Chapter 5.08 SOLID WASTE AND REFUSE COLLECTION AND DISPOSAL*

(1) Appliances. The word “appliances” means a standard household or commercial appliance in excess of four cubic feet in total volume and/or in excess of eighty pounds total weight.

(2) Ashes. The word “ashes” means the solid waste products of coal, wood, and other combustible materials used for heating, cooking, recreational purposes, and other incineration processes from all public and private establishments and residences.

(3) City Clerk. The term “city clerk” means the duly elected city clerk of the city of Othello, or their authorized deputy, agent, or representative.

(4) Code Enforcement Officer. The term “code enforcement officer” means the public works director and/or such other municipal employees appointed by the city council for the express purpose of enforcement of all provisions contained in Title 5 of the Othello Municipal Code.

(5) Collector of Refuse. The term “collector of refuse” means the person, firm or corporation entering into contract with the city for removal and disposal of refuse, or the city.

(6) Debris. The word “debris” means the remains of something broken down or destroyed, and accumulation of loose, detached fragments of rock, sand or gravel, or organic wastes from dead or damaged tissue.

(7) Garbage. The word “garbage” means all putrescible wastes including vegetable wastes, animal offal, and carcasses of dead animals, but not including recognized industrial by-products, and includes all such substances from all public and private establishments and residences.

(8) Health Officer. The words “health officer” mean the city health officer or county director of environmental health and/or their authorized representatives.

(9) Person. The word “person” means any individual, firm, company, association, society, corporation, institution, group, or any business employee thereof. The term also shall mean the occupant and/or the owner of the premises for which service herein provided for is rendered.

(10) Public Works Director. The term “public works director” means that person appointed by the mayor with the concurrence of the city council, having the direct responsibility for operating and overseeing all public works departments, including the city sanitary service department, or their authorized deputy, agent, or representative.

(11) Putrescible. The word “putrescible” means capable of decomposing by micro-organisms with sufficient rapidity as to cause nuisances from odor, gases, etc. Kitchen wastes and dead animals are examples of putrescible components of solid waste.

(12) Refuse. The word “refuse” means garbage, rubbish, ashes, swill, and all other putrescible and nonputrescible wastes, except sewage, from all public and private establishments and residences.

(13) Rubbish. The word “rubbish” means all nonputrescible wastes, except ashes, from all public and private establishments and residences.

(14) Superintendent. The word “superintendent” is synonymous with public works director, and means one and the same.

(15) Swill. The word “swill” means 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 from all public and private establishments and residences.

(16) Tare. The word “tare” means the residue remaining after hauling and cleaning of farm produce by agricultural industries, including soil and other undesirable elements. (Ord. 1278 § 2, 2008: Ord. 687 § 3, 1984).

5.08.030 City solid waste fund created.

There is created and established a special fund to be known and designated as the city solid waste fund, into which all sums collected under this chapter shall be deposited and kept by the city finance officer and from which all expenses of the administration and operation of this chapter shall be paid. (Ord. 941 § 1, 1995: Ord. 697 § 5, 1994).

5.08.040 Storage containers.

(a) It shall be the duty of every person who is the owner of or in possession, charge or control of any dwelling, flat, rooming house, apartment house, trailer camp, mobile home park, hotel, motel, school, club, restaurant, boarding house, or eating place, or who is the owner of or in possession, charge or control of any shop, place of business, or manufacturing establishment, at all times to keep or cause to be kept, portable solid waste carts or containers of approved size, type and construction, provided by the contractor, and the owner or person in possession or control of said premises shall cause refuse to be deposited therein. Solid waste carts and containers shall be strong, watertight, not easily corrodible, rodent-proof, insect-proof, with tight-fitting lids. Containers and carts shall be obtained from the city solid waste contractor and are available in sixty- and ninety-gallon carts and one, two, three, four, six or eight cubic yard capacities.

(b) When refuse is placed in or taken from the containers, the lid(s) shall be immediately replaced in its proper position by the person or collector of refuse who removed said lid(s). Each cart and container shall be kept clean, inside and out, by the owner or person in possession or control of the premises so that no odor nuisance shall exist.

(c) Carts shall be kept at all times in a suitable storage space as provided herein and maintained in the following locations:

(1) Residential Zones.

