Chapter 8.12 GARBAGE*

Prior ordinance history: Ord. 589 as amended by Ords. 699, 801, 822, 845, 867, 1004, 1012, 1037, 1124, 1154, 1160, 1190, 1219, 1241, 1304, 1360, 1373, 1394, 1400A, 1422 and 1451.

8.12.010 Purpose.

The city finds that it is in the interest of the public health, safety and welfare to require and regulate the removal, collection and disposal of garbage, refuse, waste, rubbish, debris, discarded food, animal and vegetable matter, brush, grass, weeds, cans, glass, ashes, offal, swill and boxes and cuttings from trees, lawns and gardens. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 1, 2001).

8.12.020 Application of chapter.

This chapter shall apply to all territory embraced within the corporate city limits, except newly annexed areas subject to RCW 35.13.280. Newly annexed areas subject to RCW 35.13.280 will not be required to comply with the rates and billing provisions of this chapter. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 2, 2001).

8.12.030 Definitions.

As used in this chapter, unless the context indicates otherwise:

(1) “Garbage and refuse” means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to animal and vegetable wastes. “Garbage and refuse” is a generic term used in this chapter to mean garbage, rubbish, ashes, swill, and all other putrescible and nonputrescible wastes.

“Garbage” does not include hazardous wastes, which are those waste products which the city collector is unable to collect, transport or dispose of because of potential danger to personnel, equipment or landfill site or which rules of the health department, the Washington State Department of Ecology, or the Environmental Protection Agency, prohibit it from collecting, transporting or disposing of through the designated disposal system.

(2) “Health officer” means the city or county health officer as defined in RCW 70.05.010, or their authorized representatives.

(3) “Contractor” means a person, company or contractor with whom the city has entered into a contract by which such person or firm collects and removes solid waste as provided in this chapter and in such contract.

(4) “Ashes” includes the solid waste products of coal, wood and other fuels used for heating and cooking, from all pubic and private establishments and from all residences.

(5) “Rubbish” includes all nonputrescible wastes, except ashes, from all public and private establishments and residences.

(6) “Swill” 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.

(7) “Yard waste” means leaves, grass, pruning and clippings of woody as well as fleshy plants. Materials larger than four inches in diameter and three feet in length shall not be considered yard waste. Yard waste does not include dirt, rocks, and sod. Christmas trees will be considered yard waste if they have been cut and bundled to a maximum length of three feet.

(8) “Occasional extra refuse” is disposable garbage in addition to the number of containers for which a customer has requested regular service.

(9) “Can” means a watertight, galvanized, sheet metal or plastic receptacle of a tapered design not exceeding thirty-two gallons in capacity, four cubic feet or twelve pounds when empty and sixty-five pounds when full, fitted with two handles and a tight fitting lid. A can shall be watertight, rodent and insect proof and shall be kept in a sanitary condition at all times. Alternate receptacles such as bags, boxes and bundles may be used in place of a can; provided, that a customer’s primary receptacle shall always be a minican, can or cart.

(10) “Cart” means a plastic receptacle on wheels with handles and a tight fitting cover capable of being mechanically unloaded into collection vehicles operated by the contractor in accordance with the collector’s contract. Cart weights shall not exceed a maximum of ninety-five pounds for a sixty-eight gallon cart or a maximum of one hundred and thirty pounds for a ninety-five gallon cart.

(11) “Container” means a detachable container which is to be left at a customer’s premises and to be emptied into the collector’s truck and which is lifted by mechanical means. All such containers shall be metal or of another material found by the collector to be equally good for such purpose, easily cleanable and insect proof and approved by the city. If the containers are to be used for wet waste of any kind, they shall be watertight and have metal or plastic lids.

(12) “Drop box” means a container, which is placed on a collector’s truck, by mechanical means and hauled to the disposal site and returned to the customer’s premises.

(13) “Minican” means a watertight, galvanized, sheet metal or plastic receptacle not exceeding twenty gallons in capacity, fitted with two sturdy handles, and a tight cover equipped with a handle. Minican weights shall not exceed forty pounds for each twenty gallons of nominal capacity.

(14) “Special pickup” means collection of regular service, upon request of the customer, on a day or at a time other than the regularly scheduled day and time. Any amount collected upon such request that is in excess of the regularly scheduled service. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 3, 2001).

8.12.040 Administrative responsibility.

Administrative responsibility of this chapter is delegated to the sanitation committee of the city council who shall have the authority to appoint a sanitation inspector who shall have charge and control of the work of the collector of refuse. The sanitation inspector or his or her designate may make inspections to enforce this chapter and may notify the property owner, customer, and solid waste collector that he or she is in violation of this chapter. The director shall issue any written rules which are consistent with the chapter and which he or she finds are necessary for good administration. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 4, 2001).

