containers or cartons and shall have all fire eliminated from the ashes. (1964 code § 4.20.100).

8.20.110 Tampering with garbage containers prohibited.

It is unlawful for any person other than the person in possession, charge or control of any premises, authorized employees of the city, or contract collectors, to remove or lift the coverings of any container, and no other person shall tamper with or remove any article or material whatsoever from said containers. (1964 code § 4.20.110).

8.20.120 Disposal of fruit refuse.

There is excepted from the operation of GMC 8.20.010 through 8.20.110 all fruit refuse from any fruit processing plant or warehouse in the city. Such fruit refuse may be disposed of as swill for commercial purposes by such fruit processing plants and warehouses. None of the fruit refuse from any fruit processing plant or warehouse in the city shall be deposited within the city limits, except premises designated by the city for such purpose. (1964 code § 4.20.120).

8.20.130 Permit required for garbage collection.

No person shall collect any refuse, domestic or industrial garbage within the city, without first having secured from the city a permit therefor, except the contractor for garbage collection of the city. (1964 code § 4.20.130).

8.20.140 Authority to adopt rules and regulations.

The council is authorized and directed to make and adopt by resolution such rules and regulations as it deems necessary, in addition to those provided in this article for the collection, hauling and disposal of refuse, domestic and industrial garbage originating in the city. (1964 code § 4.20.140).

8.20.150 Violation – Penalty.

Any person, firm or corporation who violates or fails to comply with any of the provisions of this article, or who counsels, aids or abets any such violation or failure to comply, shall be deemed guilty of a civil infraction and shall be subject to a fine of not less than $100.00 nor more than $500.00. (Ord. 2010-8 § 7; 1964 code § 4.20.160).

Article II. Garbage Collection

8.20.160 Garbage fund created – Deposits – Expenditures.

There is created and established a fund to be known and designated as the “garbage fund,” into which shall be paid all funds collected as set forth in this article in and by the handling of garbage in the city. The funds so set aside shall be used for the payment of salaries, wages, contractors’ fees, supplies and materials and such other expenditures as the council from time to time deems in the best interests of the citizens of the city. (1964 code § 4.20.170).

8.20.170 Rates – Determination by studies.

The rates for collection of garbage by the city shall be determined by studies conducted by the city at such time and places as the council may designate. (1964 code § 4.20.180).

8.20.180 Rates – Set by resolution.

The rates for garbage service for the city shall be determined by resolution of the city council to be passed from time to time as deemed necessary in accordance with GMC 8.20.170, and to be filed with the city clerk, with the rates to be effective at such times as deemed by the city council and a copy of the resolution shall be kept on file in the office of the city clerk, available to the public. (Ord. 1274 § 1, 1990; Ord. 1094 § 1, 1983; Ord. 1045 § 1, 1981; 1964 code § 4.20.190).

8.20.190 Defective garbage containers.

Defective containers shall be repaired or replaced at the option of the city upon notification by the property occupant. (1964 code § 4.20.200).

8.20.200 Billing charges.

Charges for garbage service will be prorated on the same basis as water and sewer charges as set forth in GMC 13.28.035. Charges for garbage shall be billed by the city clerk on the same billing with the water and are payable at the office of the clerk on the date of billing and shall be considered delinquent on the twenty-first day of the month in which the original billing was rendered. In addition to the charges, applicable Washington State Public Utility Tax and any other applicable tax shall be shown on the billing and collected in accordance with the ordinance codified herein and GMC 13.28.120. (Ord. 2010-8 § 8; Ord. 1180 § 3, 1987; Ord. 1135 § 1, 1985; Ord. 1094 § 2, 1983; 1964 code § 4.20.210).

8.20.210 Contracts – Application – Bond – Termination.

A. The city council may enter into a contract with a contractor for the collection of garbage and refuse, for exclusive right to collect, remove and dispose of all garbage and refuse. The exclusive right shall be subject to this section and all other ordinances of the city.