(A) Alley Access Service. Whenever public alleys exist adjacent to real property being serviced by the solid waste collector, the carts shall be in a suitable place in the alley and easily accessible by the solid waste collector’s equipment on the collection day.

(B) Curbside Service. Where no alley access is available, the cart may be located anywhere on the premises, but not within view from the fronting street of the premises. On days of scheduled collection, the solid waste cart shall be placed at the curbside and then removed within twenty-four hours after collection is made.

(2) Commercial Zones.

(A) Use of Containers. Commercial establishments, together with churches, schools, hospitals, public parks, manufacturing, and other similar user making use of one cubic yard or larger container, may, with the approval of the solid waste collector and the city, locate said container anywhere on their privately owned or operated premises; provided, that the location does not represent or become a nuisance, health hazard or danger to the well being of the occupant, owner, operator, adjacent property owner or general public.

(B) Use of Solid Waste Carts. Commercial establishments utilizing carts shall conform to the requirements set forth for residential zones. These requirements may be modified upon the concurrence of the solid waste collector and the city clerk’s department should specific conditions so warrant a change.

(d) Any person, owner or occupant who fails to provide the necessary solid waste containers, or who fails to meet any other provisions of this section, is guilty of an infraction and subject to the penalties provided by this chapter. (Ord. 941 § 2, 1995: Ord. 697 § 6, 1984).

5.08.050 Hour of placement of solid waste containers at curbside.

All solid waste containers collected at curbside pursuant to Section 5.08.040 shall be set out on the regular day of, or evening preceding, scheduled collection and shall so be set out by the following time:

(a) Residential zones shall have containers placed at the collection site no later than seven a.m.

(b) Commercial and manufacturing zones shall have containers placed at the collection site no later than six a.m.

Persons failing to have solid waste containers properly placed at the curbside or alley prior to collection, and who thereby are not collected, shall not be entitled to regular pickup again until their next regularly scheduled pickup, unless the return trip rate is agreed to be paid by the customer. (Ord. 941 § 3, 1995: Ord. 697 § 7, 1984).

5.08.060 Container regulations.

(a) Refuse or garbage containers shall not be filled with liquid or semi-liquid wastes. All containers and carts shall be kept in a sanitary condition inside and outside and be free from accumulative grease and decomposing material and in such manner that no odor nuisance shall exist. It shall be the responsibility of the account holder to keep the carts or containers clean inside and out so that no odor nuisance shall exist, unless this responsibility is altered by contract between the city and the collector of garbage and refuse. Putrescible waste shall be placed in sealed bags prior to being placed in a cart or container.

(b) The placing or storing of carts and containers in such a manner that they become an attraction for insects, bugs, mice, rats or other vermin, or in such a manner that they can be readily overturned by animals, natural elements, vehicles or children, or causing or permitting the contents to be spilled or scattered is a nuisance, and the person, owner or occupant who causes said nuisance is guilty of an infraction and subject to the penalties provided for by this chapter.

(c) For residential service, every garbage container shall be placed adjacent to the street curb or in the alleyway, outside of the traveled area, and at least five feet from any obstruction with the front of the container facing the street or alleyway on the day designated for collection. For commercial service, all accounts shall have their containers placed on a solid surface in a location accessible to the garbage collector. Safety and maneuverability of the collection vehicles shall be prime considerations.

(d) No garbage cart or container shall contain earth, rocks, or heavy refuse. Any cart or container requiring a person to lift it shall not exceed fifty pounds in total weight.

(e) Compactors for industrial and commercial users shall be designed to be compatible with the city’s or contractor’s equipment.

(f) It shall be the responsibility of the account holder assigned any cart, container, or compactor to load it so that it can be legally hauled on public rights-of-way. Containers shall not be loaded heavier than five hundred pounds gross weight per cubic yard of capacity.

(g) No solid waste cart or container shall be filled with refuse to such an extent that will prevent the lid from securely fitting. If a cart or container is filled to an extent that the lid is at a forty-five-degree angle or more, the owner or occupant will be charged according to the city’s rates in effect at the time. If excess refuse cannot be placed in the cart or container, the owner or occupant shall notify the city prior to their next regular collection authorizing the collection and charges for the excess refuse. For residential accounts, excess refuse shall be contained in weatherproof bags, tightly closed and neatly placed two to three feet from the container.

