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HomeMy WebLinkAbout2620 Solid Waste Collection RatesOrdinance No. ~ {''' ~ O AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING TITLE 6, HEALTH AND SANITATION, CHAPTER 6.04, GARBAGE COLLECTION AND DISPOSAL, OF THE PORT TOWNSEND MUNICIPAL CODE, CLARIFYING THE BILLING STATUS OF SINGLE FAMILY AND MULTI-FAMILY RESIDENTS TO ENCOURAGE CURBSIDE RECYCLING; AMENDING CUSTOMER RATES TO IMPLEMENT THE 1998 BUDGET RECOMMENDATIONS AND THE CONTRACT WITH THE CITY'S SOLID WASTE CONTRACTOR; ADDING RATES FOR COMMERCIAL COMPACT GARBAGE COLLECTION; AND ADOPTING A NEW CHAPTER 6.06, uLOW-INCOME, LOW-INCOME DISABLED AND LOW-INCOME SENIOR CITIZEN SOLID WASTE COLLECTION RATE REDUCTION PROGRAM" WHEREAS, solid waste collection service is a fundamental municipal function, with uniform, managed collection necessary for the preservation of public health. Within its municipal authority pursuant to Washington law, and in order to provide an efficient and cost- effective solid waste collection system which meets essential health standards to guarantee basic sanitary conditions, the City of Port Townsend deems it necessary that participation in the City's solid waste collection program be mandatory, and that all solid waste collection services described in this Ordinance be handled by a single, uniform collection system, with mandatory participation by all City residents; and WHEREAS, the City of Port Townsend encourages curb-side recycling and has established a solid waste collection rate structure to provide incentives for residential recycling; and WHEREAS, by Resolution 96-97, the City Council adopted a City Waste Reduction and Recycling Plan, including recommendations to increase incentives to reduce the City's waste stream, and encourage recycling; and WHEREAS, the City Council intends to implement recommendations made in the Waste Reduction and Recycling Plan and amend Chapter 6.04 PTMC in order to provide residents and owners of multi-family structures with financial incentives to recycle; and WHEREAS, a recent cost of service study has shown that, for several years, the City's solid waste rate structure has not adequately reflected the actual cost to customers for the service, with financial resources of the City other than solid waste rates paying for a portion of the cost of solid waste service. Despite the impact of inflation upon the cost of delivering solid waste collection and disposal services, rates have not been raised since 1993. Rates established in 1993 do not reflect additional disposal costs charged to the City by Jefferson County for disposing City-generated solid wastes at the Jefferson County Waste Management Facility; and WHEREAS, this Ordinance is intended to correct the rate structure for solid waste services to better reflect the cost of delivering municipal solid waste services to City customers; and WHEREAS, the City Council hereby implements a rate structure for the collection of commercial compacted garbage, to address evolving customer needs; and WHEREAS, the City Council finds it necessary and appropriate to adopt a program for low income and low income elderly solid waste customers to seek reduced solid waste collection rates. The Council deems the adoption of such a program to be within the City's authority to provide financial assistance to persons meeting federally-accepted standards establishing need for public assistance, NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: SECTION 1. Title 6 PTMC, "Health and Sanitation," of the Port Townsend Municipal Code is hereby amended to revise chapter rifles and add a Chapter 6.06, "Low Income, Low- Income Disabled and Low-Income Senior Citizen Solid Waste Collection Rate Reduction Program," as follows: Title 6 HEALTH AND SANITATION Chapters: 6.04 6.06 6.12 6.20 6.24 Garbage Solid Waste Collection and Disposal Low Income, Low-Income Disabled and Low-Income Senior Citizen Solid Waste Collection Rate Reduction Program Unlawful Depositing of Garbage Unlawful Use of Harmful Packaging Materials Washington Clean Indoor Air Act Adopted (Ord. __ § 1, 1997). 2 Ord. SECTION 2. Chapter 6.04, Garbage Collection and Disposal, of the Port Townsend Municipal Code is hereby amended to read as follows: Chapter 6.04 SOLID WASTE COLLECTION AND DISPOSAL Sections: 6.04.010 6.04.020 6.04.030 6.04.040 6.04.050 6.04.060 6.04.070 6.04.080 6.04.090 6.04.100 6.04.110 6.04.130 Definitions. ~,~,,~ ~-d· ..~,,...,,'-'-' '- Solid waste accumulation prohibited; Disposal of hazardous waste. Containers; Placement at curbside; Sanitar_v condition; Penalty. I'~, ......... ~t mo ~o-~"- -' Mandatory_ customer narticination._ _ Collection days schedule. Rates for collection. Number of containers; Frequency of collection picknp; Appeal to city council. Commercial and industrial solid waste collection. Yard waste collection. Maximum container size. ~,~,~q~,~,,~ ~,~, ~, - L,~, Property owner liable for accounts; Lien against the property. Occasional extra garbage - Tag system. 