B. The contractor shall be a person who, in the minds of the city council, is best qualified and best equipped to perform the contract contemplated in the rendering of the services made. Such a contract shall be made every five years, or more frequently if required; provided, however, that the city council may, at its option, handle the collection and disposal of garbage under municipal ownership. Applicants for a contract with the city as contractor shall file their applications, together with their proposals of services to be rendered and equipment to be used, with the city clerk, at least one week prior to the dates of the council meetings at which the applications shall be considered by the city council at its first regular meeting in the month of December of every fifth year, beginning December, 1967, unless the city council otherwise publishes call for application or bids at least 10 days prior to the time of considering the applications or bids.

C. The contractor shall furnish corporate surety bond to the city in the sum of $5,000, conditioned upon the faithful performance of his contract and compliance with all ordinances of the city and all rules and regulations, laws and statutes relating to his business, including the provisions of this section.

D. Any contract with the contractor may be terminated by the city at any time for cause, or for failure to comply with the terms of his contract with the city or the provisions of this section and reasonable regulations imposed pursuant thereto. (1964 code § 4.20.225).

8.20.230 Deposits required for service outside the city limits.

A deposit in the amount of $50.00 is required for service outside the city limits; the amounts of such deposit may be amended from time to time by resolution of the city council. Said deposit shall be kept in a separate account and the sum shall not bear interest to the applicant and shall be refunded to the applicant upon his termination of service in full payment of all amounts due for utility charges; the deposit sum may be applied upon such default and the utility service shall be terminated until the applicant again applies for service and makes a new deposit as herein specified. (Ord. 1067 § 2, 1982; 1964 code § 4.20.040).

Article III. Solid Waste Disposal

8.20.240 County procedure – City contribution.

A. The county, in conjunction with the Yakima County Conference of Government, will proceed with the Solid Waste Management Plan in accordance with Chapter 70.95 RCW.

B. The city will contribute to the plan with contributed services and through its membership in the Yakima County Conference of Government. (1964 code § 4.22.010).

8.20.250 Facility established – Availability.

Repealed by Ord. 2010-8. (1964 code § 4.22.020).

8.20.260 Facility operation.

Repealed by Ord. 2010-8. (1964 code § 4.22.030).

8.20.270 Rates.

Repealed by Ord. 2010-8. (1964 code § 4.22.040).

8.20.280 Rules and regulations.

Repealed by Ord. 2010-8. (1964 code § 4.22.050).

8.20.290 Violation – Penalty.

Any person found in violation of the rules and regulations as established, or failing to make payment in accord therewith, shall be guilty of a civil infraction and shall be subject to a fine of not less than $100.00 nor more than $500.00. (Ord. 2010-8 § 13; 1964 code § 4.22.060).

Article IV. Yard Waste

8.20.300 Definition.

Repealed by Ord. 1648. (Ord. 1483 § 1, 1996).

8.20.310 Yard waste program.

Repealed by Ord. 1648. (Ord. 1483 § 1, 1996).

8.20.320 Yard waste fees.

Repealed by Ord. 1648. (Ord. 1483 § 1, 1996).

Article V. Commercial Dumpster Service

8.20.400 Establishment – Contracting.

The city may establish a commercial dumpster service and may contract with a private garbage company to provide such dumpster placement collection and disposal service. (Ord. 1545 § 1, 1999).

8.20.410 Billing authorized.

The city shall bill the commercial customer for the service as set by resolution pursuant to GMC 8.20.180. (Ord. 1545 § 1, 1999).

8.20.420 Billing cycle – Rate setting.

The city treasurer shall determine the billing cycle to be used by the city for these accounts. Said rates shall be set from time to time by the city council by resolution. (Ord. 1545 § 1, 1999).

8.20.430 Lien authorization.

Upon failure to pay the charges as set by resolution, the amount thereof shall become a lien against the property for which the waste collection and disposal service is rendered pursuant to RCW 35.21.130 and 35.21.140. Said lien for garbage collection and disposal service specifying the charges, the period covered by the charges and giving the legal description of the premises sought to be charged, shall be filed with the county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens for labor and material. (Ord. 1545 § 1, 1999).