8.12.050 Garbage collection hauling and disposal businesses prohibited.

It is unlawful for any person, firm or corporation, other than the city of Omak’s authorized contractor, to engage in the business of collection, hauling or disposal of garbage refuse or waste as defined in this chapter, within the city limits without having obtained a franchise for such business issued by the city council. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 6, 2001).

8.12.060 Garbage refuse and waste defined.

It is unlawful for any person, firm or corporation to use the city’s garbage collection service for any waste or refuse which is not defined as “garbage” in Section 8.12.030. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 7, 2001).

8.12.070 Scavenging prohibited.

It is unlawful for any person, firm or corporation, other than the city, the city’s garbage contractor, or a private disposal company franchised by the city, to scavenge, remove or collect any garbage or refuse after a customer for collection has set it out. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 8, 2001).

8.12.080 Mandatory collection—Receptacles required.

(a) The city of Omak has a system of universal compulsory garbage/solid waste collection. Accordingly, every person in possession, charge or control of any house, dwelling, multi-unit residence, apartment house, trailer, court or any building shall be charged for solid waste collection service at the rates hereinafter specified, whether such person uses such service or not.

(b) It shall be the duty of every person in possession, charge or in control of any house or dwelling, or of any rooming house, multi-unit residence, apartment house or trailer court to keep or cause to be kept an individual garbage can for each dwelling or unit therein; provided, in lieu of or in addition to garbage cans, apartment houses and trailer courts may use carts or containers, as hereinafter specified.

(c) The person in control of such dwelling or rooming house, apartment house or trailer court shall deposit or cause to be deposited in the cans, containers, or carts all solid waste accumulated in or on the premises. When refuse is placed in any of the cans the lid shall be properly replaced. Each can shall be kept clean inside and out to reduce odors. Each can shall be left at the curb for pickup not more than twelve hours before the scheduled pickup day and shall be removed from the curb in not less than twelve hours after the scheduled pickup day. Those customers with alley collection may leave their containers in the alley unless the collector or city requests the customer to store the container elsewhere due to space constraints or health and safety concerns. In the event that any garbage can or other receptacle is inaccessible to the collector, the city shall refuse collection service. Such refusal shall not relieve the customer of the obligation to pay the regular service fee.

(d) Replacement of carts shall be made on the following basis: Replacement necessitated by damage or negligence or normal wear and tear shall be made at the contractor’s expense. Replacement necessitated by loss due to customer negligence and for all other reasons shall be at the customer’s expense.

(e) The city’s contractor shall provide and maintain all detachable containers and carts. Containers and carts furnished by the city’s contractor shall display the contractor’s name and phone number on the cart or container.

(f) All cans and carts shall be kept in a sanitary condition with the outsides thereof clean and free from accumulated grease and decomposing material. The occupant of property shall keep the area around the garbage receptacles clean. The user of a container shall exercise reasonable care of the same. Repairs or cleaning which are necessitated because of neglect or abuse shall be charged to the user.

(g) No garbage or refuse container shall contain earth, rocks, heavy refuse or hot ashes.

(h) Unless the resident has applied for carryout service, he or she on each regular collection day shall place the garbage can or cart at the curb or edge of the public street abutting the property. Whenever alleys exist, can or carts shall be placed so that service can be from five feet of the edge of such alley. When the customer has arranged to be on carryout service he or she on each collection day shall place the can or cart in a consistent and reasonably accessible place that is not inside any building or carport, nor behind any fence or gate.

(i) Every building that has residential garbage shall display the house number and street address numbers on each residential garbage can. Such numbers may be painted on or placed on the cans by the customer and may be painted on or placed on the carts by the contractor. The numbers and street addresses are to be not less than three inches high or less than one-half inch wide. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 9, 2001).

8.12.090 Curbside, carryout or special service.

(a) “Curb service” entitles the customer to have one minican or can, or one or more carts picked up at the curb or street edge of his or her property, or within zero to five feet of an alley if one is available.

(b) Any customer with curb service may leave at the curb, public street edge or alley extra boxes, bagged or bundled materials (in addition to his/her regular service). Such extra bags or bundled materials, not exceeding sixty-five pounds for each item, shall then be picked up along with their first can or cart for an additional charge listed in the schedule of charges.