6.04.010 Definitions. A. In administering this chapter 6.04 PTMC, the following words and terms shall have the following meanings: /'ii~,llrv~ /[;) I.I;:)[AI 111 ~.111,.~ [.llCl. lJl. g;l~ /l, lldll lllJ.¥g; IL,.~ [.,~./lllllll, Jll nll[l (l,k.~vg;.[Jl.C,t,,l lll[.,(llllll~). "Commercial compacted garbage" as used in this chapter, means commercial garbage or waste that has been compacted by customer-owned compactor equipment and is compatible with the solid waste contractor's equipment. "Commercial complex" shall consist of all buildings or businesses located on a single parcel of real property, and which pro?erty, businesses and buildings are owned by the same person or entity. 3 Ord. "Commercial refuse" means all solid wastes which originate in businesses, office buildings, stores, markets, theaters, and other non-residential buildings. Commercial refuse may be classified as either "garbage" or "rubbish". "Curb" or "Curbside' means the area adjacent to the public street, private street used for general circulation, or alley, extending from the street or alley not more than five (5) feet onto the homeowner's property. If extraordinary, circumstances preclude curbside placement, "curbside" shall be considered a placement suitable to the resident and convenient to the solid waste contractor's equipment, as approved by the director of public works. "Director" or "director of public works" or "public works director" means the city of Port Townsend director of public works, or designee, who is the official or employee of the City delegated and authorized to administer the Port Townsend Municipal Code provisions for collection of solid waste, including the administration of this solid waste collection contract; provided, however, all financial matters provided in this chapter, including but not limited to collection of rates, shall be administered by the city finance director or designee. "Drop box" means an all-metal container, typically used for collection of recyclable material and other solid waste, with lidded or non-lidded cover, with capacity of not less than ten (10) cubic yards, and not more than fifty (50) cubic yards. "Dumpster' means an all-metal container, with lidded or non-lidded cover, typically with capacity of one (1), one and one-half (1-1/2) or two (2) yards, capable of being picked up by a mechanical device and dumped into solid waste collection vehicles. ',Garbage" means all putrescible animal, fish, food, fowl, fruit, grain or vegetable matter resulting from the preparation, storage, handling, decay or use thereof, and all organic waste. "Hazardous waste," ,~.. ~,~ ,, L,,~ ,~,,,~vL,,, means and includes any and all substances, material or things defined or designated as "hazardous waste," "hazardous substance" or "hazardous material" under any state or federal law or regulation. "Multi-family dwelling" means any residential complex, including apartment buildings and mobile home parks, designed exclusively for residential occupancy by five (5) or more families living independently of each other receiving solid waste collection service for the entire complex. " ......J :-- "-'- -'- ..... part hip "Person, ,~, ~,~., ,. L,,l~ ,~,,,u-,L~., means and includes any person, ners , corporation, association, firm or other entity. "Putrescible' refers to those items that are liable to rot or putrefy. 4 Ord. "Recy¢lable material" means those solid wastes that are separated from other solid wastes for recycling or reuse, such as par>ers, metals and glass, that are identified as recyclable material in accordance with the City of Port Townsend Waste Reduction and Recycling Plan, the contract between the Cit.v and the solid waste contractor, and the provisions of this chapter. lkF-.l~J/~lllUl[5~ I1~ IIIi~FAI lit LIAX~ ~lltll./I.~/~ ~[/ll,'~l,'~l.~ VI llllJ.[~llOJ.~ Wlll~ll IItlVli~ [/5,1511 ~[;;I./lllIIL[A.I IXUlII "Rubbish" means all sweepings, cleanings, trash, litter, broken crockery., glassware, waste building materials, containers, ashes, cast-off clothing, metal, wire, and all other non- putrescible or other discarded material or debris. However, in the event a customer places recyclable material in a rubbish container, such materials shall be considered to be "rubbish." "Single family" or "single family residential" means a residential unit or structure, including duplex, triplex, four?lex, and homes with City-permitted accessory, dwelling units, designed for occupancy by four or fewer families living independently of each other. "Solid waste" or "wastes" means all putrescible and non-putrescible solid and semisolid wastes including, but not limited to: garbage; rubbish; refuse; ashes; swill; residential yard waste; and recyclable material. "Solid waste contractor" means the contractor or business entity retained by the city of Port Townsend by contract approved by written resolution of the city council to perform solid waste collection services within the City of Port Townsend. "Yard waste" or "Residential yard waste" means: lawn or grass clippings; leaves; weeds; clippings of woody as well as fleshy plants; tree, brush and shrub pruning debris; branches and limbs which are tied with string in bundles of not more than four feet in length, and not more than two feet in diameter, and weighing not more than forty pounds for each bundle. With the exception of Christmas trees, materials larger than four inches in diameter and four feet in length shall not be considered yard waste, and shall not be subject to collection under the terms of this chapter. Yard waste does not include: dirt; rocks; sod; and such items as pumpkins, apples and food compost. [11111111111[~ [/11.1.~11 5 Ord. B. Terms not defined herein shall have the meaning found in the following sources: (1) Chapter 70.95 RCW; (2) the Port Townsend Waste Reduction and Recycling Plan; and (3) the common dictionary.. (Ord. ~ § 2, 1997; Ord. 2221 § 1, 1990; Ord. 1138 § 1, 1942). 6.04.020 · ---~,-t;~: aad,,o~,...,'-'- '- Solid waste accumulation prohibited; Disposal of hazardous waste. A. It shall be unlawful for any person to allow aJly solid waste $,uu..~, u~ .,oma,, to collect or accumulate upon their premises, or the premises which they occupy, or of which they are the agent or manager, whether the same be residence, store, shop, manufacturing or industrial facility factory, place of business, yard or vacant lot, or upon any street, alley.. opened or uno_oened public right-of-way, or other public place upon which their premises abut. B. It shall be unlawful for any person to place hazardous waste with or in the same container as garbage, refuse,-or rubbish or recyclable materials to be picked up by the collector solid waste contractor c-ottccmr, or to dispose of any hazardous waste hl_~a.Y_lllallI~ contrary to federal or state laws or regulations. C. Penalty. Any person convicted of violating this section 6.04.020 shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 or by imprisonment of not more than 180 days, or by both such fine and imprisonment. D. Public nuisance. All violations of this section are determined to be detrimental to the public health, safety and welfare and are public nuisances, subject to all lawful remedies, including but not limited to abatement and injunctive relief. (Ord. ~ § 2, 1997; Ord. 2221 § 2, 1990; Ord. 1138 § 2, 1942). 6.04.030 Containers; Placement at curbside; Sanitary_ condition; Penalty. A. All garbage, refuse and rubbish shall be kept in metal or heavy duty synthetic material containers that have sealable close-fitting lids or covers which will entirely prevent floga2lir.~ rats, mice or flies from reaching the contents thereof, and will prevent odors and gasses from escaping therefrom. The em%etor solid waste contractor shall be authorized to epl deq ' - .....~ -" ....... '-'-- require r acement of ina uate or unsafe containers. ~"-·,,~- containers The containers shall be of sufficient size and number to contain all garbage, refuse and rubbish that collects between the dates for the removal of the same. · ,~,,~,~ ~,,~y ,~l. o~ ,.,.,.w.,~,,~ ,,.,~ ~,,~ ,.,.,,l~.~v,. Rubbish shall be reduced to compact form and placed in approved containers such as will prevent the contents thereof from being scattered by the action of winds or by overturning of the container. Ashes shall be kept in a 6 Ord. sound, substantial container or containers such as will prevent the contents thereof from being scattered by the action of winds or by the overturning of the container. Recyclables materials for curbside collection shall be set out in approved recycling containers provided by the solid waste collection contractor. B. The containers shall be placed at the curbside as defined in this chapter 6.04 PTMC. Curbside placement of solid waste cans and bags, yard waste, and recycling containers shall not block sidewalks, driveways or on-street parking. C. All solid waste containers are to be kept clean and free of odors by the customer or other person having charge of same. D. Penalty. The failure of any person to comply with the requirements of this section shall constitute a civil infraction. Each separate day of violation shall constitute a separate infraction. The penalty for the first infraction shall be a civil fine not to exceed $50.00. The penalty for a second or subsequent violation shall be a civil fine not to exceed $100.00. Notices of infractions shall be given and prosecuted in accordance with the procedures set forth in PTMC 8.04.410, 8.04.420, 8.04.430 and 8.04.440. (Ord. ~ § 2, 1997; Ord. 2221 § 3, 1990; Ord. 1 I38 § 3, 1942). 