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HomeMy WebLinkAbout3562 Ordinance ORDINANCE NO. 3562 AN ORDINANCE of the City of Pasco, Washington, Amending Title 6 of the Pasco Municipal Code, Entitled "Health and Sanitation." WHEREAS, significant changes have occurred since the enactment of Title 6 of the Pasco Municipal Code entitled "Health and Sanitation" as well as changes in individual sections which have resulted in inconsistencies, outdated provisions and redundancies, and WHEREAS, it is necessary to update this Title to eliminate such inconsistencies and clarify the uniform application of these provisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 6.04.030 entitled "Supervision by City" shall be and hereby is amended and shall read as follows: 6.04.030 SUPERVISION BY CITY. The City Manager is empowered and authorized to appoint a suitable and qualified person(s), subject to budget provisions, to supervise the collection, transportation and disposal of solid waste and garbage, for the supervision of the sanitary land fill operation, the arbitration of disputes between the contractor and the customer arising from missed pickups, size and/or condition of container, frequency of pickups and other complaints, and for the enforcement of the provisions of this chapter. The person appointed as herein provided shall have the authority and power to issue complaint citations for violations of the provisions of this chapter. All disputes with respect to the handling of complaints submitted to the person appointed herein not resolved by that person shall by submitted to the City Manager for final resolution. The Pursuant to Title 11 of this code, the City and/or the_Benton-Franklin health district may order the removal of any solid waste or rubbish at any time and from any locality where it is determined by said authorities that such removal is necessary for the protection and preservation of public health, sanitation and cleanliness. In all cases, the autho= ordering the removal shall notify the contractor that such removal is necessary. The contractor shall remove such solid waste and rubbish as ordered by the district; further, the contractor shall charge the City and the City in turn shall charge the occupant or the person who allows the deposit of solid waste or rubbish to accumulate the greater of a sum equal to three times the amount usually charged for such special service or the actual costs associated with such removal. If the premises is unoccupied, as an alternate, the City will then charge the owner of said premises as set forth above. (Ord. 1881 Sec. 1, 1977; Ord. 1562 Sec. 1, 1972; Ord. 1537 Sec. 3, 1972.) Section 2. That Section 6.04.050 entitled "Reporting" shall be and hereby is repealed in its entirety. 6.04.050 REPORTING. eelleetor he-shall Tepeft to the (n these e (b) Premises th4 etr-e newly oeetipied whieh previously were idneeeupied. of pieledps per- week &nd the number ef selid waste ea-ns or- eentainers per- piek-up. (Ord. 1537 See. 5, 1972.) Section 3. That Section 6.04.090 entitled "Can, Container - Required" shall be and hereby is amended and shall read as follows: 6.04.090 CAN, CONTAINER - REQUIRED. W Every person in possession, charge or control of any residence, multi-family residence, public food establishment, or commercial establishment where solid waste, garbage or swill is created or accumulated shall keep or cause to be kept sufficient and satisfactory cans or containers for the deposit therein of all such solid waste produced by such establishment. Cans or containers shall be of sufficient size to fuliy contain all solid waste garbage or swill deposited therein, without extending above the sides of the can or container. Such person shall deposit or cause to be deposited in such cans or containers all solid waste produced by such residence multi-family residence, public food establishment or commercial establishment. the same in the manner- provided by law: ef it fnay eleet to enfigr-ee the qs ef this seet4efi, the per-sens designated by the e" manager- ef the establish that , pubhe food. Ordinance Amending PMC Title 6 Paw 2 establish-ment ar eanimefeial establishment does net eemply -*44t this seeti the eettft shall, together- -Mth the fine ii�iipesed, if any, en4cer &n order- -of abateel of Y-emwed by the defendant vAth4n the time RwAt set by the eeuA, and not exeeed thiizty days; and abated by the e" at the eest of the defendant. guilty E)f a misElemeanef and upen een,�4etien thereof shall be punished by--et fine only of not