(c) A residential customer who desires to have his or her solid waste carried out by the collector from a place on his or her property other than the curb or public street may arrange to have carryout service. Any customer on carryout service may leave one can or one or more carts at any consistent and reasonably accessible place on his or her property, so long as it does not require the collector’s employees to enter a building or go behind a gate. Any customer on carryout service may contact the collector to have extra boxes, bagged or bundled materials not exceeding sixty-five pounds each, carried out along with the regular garbage service (in addition to his/her regular service). Such extra bags or bundled materials, not exceeding sixty-five pounds for each item, shall then be picked up along with the first can for an additional charge listed in the schedule of charges.

(d) Any customer on any of the above types of service may call the collector for a special pickup, and the collector shall respond as soon as possible and, in any event, not to exceed forty-eight hours from the date the collector receives notice from the customer of the request for special pickup at a fee as listed in the schedule of charges.

(e) In case of any dispute as to where customers on curb service are to place such cans or carts, the decision of the sanitary inspector after consultation with the collector and customer shall be final. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 10, 2001).

8.12.100 Commercial garbage service—Can or carts.

(a) All uses shall be deemed commercial for purposes of this chapter if a business is operating on the premises.

(b) “Carryout service” for commercial customers will entitle the customer to have one can or one or more carts picked up and carried out by the collector one or more times each week. Any commercial customer on either carryout service or curb service may place extra boxed, bagged or bundled garbage in addition to their regular service to be picked up for an additional charge listed on the schedule of charges.

(c) Under “commercial container service,” a customer can buy or lease a container that is compatible with the contractor’s collection equipment, and meets the requirements of this chapter.

(d) Containers range in size from one cubic yard to twenty cubic yards in capacity. Customers who request that a container be placed on their premises shall be charged a one time delivery fee to cover the contractor’s costs in the placement of the container as set forth in the schedule of charges.

(e) All containers shall be placed in a location accessible to the collector on collection day.

(f) Containers should not be overfilled. They shall not be loaded so heavily that the collector cannot easily move them. They shall be placed on hard and level surfaces. Lids should close properly when the container is full. Should the container be overfilled by the customer, there shall be an additional charge as set forth in the schedule of charges.

(g) Any container customer may call for a special pickup and the collector shall respond as soon as possible and in any event not to exceed forty-eight hours, at a rate specified in the schedule of charges. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 11, 2001).

8.12.110 Drop box service.

(a) Under “drop box service,” a customer can buy or lease or use a drop box compatible with the contractor’s equipment or which the collector supplies meeting the requirements of this chapter at a location on the customer’s premises where it is easily and safely serviced. Drop boxes consist of sizes ranging from ten cubic yards to forty cubic yards and may or may not have lids and may or may not be of a compaction type. The customer has the option of scheduling regular service or arranging for service on a call-in basis. Charges for drop boxes are based upon cubic yardage and/or weight. There is a daily rental fee for those customers using a drop box supplied by the collector. A drop box supplied by the collector must be emptied a minimum of one time per month. Drop boxes must be loaded evenly.

(b) As drop box disposal charges are based upon yardage or weight, the cost of disposal is not fixed.

(c) Customers who request drop box service and have not had drop box service in the past may be required to pay the city a deposit for service until credit worthiness is established. The deposit shall consist of the total of:

(1) Delivery fee;

(2) One month daily rental fee;

(3) Haul rate;

(4) Estimated disposal charge.

(d) Any customer that requests to use a drop box supplied by the collector shall be assessed a delivery fee listed in the schedule of charges to cover the contractor’s costs in the initial drop box placement at the customer’s premises. A delivery fee will be assessed those customers consistently using drop box service only if the drop box is removed and no replacement is left by the collector.

(e) When a customer requests service on a drop box on his premises, the customer shall be responsible to guarantee access to that drop box by the collector. Should the collector arrive and access to the box be denied it for any reason, it will be the responsibility of the customer to obtain access for the collector. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 12, 2001).

8.12.111 Commercial—Diversion to approved facility.

The city retains the right and authority to approve a contract between the city’s contract hauler and a commercial customer, within the city, to provide pickup of garbage and refuse and to divert the same to an approved waste disposal facility outside of Okanogan County, on the condition that the parties fully comply with the most recent terms of the interlocal agreement entered into between the city of Omak and Okanogan County. (Ord. 1922 § 1, 2023).

8.12.120 Unlawful dumping.

(a) It is unlawful to burn, deposit, throw, dump or place garbage, refuse or swill in any lane, alley, and street or on any public or private property regardless of ownership. It is unlawful for any person to collect, remove, or in any manner dispose of garbage, refuse or swill upon any street, alley, public or private property within the city otherwise than as herein provided.