6.04.040 " ....... · = ~:,.,,,. -, ~u,.~:~ Mandatory_ customer_narticination-_ A. Except as provided in subsection B herein, it is unlawful for anyone except the solid waste contractor c'ottecmr designated by the city to collect, remove, or transport rubbish, refuse, recyclables, yard waste, garbage, ~ or any other offensive or obnoxious substances or to operate any vehicle for such purpose through the streets, highways or other ways within the city ---: be ...... '- .... -' and -'--" ' ..... '-'-' ~-- ycai .... ' ........ '---' '--- "-- -:'--'---'"- -~'~---- ~c following activities sh~l bc exempt from the prohibition stated in s~fion 6.04.040 A PTMC; provide, however, that suc,h any ~rson or persons hauling solid waste in accord~ with this subsection sh~l remain subj~t to m~dato~ minimum g~bage ~d rubbish collation set fo~h in this chauter. 6.04 ~MCu.u~.u~ur n~ ~=~ ~id u.u~.utu ~ "~ "~" ~d the rates ~ning thereto as set fo~h in ~MC 6.04.060: 1. Commercial and residential customers may haul their own recyclable material to the recycling center of their choice; 7 Ord. 2. Commercial and residential customers may themselves haul their own garbage, refuse and rubbish to a licensed disposal facility; 3. The City., any other municipal co~oration, and any private party, or contractor may contract with any contractor other than the solid waste contractor, for the following services, or themselves haul the following listed solid wastes: (a) removal of debris resulting from the demolition of any buildings, docks, wharves or other built structures; (b) removal of derelict, junk or abandoned automobiles, motor vehicles and marine vessels, including demolition debris from demolished automobiles, motor vehicles and marine vessels; (c) removal of organic debris and vegetation resulting from the clearing and/or grading of sites associated with any construction activity; (d) removal of trees, limbs, branches and vegetation undertaken by the City or any other municipality in their parks and right-of-way maintenance or property development and construction activities; or (e) removal of scraps and debris resulting from building and construction projects, hauled to a licensed disposal facility by the owner or building contractor. C. Penalty. The failure of any person to comply with the requirements of this section shall constitute a civil infraction. Each separate day of violation shall constitute a separate infraction. The penalty for the first infraction shall be a civil fine not to exceed $50.00. The penalty for a second or subsequent violation shall be a civil fine not to exceed $100.00. Notices of infractions shall be given and prosecuted in accordance with the procedures set forth in PTMC 8.04.410, 8.04.420, 8.04.430 and 8.04.440, (Ord. ~ § 2, 1997; Ord. 2221 § 4, 1990; Ord. 1737 § 1, 1975; Ord. 1138 § 4, 1942). 6.04.050 Collection days schedule. garb --'- ......'-'~ :-'- '--- ~- .... To assure collection., the customer shall .olace "'~....-~- age, a~,,~ v~ ,uou,,, ,a~ o~, ~ fll solid waste con~ners at the curbside as provid~ in this chapter,~ ~,~,,,,~ ~, m,,~, ~,~,,,~,,~ ~,~ before 7:30 a.m. of the regul~ collation day, or when duly nofifi~ by the public works dir~tor or the solid waste contractor proper aa;horifies. (Ord. ~ $ 2, 1997; Ord. 2221 ~ 11, 1990; Ord. 1737 $ 2, 1975; Ord. 1138 $ 5, 1942). S Ord. 252o 6.04.060 Rates for collection. A. The rates to be charged for solid waste gta-bage and i-abblsh collection service shall be as follows: 1. Single-family residential rates: Pickups: Ratel First container [Customers eligible pursuant to Ch. 6.06 First container [Customers eligible pursuant to Ch. 6.06 Second container Third container Fourth container Additional containers (ea.) Packout fee Extra garbage Every other week* Every. other week* Once per week Once per week** Once per week Once per week Once per week Once per week Fee per 100 ft., or portion ' ~ I, ,,.~ -...~ Per pickup (ea.) 8.00 per month $5.35 per month] "~.~,~,·~' 14.00 per month $9.40 per month] I I.,,,'"' 14.00 per month · o.,. 14.00 per month 15.84 per month 19.26 per month 4.00 per month 4.14 per-mon~ *if participating in curbside recycling. **Discounts do not apply for containers in excess of one per week. 2. Commercial and multi-family residential rates: Containers: Pickups: Rate: First container* Second container Third container Fourth container Additional containers (ea.) Packout fee Extra garbage 1-yard dumpster 1-1/2-yard dumpster 2-yard dumpster Dumpster rental Once per week Once per week Once per week Once per week Once per week Fee per 100 ft. or portion Per pickup (ea.) Once per week Once per week Once per week Per month *Mandatory. minimum service $-Fi:-9--7 12.67 per month ,,.' A ·,,' · 15.00 per month · u.oo 17.34 per month · o.v~, 18.76 per month ~.