(h) Items too large to bag, such as appliances, tires, etc., require special handling. The owner or occupant shall notify the city prior to their next regular collection authorizing the collection and charges for the extra items. (Ord. 1278 § 3 (part), 2008).

5.08.070 Hazardous waste.

Hazardous waste shall not be the responsibility of the collector of garbage and refuse and shall be disposed of in accordance with all local, state, and federal laws directly by the person producing such waste. (Ord. 1278 § 3 (part), 2008).

5.08.090 Allowing accumulation.

Any person or owner or occupant of any premises, who throws, discards, or causes or permits the placing or discarding of any item, or the accumulation of, but not limited to, any paper, carton, bottle, can or litter of any kind, or material, garbage, dead animal, animal excretion, leaves, tree prunings, severed weeds or vegetation, abandoned automobiles, automobile bodies or parts, metal scrap, discarded furniture, toys, bicycles or other wheeled devices, or parts thereof, or any other debris, upon any public street, sidewalk, alley or public way, or upon private property, whether residential or commercial, said person commits a nuisance and is guilty of an infraction and subject to the penalties provided by this chapter. (Ord. 697 § 11, 1984).

5.08.100 Cleanup and removal.

In addition to other penalties provided in this chapter, any person, owner or occupant, who causes or permits any of the litter, debris, matter or thing described in this chapter to be placed, spilled, scattered, discarded, or caused or permitted to accumulate on any private premises or any alley or other public way abutting thereon, shall forthwith cause the same to be cleaned up and removed therefrom. In the event that said person, owner or occupant, fails to cleanup and remove same, the city may issue a written notice as provided for in Section 5.08.110, stipulating a time in which said violation or nuisance shall be abated. After the expiration of any notice issued and failure by the person, owner or occupant, to abate the violation or nuisance, the city shall cause the premises and/or alley or other public way abutting thereon, to be cleared or cleaned of any litter, debris, matter or thing, and the cost thereof be charged to and collected from the person, owner or occupant, as provided in Section 5.08.120. (Ord. 697 § 12, 1984).

5.08.110 Notice.

If any person, owner or occupant is committing or has committed a nuisance as set forth by this chapter, the code enforcement officer or public works director may cause a notice to be made to said offender. The notice shall describe the property involved and the condition in violation of this chapter and shall provide the ten days in which the offender has to abate the nuisance. If, after the stipulated time, the nuisance continues, the code enforcement officer or public works director, shall take such other action as necessary to abate the nuisance as provided by this chapter. (Ord. 697 § 13, 1984).

5.08.120 Abatement.

(a) If the owner or occupant fails, after notice as provided in accordance with Section 5.08.110, to clean up and remove the litter, debris or other matter, and abate the condition which is in violation of this chapter, the city administrator shall cause written notice to be sent to the owner of the property and to the occupant of the property, which notice shall:

(1) Describe the property involved;

(2) Describe the condition which exists which must be abated;

(3) State that the city council will consider adopting a resolution requiring the property owner, in addition to other penalties, to abate the nuisance at his cost and expense, within a time specified in the resolution, and if the abatement of the condition is not made by the property owner within the time specified, the city may abate the same and charge the cost of the abatement against the owner of the property and file a lien against the property for such costs if the owner fails to pay the same;

(4) State the date, time and place the city council is to consider the resolution;

(5) Advise the owner and occupant that they may appear before the city council at that time to provide evidence as to why the condition should not be abated;

(6) Be served on the owner at least five days prior to the date the city council is to consider the resolution, said notice may be served by mailing a copy thereof by certified mail, return receipt requested, and by regular first-class mail, postage prepaid, to the owner of record at his last known address as shown by the records of the office of the Adams County treasurer, and to the occupant thereof at the occupant’s last known address, and by posting an additional copy thereof on the bulletin board at Othello City Hall. As an alternative to mailing, the owner and the occupant may be personally served with the notice.

