Chapter 15.05
PENALTIES
Sections:
15.05.010 Administrative enforcement.
15.05.020 Appeal of administrative enforcement.
15.05.010 Administrative enforcement.
A. Misuse of Container. Violations of RMC 15.03.020(B), (D) through (M) and 15.03.030(B) through (F) are subject to administrative enforcement by the director or designee as follows:
1. Container Tag. The director or designee may direct compliance through placement of a tag on the container of the violator. The tag will include specific information describing the violation and the corrective action required.
2. Administrative Notice of Violation. The director may require compliance by issuing an administrative notice of violation. Such notice will include specific information identifying the violation and the required corrective action. In addition, the administrative notice of violation may include one or more of the following remedies:
a. Imposition of an administrative fine between $10.00 and $100.00 per occurrence; and/or
b. Revocation of container and service.
B. Recurring violations will result in enforcement with escalating penalties. If corrective action through administrative enforcement by the director is unsuccessful, the violation will be forwarded by the director to Richland’s code enforcement division for enforcement as a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E). Administrative enforcement is unsuccessful when the violator received two separate administrative notices of violation for failing to comply with RMC 15.03.020(B), (D) through (M) and/or 15.03.030(B) through (F) and a subsequent violation occurs. [Ord. 38-21 § 1].
15.05.020 Appeal of administrative enforcement action.
A. Any person receiving an administrative notice of violation may appeal to the director. Persons desiring to appeal an administrative notice of violation and/or fine must file a written request for the director to reconsider along with full payment of the fine amount. The director shall issue a decision regarding the appeal within 15 business days. On appeal, the director may affirm, modify, or rescind the administrative notice of violation. If the violation is modified or rescinded, the director may order one or both of the following:
1. Resumption of service with or without a service reinstatement fee; or
2. Return of all or part of the administrative fine paid with the appeal notice.
A customer seeking to reinstate suspended service shall pay a container delivery fee provided in the city’s fee schedule. [Ord. 38-21 § 1].
15.05.030 Prohibited acts.
A. Illegal Dumping. Illegal dumping is a misdemeanor offense subject to prosecution under RMC 9.12.055. Unlawful accumulation and disposal of refuse is prohibited pursuant to Chapter 10.04 RMC.
B. Private Incineration. The residential burning of wastepaper, boxes, rubbish and debris is prohibited. Brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens may be burned only as allowed by the Benton Clean Air Agency.
C. It is unlawful for any person to transport refuse over the city streets except in closed containers. Further, it is unlawful for any person transporting refuse over the city streets to permit such refuse to be scattered over private or public property. Violators of this provision shall have committed a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E).
D. It is unlawful for any person to scavenge or salvage at any city-owned or operated disposal site or solid waste container to remove any refuse therefrom without permission of the director. Violation of this provision is criminal trespass subject to prosecution under RMC 9.06.075. The city manager is authorized to enter into contracts in the name of the city granting an exclusive right to scavenge or salvage at any or all city-owned disposal sites for any class of refuse.
E. It is unlawful for any vehicle to enter the Horn Rapids Landfill with a load not tied, covered or otherwise secured within the vehicle. Failure to comply prior to disposing of an unsecured load is subject to a $50.00 fee pursuant to RCW 70A.200.120 and the city’s fee schedule. This section does not apply to vehicles carrying a load of dirt, sand or gravel; provided, that six inches of freeboard is maintained within the bed carrying the load.
F. It is unlawful for any person, contractor, or business to fraudulently represent themselves as a Richland resident or Richland business, or to assist another in such misrepresentation, or to knowingly and/or willfully misrepresent the origin or class of solid waste in order to obtain a lower disposal charge at the Horn Rapids Landfill. Failure to pay landfill charges at the time of service constitutes fraudulent activity. Customers violating this provision may be denied future use of the landfill, and/or may be prosecuted for theft of service as provided in RMC 9.06.010.
E. Except as otherwise provided for herein, any person, partnership, association, firm or corporation who willfully violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter or its provisions shall have committed a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E).
F. For any violation of a continuing nature, each day’s violation shall be considered a separate offense, and shall subject the offender to penalties for each offense. [Ord. 38-21 § 1].