~.o., 24.66 per month · .o., 4.00 per month 5.99 ""' 82.64pe , ·.o · r month t-t4z76 121.51 per month · ,,,,.~,., 170.36 per month 11.97 Commercial Drop Box*: Rate Per Pickup + dump fee 10 yards 36.71 9 Ord. 20_y. ar~ 92.16 30 yards 153.70 40 yards 225.27 50 yards 309.57 Commercial Compactor**: Rate Per Pickup + dump fee Stationary.: 30-40 yards 179.73 Self-contained: ~ 177.69 30-40 yards 219.73 Turnaround method: 30-40 yards *Dump fees are charged in addition to pickup fees. **All compactors are to be owned by the customer and must be compatible with the licensed haulcr's collection ex!uipment. Dump fees are charged in addition to pickup fees. B. In cases where collection is required of a type or manner not provided by the foregoing schedule, a charge based upon rates approved for the ~ solid waste contractor by the city council shall be applied. Different rates may be established by city council on a case-by-case basis for compacted garbage placed into a dumpster. 1997; Ord. 2373 ~ 1, 1993; Ord. 2355 ~ 1, 1993; Ord. 2308 ~ 1, 1992; Ord. 2221 ~ 5, 1990; Ord. 2165 ~ 1, 1989; Ord. 2108 ~ 1, 1988; Ord. 2044 ~ 1, 1986; Ord. 1875 ~ 1, 1980; Ord. 1737 ~ 3, 1975; Ord. 1656 ~ 1, 1973; Ord. 1425 ~ 1, 1962; Ord. 1347 ~ 1, 1958; Ord. 1138 ~ 6, 1942). 10 Ord. 6.04.070 Number of containers; Frequency of collection pickup; council. A. ~lilJ_.~.gg~shall be collected from all teammM ten~mble or inhabited buildings of every kind, nature and description in the city at least once each week unless qualified for every other week service. ,--and-Where sanitary conditions or convenience of customers of-the ~ requires more frequent collections, the ~ solid waste contractor shall arrange the regular days for collecting of ga~-bage ~lad i-abbis,h solid waste during each week. All places of business shall have their garbage, refuse and rubbish removed as often as desired, not to exceed once each day, and except for the charge for minimum service, the amount to be paid therefor shall be in accordance with the number of times the commercial customer is served per week. B. In case of any difference dispute between the eottee~ solid waste contractor and the customer as to the number of g/d-bage and/or,---'-'-'-'-uom~, solid waste containers which should be provided and for which the customer should pay, the amount of charge fixed by the c-xrlteetor solid waste contractor shall be final, subject to the right of the customer to appeal in writing to the city council and to have a hearing and determination of any and all disputes or disagreements. The collector solid waste contractor is obligated to advise the customer in writing of his/her right of appeal to the city council. Such appeal shall be filed with the city clerk within 30 days of the date of the dispute or disagreement and shall set forth the relevant facts and reasons for appeal. The city council shall make its decision within 60 days of such filing. Any further appeal or request for review of the council's decision by a court with jurisdiction shall be filed and served upon the city within 30 days of the council's decision. C. Nothing in this chapter_ 6.04 PTMC ,~.,,-,.,,-,~," "~ ~'~" "[,,.,~, ....... ..~..' ~ ~,~ sh~l give ~y customer - ~ '~ ...........' ........... dgh ~ [., ~.~[~ ~. [.~ ~,y the t to dem~d ~y rebate or r~ucfion in rate b~ause a con~ner or containers ~e not fill~ or us~ during ~y p~cul~ w~k, it being the intent of this chapter that tach solid waste collection customer ~ sh~l be ch~g~ on a monthly basis for m~dato~ minimum se~ice within their customer class ~d according to the number of con~ners collate. ~. Customers ~id sh~l pay ~ addifion~ ch~ge to be fix~ by the city for m g~bage or ,~bbish such additional solid waste collation semite as the customer r~uests or as may be necess~ for he~th and sanitation rmsons, as determin~ by the solid waste contractor or the public works dir~tor. (Ord. . $ 2, 1997; Ord. 2221 6, 1990; Ord. 1737 $ 4, 1975; Ord. 1347 $ 2, 1958; Ord. 1138 $ 7~ 1942). 11 Ord. 6.04.080 Commercial and industrial solid waste collection. A. For the purpose of this chapter 6.04 PTMC, multi-family dwellings as defined herein, as well as mixed use buildings will be considered commercial customers, subject to commercial service standards and rates. Owners or managers of all multi-family units shall provide the tenants or occupants thereof with adequate facilities and containers for the disposal of all solid waste. B. If a single commercial building or complex is occupied by more than one l~tlsiness, the customer(s) receiving the solid waste service may elect to receive and be charged for a single container service to serve the entire building or complex; so long as an unsanitary. condition is not created as a result of the single container service. To qualif.v for this election; one party or customer must agree to be solely responsible for the entire solid waste account as relates to the building or complex. Written notice must be given to the City, signed and dated by such customer, and shall state the following: (1) the name and address of the commercial building or complex; (2) all customers or parties which have elected to receive single container service; (3) the name and address of the customer agreeing to be responsible for the account; and (4) a statement that such customer agrees to be solely responsible for the entire solid waste account as relates to the building or complex. (Ord. ~ § 2, 1997). 