(b) No compost pile shall be kept or maintained unless sufficient appropriate material or substance, approved by the sanitation inspector, is used to prevent the presence of flies, insects, bugs, rodents or other pests or menace to public health and welfare.

(c) It is unlawful for anyone other than the owner or renter of the garbage can, cart, and container; drop box or compactor to deposit any solid waste or other material therein, except with the permission of such owner or renter. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 13, 2001).

8.12.130 Frequency of collection.

The city’s contractor or franchise collector of garbage and refuse shall collect, remove and dispose of all garbage and refuse in the residential section of the city at least once each week and in the business and commercial zones of the city daily or as required excluding Sundays and holidays. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 14, 2001).

8.12.140 Temporary discontinuance of collection service.

A customer may request voluntary discontinuance of garbage collection service during periods for a minimum of one month that the premises are vacant. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 15, 2001).

8.12.150 Collection and disposal charges.

Charges for refuse collection and disposal shall be universal and compulsory for every building in the city and shall be billed in conjunction and simultaneously with statements issued by the city for water and sewer services. The charges or accounts shall be paid at the city hall following date of billing, and if not paid shall become delinquent after the fifteenth day of the month. Service may be suspended for nonpayment of such accounts. Suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary purposes. It shall be the responsibility of each person furnished garbage collection service to notify the utility department of any desired suspension of service during vacancy of the premises. Upon failure to pay the charges for garbage collection and disposal, the amount thereof shall become a lien against the real estate as provided in RCW 35.21.140. The owner of premises receiving benefit of garbage and refuse collection services shall be responsible for payment of all charges. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 16, 2001).

8.12.160 Extra garbage—Determination of volume.

The volume of extra garbage which is placed for collection not in a can, cart, container or drop box will be determined by the collector’s driver on a per-equivalent-can basis if less than one yard total or on a per-yard basis if one yard or more. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 17, 2001).

8.12.170 Disposal charges—Applicable taxes included.

All charges in Section 8.12.190 exclude taxes imposed on the collector by state law. State taxes shall be added to the customer’s solid waste collection bill. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 18, 2001).

8.12.180 Billing for collection service delinquent bills—Liens.

Delinquent bills may be collected by the city by use of one or more of the following cumulative remedies:

(1) All garbage and refuse service to the premises may be suspended. Such suspension shall not relieve the owner of the premises from paying the delinquent account or from accruing additional monthly charges during the period of suspension. Further, such suspension shall not relieve the owner of the premises from an obligation to comply with all provisions of this chapter, and an accumulation of garbage or refuse on the premises may result in an action by the city for abatement of a health hazard.

(2) A civil collection action may be instituted against the owner of the premises and/or the person or persons occupying the same during the period that the delinquent account arose. If the city obtains judgment against such parties, it shall also be entitled to judgment for court costs and reasonable attorney’s fees expended in said litigation.

(A) The amount of a delinquent account shall constitute a lien against the property for which the garbage collection service was rendered. In order to enforce such lien, the city must file a notice of the same with the Okanogan County auditor within ninety days from the date on which the services were performed. Such notice must comply with RCW 35.21.140. The city may file a judicial action to foreclose such lien within a period of eight calendar months after the lien was filed. If the city obtains judgment on such lien, it shall also be entitled to judgment for court costs and reasonable attorney’s fees incurred in such litigation.

(B) The amount of a delinquent account may be referred to a commercial collection agency for collection (in addition to all fees and charges that are charged by the collection agency). (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 19, 2001).

8.12.190 Rate schedule.

The rates and charges assessed by the city for the collection and disposal of garbage and refuse shall be as specified in the city of Omak fee schedule which is adopted by council resolution and are established on a monthly basis, and shall not vary with the number of receptacles in any one pickup. Services specified in the fee schedule are defined below:

(a) Residential Service.

(1) These rates apply to all single-family residences. One pickup per week collection of garbage and refuse properly contained and placed by the occupant at the curb or at the alley/property line.

(2) Extra or Miscellaneous Charges. Where garbage in excess of container capacity is present or garbage cans or garbage units are to be loaded by the collector and are not placed at the curb, in the alley or at a point where the collector’s vehicle can be driven within five feet on improved public roads, additional charges shall be assessed as listed in the fee schedule.

(b) Commercial Service Collection.

(1) Commercial service collection rates apply to commercial businesses, which are defined as all other buildings, etc., other than a single-family residence. Minimum of one pickup per week, collection of garbage and refuse properly contained and placed by the occupant at the curb or at the alley/property line.