more thmi five hundred del4ews. (Ord. 1968 Sec. 1, 1978; Ord. 1537 Sec. 6(c), 1972.) Section 4. That Section 6.04.100 entitled "Can, Container - Specifications" shall be and hereby is amended and shall read as follows: 6.04.100 CAN, CONTAINER - SPECIFICATIONS. W Solid waste cans and containers shall be strong, watertight, water impermeable, not easily corrodible, rodent proof and insect proof. Cans shall not be less than fifteen nor more than thirty-two gallons capacity. Cans shall have two handles at the sides thereof or other suitable handle. The City or solid waste collector, if any, with the approval of the Benton-Franklin Health District may make special arrangements with the owners or operators of public food establishments and commercial establishments to permit the use of containers of greater capacity than thirty-two gallons, which may be of nonstandard construction. All cans and containers shall meet all State Department of Ecology requirements amd stibseet4en (a) of this see�ien, the e" may preeeed by a suit in eqi:iRy in seet4an, the per-sens designated by the e" manager of the eity to enfefee the eit—af-i-ent and/or eefftpletin+ to the said alleged v4olatar-s ea=td Me the same in the (e) Whenever-, in any aetion bfeugh-t in the mttn4eipal eaui4, it is together- w4th the fine imposed, if any, en+er- ezn er-der- ef abatement ets paA e the judgment in the eetse, whieh order- shall direet eith abated or- Y-efn&ved by the defendant v4thin the time hmA set by the eetiA, and Ordinance Amending PMC Title b Nee 3 abated by �he e" at the east ef the defendan+. guilty ef Et inisdenteane-F and ttpen eem4etlen ther-eef shall be punished by--& fine only ef net mere thast five hundfed . (Ord. 1968 Sec. 1, 1978; Ord. 1881 Sec. 3, 1977; Ord. 1537 Sec. 6(e), 1972.) Section 5. That Section 6.04.110 entitled "Can, Container - Maintenance" shall be and hereby is amended and shall read as follows: 6.04.110 CAN, CONTAINER - MAINTENANCE. {a4 Cans and containers shall be kept in a sanitary condition inside and out. Lids shall be kept on cans and containers except while solid waste is being deposited or removed. Subsequent to any person depositing solid waste in or removing solid waste from a can or container, he shall replace the lid on the can or container. , tagethei: with the fh-te inipesed, if any, enter an order- of abatement as pEfft e (1) That any sueh -Aela-t4en of the prev4siens of this seetien shall (2) That the vialat4en ef the p 9f this seet4en may be abated by the e" fit- "Ifie eest, of the defendetnt. guilty ef Ei misdemeanef and ttpen eenvietion, thereof sha4l be punished by--a fine only ef not more than five hundr-ed della . (Ord. 1968 Sec. 3, 1978; Ord. 1537 Sec. 6(fl, 1972.) Section 6. That Section 6.04.120 entitled "Accumulation of Solid Waste" shall be and hereby is amended and shall read as follows: 6.04.120 ACCUMULATION OF SOLID WASTE. No person in possession charge or control of any residence, multi-family residence, public food_ establishment, or commercial establishment shall permit unconfined solid waste and seSety to accumulate on any such property or on abutting curbs, gutters, sidewalks or planting strips. (Ord. 1537 Sec. 6(g), 1972.) Ordinance Amending PMC Title 6 Pace 4 Section 7. That Section 6.04.130 entitled "Preparation of Garbage From Residences" shall be and hereby is amended and shall read as follows: 6.04.130 PREPARATION OF GARBAGE SOLID WASTE FROM RESIDENCES. All gauge solid waste created in any residence shall be drained and securely bagged in such a manner so as to nearly as possible prevent moisture from such garbage from coming in contact with the side or bottom of the can or container or to prevent such garbage from escaping from such can or container prior to collection. (Ord. 1537 Sec. 6(h), 1972.) Section 8. That Section 6.04.140 entitled "Bundling of Solid Waste and Brush from Residences" shall be and hereby is amended and shall read as follows: 6.04.140 BUNDLING OF SOLID WASTE AND BRUSH FROM RESIDENCES. Boxes, cartons, shrubs, trees (less than six inches in diameter), small tree limbs, strips of boards or lumber and other solid waste may be broken or cut and tied into bundles that shall not exceed five feet in the longest dimension and two feet in girth and not exceeding e*h sixty five (65) pounds. Provided, however, where a residence or other establishment has been furnished with a container to facilitate automated service all such materials shall be placed in the automated container unless the capacity of the container is insufficient to