6.04.090 Yard waste collection. A. The solid waste contractor shall collect yard waste from all residential customers, so long as the yard waSte meets the definition and standards provided in section 6.04.010 PTMC. Yard waste shall be collected from April 1 of each year, and ending October 31 of each year, during the alternating weeks when the solid waste contractor does not collect recyclable materials. Additionally, customers may deposit residential yard waste, including Christmas trees, for collection one time on the date designated l~y the solid waste contractor between the sixth (6th) and twelfth (12th) days of January. of each year. B. Limbs and branches will not be collected unless they meet the following requirements: (1) they must not exceed four inches in diameter (except for Christmas trees); and (2) limbs and branches must be tied in bundles of not more than four feet in length; and (3) the bundles must not be more than two feet in diameter; and (4) the bundles of limbs and branches shall weigh not more than 40 pounds each. Customers shall deposit residential yard waste for pickup as follows: in a three (3) mil plastic or paper bag or in a container of not more than 34 gallon capacity, painted "YARD WASTE" on at least two locations and on the container lid, in letters not less three (3) inches in height. On each scheduled pick-up day, the solid waste contractor shall be responsible for collecting a maximum of three units of yard waste (i.e. three bundles, three bags or three cans; or any combination thereof, not to exceed three units) from each residential customer. (Ord. ~ § 2, 1997). 12 Ord. ~,~ 6.04.100 Maximum container size. A. Each and every customer shall provide a garbage and/or rubbish/refuse container as provided in this chapter; but in no event shall said container exceed 5034 gallons in capacity or 65 pounds in weight, and it shall be in good condition to provide adequate. sanitary, and secure storage mae for the garbage, refuse and rubbish. B. Penalty. The failure of any person to use type and size of containers as required by this chapter for garbage, refuse and/or rubbish pickup shall be a civil infraction. Each separate day of violation shall constitute a separate infraction. The penalty for the first infraction shall be a civil fine not to exceed $50.00. The penalty for a second or subsequent violation shall be a civil fine not to exceed $100.00. Notices of infractions shall be given and prosecuted in accordance with the procedures Set forth in PTMC 8.04.410, 8.04.420, 8.04.430 and 8.04.440. (Ord. ~ § 2, 1997; Ord. 2221 § 8, 1990; Ord. 1271 § 1, 1951; Ord. 1138 § 13, 1942). 6.04.110 Dellnqaent charges - Lien Property owner liable for accounts; Lien against the property. ~ ................... pi-einlses .... :' .... ~ .....' .............................. ~ ...... UU~blI~UUil UI ~llG ~ Wiilbii giiG }51V1~5 -~-i~ IGiiUGl$, OUbii llGli ~il~l UG 1115 WI[Il 1~ 1~1 ~.~ ~~ within ;lie time ~id retainer · u~,,~ .~,,~ for ......... ina;ei-iM, pi-ioi- to ~iy ~d ~ liUli ~ll~i U[il~i ll~ii~ A. In all cases of solid waste service to residential or commercial/industrial rental property., the property owner shall be liable for the payment of the solid waste service account, and the property owner shall be listed as the customer to whom service is provided, except that accounts may be billed to the tenant if the landlord so requests in writing. In such cases, the landlord remains responsible in the event of nonpayment by the tenant. B. All solid waste service rates shall be charged against the premises for which the service is provided. All charges which become delinquent and unpaid shall be a lien against the premises for which the service is provided. This lien may be enforce.~l by all means available at law or equity. In addition, the city finance director is authorized to collect rates owed on delinquent accounts by using all legal means available for the collection of a debt, 13 Ord. including but not limited to the use of a collection agency, or by filing a collection action in small claims court or superior court. C. The city finance director is authorized to promulgate further rules and policies for the implementation of this section 6.04.110. (Ord. § 2, 1997; Ord. 1334 § 1, 1957). 