(b) The city council, after the hearing as provided in subsection (a) of this section, may initiate a resolution requiring the owner to abate the condition. The resolution shall:

(1) Describe the property involved;

(2) Describe the condition which exists and must be abated;

(3) Require the owner to abate or remove such condition and provide that if such removal or abatement of the condition is not made by the owner to the satisfaction of the city administrator, or his designee, on a date specified in the resolution, the city will cause the removal or abatement of the condition and the cost of removal or abatement to the city shall become a charge against the owner of the property and a lien against the property;

(4) Provide that in the event the removal or abatement of the condition is not made by the owner or occupant before the time specified therein, the city shall provide for and remove or abate the condition with the work done by city force or under contract;

(5) Provide that the city shall maintain accurate records of all costs associated with said removal and abatement;

(6) Provide that the costs to the city for such work shall be and become a charge to the owner of the property and a lien against the property.

(c) Notice of the lien authorized in this section shall, as nearly as practical, be in substantially the same form filed with the Adams County auditor and enforced and foreclosed on as provided for liens for labor and materials.

(d) In the event that a condition exists that affects the immediate health or safety of any person or persons, the code enforcement officer or public works director, in conjunction with the county director of environmental health and/or city health officer, may proceed to enter upon the premises and abate the condition and charge the expenses of abatement against the person, owner or occupant of the premises by bringing an action in any court of competent jurisdiction, or by any other method provided by law. (Ord. 941 § 5, 1995: Ord. 697 § 14, 1984).

5.08.130 Hauling to landfill site.

It is unlawful for any person to bury, dump, collect, accumulate, remove or in any manner dispose of refuse upon any street, alley or public way or place, or private property within the city, or contract for hire with a third party for the collection, removal or disposal of the above material, the exclusive right to such service being with the city’s designated contractor, except as provided in this section.

(a) Vegetation or organic debris, including brush, leaves, grass, wood and cuttings from trees, cuttings and clippings from trees, lawns, shrubs and gardens, may be hauled from the premises from which such materials are generated by the occupant or owner or by persons hired to perform yard work, to the Adams County landfill site or to the Adams County drop boxes; provided, however, that such material may also be hauled by a neighbor, friend or relative of the owner or occupant of the premises from which such materials are generated to the approved dump site, provided there is no charge made for the services.

(b) Tare may be hauled from the premises generating the tare by the owner, occupant or regularly employed personnel to the Adams County drop boxes, or such other site that may be normally used for such disposal outside of the city not in conflict with any other laws, codes, rules or regulations in effect by the state or county.

(c) Rubbish and debris resulting from demolition, either complete or partial, or through construction projects, including soil excavation, may be disposed of by the person contracting for or performing the demolition and/or construction work; provided, that all rubbish and debris resulting from such act is disposed of in an authorized demolition or landfill site as provided for in state and county laws, codes and regulations.

(d) Any material which may be recycled may be transported by the owner thereof to the recycle center. (Ord. 941 § 6, 1995: Ord. 697 § 15, 1984).

5.08.140 Collection periods.

The collector of refuse shall collect, remove and dispose of all garbage and refuse as set forth in the city’s agreement for service with the collector of refuse, but in no case less than once per week. (Ord. 697 § 16, 1984).

5.08.170 Establishing rates.

The city council, by ordinance, shall adopt a rate schedule for solid waste services rendered, making the schedule of charges to be applied to every person, whether the service is used or not, sufficient to pay all costs including administrative, operational and enforcement costs associated with this chapter. All charges for the service to be rendered shall be payable to the city for deposit by the city finance officer as provided for in this chapter. (Ord. 941 § 7, 1995: Ord. 697 § 19, 1984).

5.08.180 Billing period and method.

(a) Regular monthly billing periods for garbage collection service shall begin with the sixteenth of one month and continue through the fifteenth of the next month and shall be billed on the last working day of each month.

(b) Charges for garbage collection service are assessed and billed simultaneously with the regular monthly statements issued by the city for all persons connected to or using the city water and/or sewer services, whether they use or have need for such garbage collection service or not.

(c) A user requesting new garbage collection service on or after the sixteenth of the month shall be billed for a full month’s service, based on the applicable schedule of rates, for the service requested. A user discontinuing service prior to the fifteenth of the month shall not be billed for that service received between the sixteenth of the one month and prior to the fifteenth of the following month, excluding one cubic yard or larger containers. Users requesting discontinuing service of one cubic yard or larger containers prior to the fifteenth of the month shall be billed for actual service provided.