(2) Extra or Miscellaneous Charges. Where garbage in excess of the container capacity is present or garbage cans or garbage units are to be loaded by the collector and are not placed at the curb, in the alley or at a point where the collector’s vehicle can be driven within five feet on improved public roads, additional charges shall be assessed as listed in the fee schedule.

(c) Container Garbage Collection. The rate for handling of detachable containers, approved by the city and the city’s contractor for use by commercial and industrial businesses for minimum of one pickup per week.

(d) Drop Box Garbage Collection (Does Not Include Disposal Fees). The rates for handling drop boxes approved by the city and the contractor for use for special or temporary garbage/refuse collection. Drop box garbage collection is for ten-yard containers or larger at unscheduled times or on call, which would vary the dispatch of the collection truck, personnel and equipment.

(e) Special or Temporary Collections. Special or temporary collections are normally for services performed for a time period of less than one full month at one time per week.

(f) Compactor Garbage Collection—Customer Furnished. The rate for handling compactors that compact garbage at a three-to-one or more ratio approved by the city and city’s contractor for use by commercial and industrial customers for a minimum of one pickup per week.

(g) Pickup and Delivery Charges. Charges for cart delivery and container pickup and delivery for dumpsters shall be as indicated in the fee schedule. (Ord. 1648 § 1 (part), 2009: Ord. 1617 § 1, 2008: Ord. 1517 § 1, 2004; Ord. 1514 § 1, 2004: Ord. 1496 § 1, 2003; Ord. 1486 § 1, 2002; Ord. 1472 § 1, 2001: Ord. 1454 § 20, 2001).

8.12.200 Eligibility for senior citizen rate.

A low-income senior citizen of a single-family dwelling unit or duplex in the city of Omak shall be eligible for the senior citizen garbage and refuse collection rate under the following conditions:

(1) The person claiming eligibility must occupy the dwelling unit as his or her principal place of residence.

(2) The person claiming the rate must be the head of the household for the dwelling unit in question.

(3) The garbage account must be in the name of the person claiming eligibility.

(4) No person may claim senior citizen garbage and refuse collection rate for more than one dwelling unit during the same period.

(5) The person claiming eligibility for the senior citizen rate must qualify as follows:

(A) Low-Income Senior Citizen. “Low-income senior citizen” means a person who is sixty-five years of age or older and whose total income, including that of his or her spouse or co-tenant, does not exceed the amount specified in RCW 84.36.381(5)(b), as now or hereafter amended.

(B) Claims for low-income senior citizen garbage and refuse collection rates shall be filed on forms prescribed and furnished by the city clerk. Such forms shall require the claimant to certify his or her eligibility under this chapter. The city clerk is authorized to require documentation of eligibility when necessary. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 21, 2001).

8.12.210 Special services performed by city—Owner’s cost.

In the event that city employees are authorized by the public works director of the utility department to perform special extraordinary garbage or refuse collection services for a private party, using city time or equipment, such private party shall be charged, on the next billing cycle, in an amount equal to the prevailing hourly wage rate for the employees involved. Such charges shall be collected pursuant to the procedures specified in Chapter 8.04. Authorization for such special or extraordinary services shall only be given for abating a violation of this title or for other purposes that benefit the public interest. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 22, 2001).

8.12.220 Waiver of garbage fees for new buildings under construction.

During construction of a new building, a contractor may request connection to city utilities. Unless requested, however, city garbage collection for such premises shall not commence, and garbage fees shall not be charged, until the date of first occupancy of the building. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 23, 2001).

8.12.230 Garbage disposal fund.

There is established and created a garbage disposal fund. All money received by the city for the collection and disposal of garbage and refuse shall be placed in such fund and the expense of such garbage collection and disposal shall be paid from such fund. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 24, 2001).

8.12.240 Penalty for violations.

In addition to any civil remedies, including but not necessarily limited to injunctive relief, and except in cases where a different penalty is prescribed by this chapter, the failure to perform any act required or the performance of any act prohibited by this chapter is designated as a civil infraction, and any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty, which penalty may not exceed three hundred dollars for each offense. Each day during which violation continues shall be deemed a separate offense and separate penalties may be assessed for each separate offense. (Ord. 1654 § 1, 2009: Ord. 1648 § 1 (part), 2009: Ord. 1454 § 25, 2001).

8.12.250 Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of the ordinance codified in this chapter. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 26, 2001).

8.12.260 Effective date.

The ordinance codified in this chapter shall become effective March 1, 2001, after passage by the council, approval by the mayor and publication as required by law. (Ord. 1648 § 1 (part), 2009: Ord. 1454 § 28, 2001).