6.04.130 Occasional extra garbage - Tag system. A. Any gaxllag.e~rfdl~ and rubbish collection customer may, in place of paying the charge for additional containers set forth in PTMC 6,04.060, purchase garbage/refuse or rubbish collection tags from the city clerk for use for occasional extra garbage, refuse or rubbish as set forth in this section. B. The city clerk shall have available for sale books of garbage/refuse/rubbish collection tags. Each book shall contain 10 tags and the cost therefor shall be at the rate of *'~.-',, w' ~, ,', *'~-'.'~' $35.00 per ook. C. When a customer desires to have additional garbage, refuse or rubbish collected on its normal collection date, the customer may affix a tag to the additional garbage, refuse or rubbish. One tag shall be used for each one-can (50 34-gallon) equivalent of garbage, refuse or rubbish in bulk and weight, or less. D. Upon pidmp collection of the additional garbage, refuse or rubbish, the ~ solid waste contractor shall retain the tag, deposit it with the city clerk, and shall be paid or credited for the used tags so deposited. E. Unused tag books, or parts thereof, may be redeemed by customers to the city clerk for the same price as charged by the city when issued, at the rate of purchase per tag. F. Customers having additional garbage, refuse or rubbish for pickup who do not use tags shall be charged for such additional garbage, refuse or rubbish in accordance with the schedule of charges set forth in PTMC 6.04.060. (Ord. § 2, 1997; Ord. 2308 § 2, 1992; Ord. 2221 § 10, 1990; Ord. 2051 § 1, 1986). SECTION 3. Title 6, Health and Sanitation, of the Port Townsend Municipal Code is hereby amended to add a new Chapter 6.06, "Low-Income, Low-Income Disabled and Low-Income Senior Citizen Solid Waste Collection Rate Reduction Program," which Chapter is hereby adopted and shall read as follows: 14 Ord. ~& Z O Chapter 6.06 LOW-INCOME, LOW-INCOME DISABLED AND LOW-INCOME SENIOR CITIZEN SOLID WASTE COLLECTION RATE REDUCTION PROGRAM Sections: 6.06.010 6.06.020 6.06.030 6.06.040 6.06.050 6.06.060 6.06.070 Program established - Purpose - Def'mitions - Administrative authority. Solid waste rate reduction - Eligibility - Requirements. Solid waste rate reduction - Eligibility - Time limit. Solid waste rate reduction - Amounts designated. Solid waste rate reduction - Manner of issuance. Solid waste rate reduction - Apportionment - Authority. Unlawful acts designated - Penalty. 6.06.010 Program established - Purpose - Definitions - Administrative authority. A program for discounted rates for solid waste collection and disposal services provided by the city for certain recipients of Supplemental Security Income (hereinafter SSI), Social Security Disability Income (hereinafter SSDI), pursuant to 42 United States Code, as now adopted or hereafter amended, and certain other disabled and low-income persons as hereinafter defined, is established in order to provide necessary support for the poor and disabled. A. Definitions. In administering this chapter, all definitions of terms set forth in Chapter 6.04 PTMC shall apply. Other terms are defined as follows: "Low-income" means a person who has a total current annualized household income from all sources of 100 percent or less of poverty level based upon total household size, using poverty level calculations established by the state of Washington for Jefferson County or by the federal government if state calculations are not available. "Low-income disabled" means a person who: 1. Receives Supplemental Security Income pursuant to 42 USC Sections 1381 - 1383, as now adopted of hereafter amended; or 2. Receives Supplemental Security Disability Income pursuant to federal law, as now adopted or hereafter amended, and is able to establish that current annualized income from all sources will not exceed $18,000; or 3. Is eligible for and in fact receives a federal, state or private disability pension, and who is able to establish that current annualized household income from all sources does not exceed the sum of $18,000 per year. 15 Ord. "Low-income senior citizen" means a person 62 years of age and over, whose total income, including that of his or her spouse or co-tenant, does not exceed the sum of $18,000 per year. B. Administrative Authority. The city finance director is authorized and directed to administer the program and in such connection may promulgate forms and administrative regulations from time to time, to carry out the intent and purpose of this chapter. (Ord. ~ 3, 1997). 