(d) In the event that an existing user increases or decreases the type of monthly service requested as provided in Section 5.08.190 on or after the sixteenth of one month and through the fifteenth of the following month, said user shall be billed for the degree of actual service provided. (Ord. 1199 § 1, 2005: Ord. 697 § 23, 1984).

5.08.190 Schedules of rates.

(a) The minimum monthly service charge as set forth in Schedules 1 through 6 of this section shall be billed and paid whether or not the solid waste service is used or required.

(b) Charges of multiple-family dwellings and commercial buildings with multiple occupancies, and trailer courts, shall be billed to a single applicant for the entire complex according to the applicable rate schedules, and shall include all units whether all units are occupied or not.

(1) Schedule 1. The minimum monthly service charge for single-family dwelling and commercial, single-occupancy users picked up once a week, or when picked up more than once per week, then in multiples thereof, shall be as follows:

Container Size	Effective 12/16/23	Effective 12/16/24	Effective 12/16/25
95-gallon cart	$21.09	$22.15	$23.26
68-gallon cart	$18.99	$19.94	$20.94

(2) Schedule 2. The minimum monthly service charge for multiple-family residences and commercial buildings with multiple occupants, and including each unit of an apartment, duplex, triplex and all multi-dwellings, picked up once a week for each unit or business occupancy, or when picked up more than once per week, then in multiples thereof, shall be as follows:

Container Size	Effective 12/16/23	Effective 12/16/24	Effective 12/16/25
95-gallon cart	$21.09	$22.15	$23.26
68-gallon cart	$18.99	$19.94	$20.94

(3) Schedule 3. The minimum monthly service charge for each mobile home or unit placed upon a space within a trailer court picked up once per week, or when picked up more than once per week, then in multiples thereof, shall be as follows:

Container Size	Effective 12/16/23	Effective 12/16/24	Effective 12/16/25
95-gallon cart	$21.09	$22.15	$23.26
68-gallon cart	$18.99	$19.94	$20.94

Person(s) operating such trailer courts shall report the average number of spaces having a mobile home or unit placed upon it each six months commencing on January 1st, and monthly billings shall be based upon said report for each six-month period. In the event that the person(s) operating a trailer court reports less homes or units than actually exist, as determined by the city, the person(s) may be back charged for the preceding six months for the actual number of units as determined by the city.

(4) Schedule 4. All persons, commercial and industrial establishments, multifamily dwellings, including trailer courts, schools and institutions at the option of the person, may provide containers in lieu of solid waste carts, upon the following schedule:

Description	Monthly Rate Effective 12/16/23	Monthly Rate Effective 12/16/24	Monthly Rate Effective 12/16/25
One-cubic-yard container, one day per week	$82.85	$87.00	$91.34
Two-cubic-yard container, one day per week	$120.84	$126.88	$133.22
Three-cubic-yard container, one day per week	$164.04	$172.24	$180.85
Four-cubic-yard container, one day per week	$200.28	$210.30	$220.81
Six-cubic-yard container, one day per week	$250.37	$262.89	$276.03
Eight-cubic-yard container, one day per week	$303.86	$319.06	$335.01
Extra pickup of one-yard container	$20.66	$21.69	$22.78
Extra pickup of two-yard container	$29.28	$30.75	$32.29
Extra pickup of three-yard container	$41.46	$43.54	$45.71
Extra pickup of four-yard container	$50.09	$52.59	$55.22
Extra pickup of six-yard container	$62.19	$65.30	$68.57
Extra pickup of eight-yard container	$75.97	$79.76	$83.75

(5) Schedule 5. All persons, commercial, industrial and multifamily dwellings, including trailer courts, and schools and institutions, at their option, may provide for noncompacted or compacted drop box service as follows:

NONCOMPACTED DROP BOX RATES
Description	Effective 12/16/23	Effective 12/16/24	Effective 12/16/25
A delivery fee	$74.01	$77.71	$81.59
20-yard drop box—Minimum monthly rate	$287.81	$302.20	$317.31
20-yard drop box—Per pickup charge—Plus landfill fees	$296.02	$310.82	$326.36
40-yard drop box—Minimum monthly rate	$287.81	$302.20	$317.31
40-yard drop box—Per pickup charge—Plus landfill fees	$296.02	$310.82	$326.36

Noncompacted drop boxes are available for a minimum of two-week rental rate of one-half of the above listed minimum monthly rate. Pickup, landfill fees, and delivery fees are the same.