accept the material. Bundles of solid waste which do not fit into the automated container shall be placed a distance of three (3) feet from the automated container to allow for the collection of the automated container by contractor's collection equipment._(Ord. 2562 Sec. 3, 1985; Ord. 1537 Sec. 6(i), 1972.) Section 9. That Section 6.04.160 entitled "Weight Limitation" shall be and hereby is amended and shall read as follows: 6.04.160 WEIGHT LIMITATION. No bundle, can or other container to be set out for removal shall weigh more than eigh sixty-five (651 pounds when filled unless the City or solid waste collector, if any, authorizes a greater weight. (Ord. 1537 Sec. 6(k), 1972.) Section 10. That Section 6.04.240 entitled "Special Collection and Transportation" shall be and hereby is amended and shall read as follows: 6.04.240 SPECIAL COLLECTION AND TRANSPORTATION. The City may designate two special cleanup weeks, one of which shall be in the spring of the year and the other of which shall be in the fall of the year, during which time the City and the solid waste collector, if any, may eelleet accept solid waste at no additional cost to residences or establishments. (Ord. 1881 Sec. 3, 1977; Ord. 1537 Sec. 7(c), 1972.) Ordinance Amending PMC Title 5 Page 5 Section 11. That Section 6.04.260 entitled "Disposal Site - Generally" shall be and hereby is amended and shall read as follows: 6.04.260 DISPOSAL SITE TRANSFER STATION - GENERALLY. The City or a sanitafy M transfer station operator, if any, shall designate an appropriate site as the place where solid waste shall be dumped in accordance with this chapter. The City or the solid waste collector, if any, shall operate the site as a sanitafy fill. in accordance with approved sanitary standards. Selid was eellee�err, 49 selid waste ealleeter, if any, or not mere than solid wast'e- fesident, may be deposited at the disposal site w4hout eharge. Othe (Ord. 1537 Sec. 8(a), 1972.) Section 12. That Section 6.04.270 entitled "Disposal Site - Scavenging Prohibited" shall be and hereby is amended and shall read as follows: 6.04.270 TRANSFER STATION - SCAVENGING PROHIBITED. It is unlawful for any person to scavenge or salvage solid waste at any City or contractor-owned disposal s transfer station, except as herein provided. , v4th the epefat4en of the site and shall be eepprrewd by the Benton Ffanklift h....Rh a.,.+- et (Ord. 1537 Sec. 8(b), 1972.) Section 13. That Section 6.04.280 entitled "Disposal Site - Hours" shall be and hereby is amended and shall read as follows: 6.04.280 DISPOSAL SITE TRANSFER STATION - HOURS. The dispesal site transfer station shall remain open, at a minimum, from eight a.m. to five p.m. Monday through Saturdays except holidays. (Ord. 1537 Sec. 8(c), 1972.) Section 14. That Section 6.04.285 entitled "Solid Waste Deposit" shall be and hereby is repealed in its entirety. 6.04.285 SOLID WASTE DEPOSIT. The per-son r-espensible for- the behalf of the user, Fidi4hef, if the Y-e"irred deposit has pr-eN4eusly been Ordinance Amending PMC Title 6 Nee 6 apply.shall be the gr-e&�er- of ten dellar-9 or Vvv4ee the menthly ehafges for- the C�Te and ant4eipa-ted afnetint of serk4ee to be provided. Howevef, in the event the perse Ma sqel�-edulle as shawn in Seet4en 13.16.020 shall (Ord. 1792 Sec. 4, 1976; Ord. 1616 Sec. 3, 1973; Ord. 1537 Sec. 18, 1972.) Section 15. That Section 6.04.290 entitled "Solid Waste Fund" shall be and hereby is repealed in its entirety. 6.04.290 SOLID WASTE FUND. There is erreated an established all meneys ealleeted under- this ehap�er- sha4l be deposited and kept by t , r-eeited herein shall be (Ord. 1537 Sec. 9, 1972.) Section 16. That Section 6.04.300 entitled "Schedule of Service Charges" shall be and hereby is amended and shall read as follows: 6.04.300 SCHEDULE OF SERVICE CHARGES. (A) The person responsible for water or sewer service to a place receiving solid waste disposal service is responsible for all charges and costs resulting from such services. The tenant in possession is also responsible for all charges and costs resulting from such services if the bill is sent to that person. In the event no water and sewer service is provided a location receiving solid waste disposal service, the tenant in possession, if billed, and the person making application for the service are responsible for all charges and costs resulting from such services. In all events, the property and the property owner are responsible for all charges and costs and the same may become a lien upon the property in the manner