6.06.020 Solid waste rate reduction - Eligibility - Requirements. A. To implement the program provided for in this chapter, solid waste rate reduction shall be issued to each person who shows satisfactory proof that he or she: 1. Meets the requirements of low-income, low-income disabled or low-income senior citizen as defined in Section 6.06.010 PTMC; and 2. Is a single occupant or the head of a household or the spouse of the head of the household; and 3. Resides in a dwelling unit served directly by the city's solid waste collection service; and 4. Is billed or is the spouse of a person billed by the city for solid waste collection service; and 5. The applicant shall provide the city finance director with a current statement of eligibility for SSI, SSDI or such disability pension or proof of blindness and such statement shall not be more than three months old. B. Applicants, under oath or penalty of perjury, shall verify such information and provide such other data as are deemed appropriate, upon forms and in the manner determined by the city finance director. (Ord. ~ § 3, 1997). 6.06.030 Solid waste rate reduction - Eligibility - Time limit. Eligibility for solid waste rate reduction provided for by this chapter shall be for a period of one year, or so long as the applicant continues to be eligible for a solid waste rate reduction under the terms of PTMC 6.06.020, whichever period is shorter. Applications shall be made annually to renew eligibility for solid waste rate reduction and the eligibility for reduced rates shall expire on March 31 st of each year. Where the recipient of a solid waste rate reduction either receives income which will no longer allow the recipient to be eligible for the program, or is no longer disabled or otherwise eligible for the solid waste rate reduction, such person shall immediately notify the finance director of such change in status to allow eligibility for the program to be discontinued. Where discounted rates have been received after a person has 16 Ord. ~ ~ gO become ineligible, a repayment of the difference between the reduced rate and the full rate owing shall be made or shall be added to the current solid waste billing for such person. (Ord. ~ § 3, 1997). 6.06.040 Solid waste rate reduction - Amounts designated. Persons qualified by the city finance director as eligible recipients of reduced solid waste rates provided for in this chapter shall be billed in the amount set forth in chapter 6.04 PTMC. (Ord. ~ § 3, 1997). 6.06.050 Solid waste rate reduction - Manner of issuance. A. Eligible persons receiving reduced solid waste rates shall be billed for solid waste services as provided for in this chapter, or in equivalent amounts should the billing period be other than monthly; provided, however, that no eligible person shall receive or accept reduced solid waste rates for more than one solid waste bill for the same billing period. B. Rates shall be reduced as follows: 1. For eligible persons who receive a solid waste bill directly, the proper reduced rates shall be made on the bill as a reduction to the amount which would otherwise be payable; or 2. For eligible persons who do not receive a solid waste bill directly but who pay such solid waste charges indirectly as part of their rental payment, the proper rate or credit shall be made in the manner determined by the city finance director upon satisfactory proof in writing that such solid waste charges in fact are paid by the qualified person indirectly as part of their rental payment. (Ord. ~ § 3, 1997). 6.06.060 Solid waste rate reduction - Apportionment - Authority. The city finance director is authorized to apportion the total amount of reduced solid waste rates to bills as provided for in this chapter. (Ord. ~ § 3, 1997). 6.06.070 A. Unlawful acts designated - Penalty. The following acts are unlawful: 1. To accept or receive reduced solid waste rates provided for by this chapter when or during such time that the person accepting or receiving the same is not eligible; and/or 2. To make any false or untrue statement on any application, form or document filed to qualify for reduced solid waste rates, or to continue receiving reduced solid waste rates under this chapter. B. Penalty. Any such violation shall be a misdemeanor, and punishable by a fine not to exceed $1,000, or by up to 90 days in jail, or by both such fine and imprisonment. In addition, the city shall be entitled to recover the amount represented by any reduced solid waste rates which was accepted, received or allowed to any person not then eligible to receive the same, and the city finance director is authorized to add the amounts entitled by the city to be recovered to subsequent solid waste bills of the person responsible for the same. (Ord. ~ § 3, 1997). SECTION 4. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 15th day of December, 1997. Attest: Pam Kolacy, City Clerk~~ 12/9/97 th as to Foden: /! iL. ~cl~ahad, City Attorney ~.~i\{Ch6-04.doc} 18 Ord.