COMPACTED DROP BOX RATES
Description	Effective 12/16/23	Effective 12/16/24	Effective 12/16/25
A delivery fee	$74.01	$77.71	$81.59
20-, 25- or 30-yard drop box—Minimum monthly rate	$287.81	$302.20	$317.31
20-, 25- or 30-yard drop box—Per pickup charge—Plus landfill fees	$427.60	$448.98	$471.43
35-yard drop box—Minimum monthly rate	$304.17	$319.38	$335.35
35-yard drop box—Per pickup charge—Plus landfill fees	$493.39	$518.06	$543.97
40-yard drop box—Minimum monthly rate	$328.88	$345.33	$362.59
40-yard drop box—Per pickup charge—Plus landfill fees	$542.68	$569.82	$598.31
Turn-around compactors—Per service	$147.94	$155.34	$163.11

Turn-around compactors shall be subject to an additional charge of per service (per pickup), which shall be in addition to the pickup fees listed above.

(6) Schedule 6. Miscellaneous.

Description	Effective 12/16/23	Effective 12/16/24	Effective 12/16/25
Car tires, each	$8.22	$8.63	$9.06
Truck tires, each	$12.36	$12.98	$13.62
Appliances, each, per pickup (except appliances requiring refrigerant unless owner will certify them as Freon free)	$20.57	$21.60	$22.68
Boxes, trash bags, cans, etc., up to 33-gallon can equivalent, each, per pickup	$7.46	$7.83	$8.22
95-gallon toter, extra pickup	$8.22	$8.63	$9.06
68-gallon toter, extra pickup	$6.56	$6.89	$7.23
Furniture other than appliances	$16.50	$17.32	$18.19
Extra loose yards—per yard	$19.68	$20.66	$21.69
Residential return trip (Toter)	$5.56	$5.84	$6.13

(7) Schedule 7. Temporary Garbage Service for Floor Shows, Vaudeville, Circuses, Carnivals, or Exhibitions. Floor shows, vaudeville, circuses, carnivals, or exhibitions, as provided in Section 4.04.010(a)(3), who request temporary garbage service by use of any garbage carts, containers, or drop boxes, shall pay the estimated cost of their garbage service, based upon the rates listed in Schedules 1 through 6 of this section. This estimated charge will be calculated by the clerk’s department and shall include any applicable taxes for the amount of service requested. The estimated charge will be paid at the time that the garbage service is requested. If the actual cost for the garbage service provided is more than the estimated cost, the city shall bill the appropriate business for the additional garbage service fees. Those additional costs will be due and payable by the tenth of the following month. If those additional costs are not paid within thirty days of the due date, the business license will be revoked and those outstanding amounts will be collected per city policy. If the actual cost for the garbage service provided is less than the estimated and paid amount, the city shall refund the appropriate business for the amount overpaid in a timely manner.

(d) Return Trips and Extra Garbage. Return trips are those pickups performed after regular business hours of six a.m. to two p.m. weekdays, or for reasons not the fault of the contractor. The rate for such trips shall be one hundred fifteen percent of the contractor’s charge to the city for time involved. Any extra garbage shall be charged on a per cart or per yard basis. (Ord. 1602 § 1, 2023; Ord. 1556 § 1, 2020: Ord. 1497 § 1, 2017: Ord. 1489 § 1, 2017: Ord. 1416 § 1, 2014: Ord. 1204 § 1, 2005; Ord. 1185 § 1, 2004: Ord. 1156 § 1, 2003; Ord. 1094 § 1, 2001: Ord. 1034 § I, 1999: Ord. 955 § 1, 1995: Ord. 942 § 1, 1995; Ord. 927 § 1. 1994: Ord. 895 §§ 2—8, 1993: Ord. 882, 1992; Ord. 878 §§ 1—3, 1992; Ord. 860 § 1, 1991; Ord. 802 § 1, 1989: Ord. 757 § 1, 1986: Ord. 725, 1985: Ord. 697 § 25, 1984).