provided by law. B) The charges for solid waste disposal services are as set forth in the collection contract between the contractor and the City and include the charges to delinquent accounts as previded h4 Seet4en 6.04. . (Ord. 2562 Sec. 5, 1985; Ord. 2015 Sec. 1, 1978; Ord. 1881 Sec. 5, 1977; Ord. 1562 Sec. 2, 1972; Ord. 1537 Sec. 10, 1972.) Section 17. That Section 6.04.330 entitled "Penalties" shall be and hereby is amended and shall read as follows: 6.04.330 PENALTIES. Any person found to be in violation of any provision of this chapter shall be deemed to have committed a civil infraction and for each infraction shall be subject to a civil penalty in the eamettnt 14st .d as set forth in 11.02.050(5), plus court costs and statutory assessments. B.T if E b fIt e ....... $160.90 Ordinance Amending PMC Title 6 Page 7 imposed.fine, penalty, east or- stattttary assessfnent (Ord. 2562 Sec. 6, 1985; (Ord. 1968 Sec. 4, 1978; Ord. 1537 Sec. 13, 1972.) Section 18. That a new Section 6.04.340 entitled "Enforcement" is hereby created and shall read as follows: 6.04.340 ENFORCEMENT. (A) Whenever any residence, multi-family residence, public food establishment or commercial establishment does not comply with the regulations as set forth in this chapter, the City may elect to enforce the provisions of this section by uniform citation and/or complaint filed in the Municipal Court; or it may take administrative enforcement action through the City's Code Enforcement Board, pursuant to Title 11 of this code. For purposes of issuing citations to alleged violators of the provisions of this section, the person(s) designated by the City Manager of the City to enforce the provisions of this section shall have the specific authority to issue said uniform citation and/or complaint to the said alleged violators and file the same in the Municipal Court in accordance with its procedures. B) Whenever, in any action brought in the Municipal Court, it is established that the residence, multi-family residence, public food establishment or commercial establishment does not comply with this section, the Court shall, together with the fine imposed, if any, enter an order of abatement as part of the judgment in the case, which order shall direct either: (1) That any such violation of the provisions of this section shall be abated or removed by the defendant within the time limit set by the Court, and not exceed thirty days: and (2) That the violation of the provisions of this section may be abated by the City at the cost of the defendant. C) Every person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the County Jail for a maximum term fixed by the Court of not more than ninety days, or a fine of not more than one thousand ($1,000) dollars or by both. Section 19. That Chapter 6.08 entitled "Milk" shall be and hereby is repealed in its entirety. Section 20. That Chapter 6.12 entitled "Meats" shall be and hereby is repealed in its entirety. Section 21. That Chapter 6.16 entitled "Unwholesome Food" shall be and hereby is repealed in its entirety. Section 22. That Chapter 6.20 entitled "Contagious Diseases" shall be and hereby is repealed in its entirety. Ordinance Amending PMC Title 6 Nee 8 s Section 23. That Section 6.24.010 entitled "Detrimental to Health - Abatement" shall be and hereby is amended and shall read as follows: 6.24.010 DETRIMENTAL TO HEALTH - ABATEMENT. It is unlawful for any person to have or permit upon any premises owned, occupied or controlled by them, any nuisances detrimental to health, or any accumulations of filth, garbage, decaying animals or vegetable matter or any animal or human excrement, and it shall be the duty of the health efft City Manager or his designee to cause any such person to be notified to abolish, abate and remove such nuisances, and in case such person shall fail, neglect or refuse to move the same within three days after receiving notice, such nuisance may be removed and abated and the person whose duty it was to remove and abate such nuisance, in addition to incurring penalties in this der code, shall become indebted to the City for the damages, costs and charges incurred by the city by reason of the existence and the removal of such nuisance. (Prior code Sec. 7-6.04.) Section 24. This Ordinance shall take full force and effect five days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 3" day of September, 2002. Michael L. Garrison, Mayor ATTEST: APP R S TO FORM: ebs er U. ack on, ity Clerk Leland B. Kerr, City Attorney Ordinance Amending PMC Title 6 Paee 9