5.08.200 Private collection of refuse forbidden.

It is unlawful for any person other than the city or a city-designated contractor to engage in the business of collecting, removing, transporting or disposing of solid waste, rubbish, swill or tare in the city, except as specifically authorized by the city council. (Ord. 941 § 8, 1995: Ord. 697 § 26, 1984).

5.08.210 Enforcement of collection and liens.

The charges for garbage service shall be billed monthly as provided for in Section 5.08.180(b). In the event the garbage service is not paid by the tenth day of the month, then the person owing for the garbage service will receive a notice of delinquency. In the event the charges are not paid by the tenth of the following month, then the water to the property which receives the garbage service shall be terminated. All payments received on a garbage, sewer and water account shall be applied first to reduce the garbage charge, and the balance, if any, shall be applied to payment of the sewer and water bill.

Any unpaid garbage charges shall become a lien against the property for which the garbage collection services is rendered. In the event the city files a garbage lien, the city has the right to be reimbursed for any filing fees it has expended, and a reasonable amount to reimburse the city for the expenses of preparation of the lien.

Any garbage charges for which a lien is filed shall, at the discretion of the city, bear interest at the highest rate of interest which is allowed by Washington law.

All notices of a garbage lien shall be according to form and filed and foreclosed as provided in RCW 35.21.140, and all amendments thereto. (Ord. 697 § 24, 1984).

5.08.220 Charges compulsory.

The garbage collection service and garbage collection charges in the city are universally compulsory whether such service is required or not. (Ord. 697 § 22, 1984).

5.08.230 Compliance.

Every person shall dispose of all solid waste and refuse promptly according to the terms of this chapter, and such rules and regulations adopted by the city council from time to time, and maintained in the city’s policy manual. All solid waste and refuse originating within the city of Othello shall be disposed of by the collector of solid waste under contract to the city, or by the city itself. (Ord. 941 § 10, 1995: Ord. 697 § 20, 1984).

5.08.240 Penalty for violation.

Any person violating any of the provisions of this chapter is guilty of an infraction and, upon conviction thereof, shall be fined a sum not exceeding one hundred fifty dollars. (Ord. 697 § 21, 1984).

5.08.250 Unauthorized use of disposal services.

(a) The disposal containers and devices (herein “container”) employed by users of the city’s universal collection system through its contract collector of refuse are of a limited capacity and reflect a charge for service from the city for access to the refuse collection system of the city. As such, the unauthorized use of the container by persons other than the authorized user of that container is an inconvenience, economic loss and the taking of the services contracted for by another. Such conduct is unpermitted under this chapter and a violation of the same for which a nondeferrable, nonsuspendable penalty is provided herein.

(b) It is the responsibility of every person, firm, association, partnership or corporation to arrange for adequate refuse collection service for all solid waste and refuse generated or disposed of within the city.

(c) The conduct of placing or causing to be placed into the container of another, without permission of the authorized user of that container, is a violation of this chapter. Such conduct may further violate other laws of the state of Washington.

(d) Unauthorized use of the container of another is conclusively evidenced by:

(1) Direct observation of the violator placing material into such container; or

(2) By recovery from the improperly deposited materials found in the container of any items containing the violator’s name, address, telephone number or any other identifying material.

(e) It shall not be a defense to an infraction issued for violation of this chapter that the person cited for the violation gave, delivered, or arranged for another person to dispose of the material found disposed of in violation of this chapter. It shall be the affirmative duty of each person or entity generating garbage and refuse to ensure that it is properly disposed of by any person taking the same for disposal.

(f) It is a defense to a violation of this chapter that the presumed violator delivered the solid waste and refuse in question to the city’s contracted collector of solid waste and refuse at an active service address where the presumed violator is authorized to dispose of solid waste and refuse in a properly and adequately sized container.

(g) A violation of this section shall subject the violator to a C-10 penalty for each bag, sack, stack, bundle or other container of solid waste or refuse disposed of by the violator in violation of this section.

(h) Signs or decals may be placed near or upon containers bearing the following notice:

EACH UNAUTHORIZED USE OF THIS CONTAINER IS A $160 PENALTY. OMC 5.08.250.

(Ord. 1219 § 1, 2006).