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HomeMy WebLinkAbout2562 Ordinance2562 ORDINANCE NO. AN ORDINANCE Concerning Solid Waste Disposal and Amending Chapter 6.04 of the Pasco Municipal Code. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Section 6.04.040 of the Pasco Municipal Code is hereby amended to read as follows: ' 6.04.040 INDEMNIFICATION AND INSURANCE. In the event the city elects to contract for the services defined in this chapter, the contractor shall agree to indemnify the city against any and all claims for loss, liability, death or damage, arising out of or in connection with the solid waste service and in connection with or arising out of the acts from negligent omissions of the contractors officers, agents or employees, however caused. The contractor shall appear and defend any action or suit instituted against the city arising in any manner out of the acts or omissions defined above. The contractor shall procure and maintain, at his own expense during the life of this contract, liability insurance to include completed operations and contractual coverages, as hereinafter specified: Sentraeters—gemeral-publie-liability-and-preperty—damege insuranee7-4neluding--vehie3e--eeverage7--te-previ4e-bas4e limits--ef--$1997000:097--in/ury—te--any--eme-persen—and $97000700--fer—any-eeeurraneet-and-$1607899:997--preperty damage-fer-eaeh-eeeurraneet--and--exeess--ef-078667066:66 singie--iimit—fer--any--ene-eeeurranee-eembined—persenai inlury-andyier-preperty-damage: Coverage limits shall be as specified in the contract document between the city and the contractor. The city is to be named as an additional insured under the contractors policy and the contractors insurance policy is to be primary insurance coverage. All such insurance shall be subject to the approval of the city for adequacy of protection, and shall include a provision preventing cancellation or alteration within ten (10) days prior notice to the city in writing. Section Two. There is hereby added to Chapter 6.04 Pasco Municipal Code a new section 6.04.095 which shall read as follows: 6.04.095 CONTRACTOR PROVIDED CONTAINERS - AUTOMATED COLLECTION SERVICE. In the event a collection contract between the city and its collector makes provision for residential automated collection service and requires the contractor to provide a specified container or containers to customers to facilitate the automated collection service such contractor furnished containers shall be considered to have met the can/container requirements of Section 6.04.090 and .100 of this chapter'and shall be kept in lieu of other sufficient and satisfactory cans or containers for the deposit therein of all such solid waste the container has the capacity to accept. Section Three. Section 6.04.140 of the Pasco Municipal Code is hereby amended to 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 but shall not exceed five feet in the longest dimension and two feet in girth and not exceeding 80 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. Section Four. Sections 6.08.180 of the Pasco Municipal Code is hereby amended to read as follows: 6.04.180 POINTS OF COLLECTION. Points of collection In industrial and commercial areas shall be the service entrances of such establishments which are located on alleys or service roads; however, the city or solid waste collector, if any, may enter into special agreement for collecting solid waste at other points. Residential area solid waste shall be placed at the street curb or in an alley for pickup as designated by the city or solid waste collector, if any. Contractor furnished containers to facilitate residential automated service will be placed as follows: (a) street pickup: at edge of street curb or, in case of noncurb street, at edge of roadway shoulder; (b) alley pickup: at edge of alley. An additional charge over and above the regular charge may be made if the can or container is kept adjacent to or within a building, in a basement, upstairs, or is inaccessible by reason of locked doors or if it is necessary to call or knock for the owner or occupant of the premises to gain admittance. Said additional charge shall be based upon the extra time consumed. Section Five. Section 6.04.300 of the Pasco Municipal Code is hereby amended to 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 below in the collection contract between the contractor and the city and include the charges to delinquent accounts as provided in Section 6.04.310. (The schedule of rates set forth in this section prior to the effective date of this amendment is hereby repealed in its entirety). Section Six. Section 6.04.330 of the Pasco Municipal Code which now reads as follows: 6.04.330 PENALTIES. Where not specifically designated in this chapter any person convicted of a violation of any provisions of this chapter shall be punished by a fine of not more than $300.00 or by imprisonment of not more than 90 days or by both such fine and imprisonment. For any violation of this chapter of a continuing nature, each days violation shall be considered a separate offense and shall subject the offender to the above penalties for each such offense. is now hereby amended to read as follows: Eve yn APPR Greg Wile, C ty Clerk 6.04.330 PENALTY PROVISIONS. 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 amount listed, plus court costs and statutory assessments: 1. First violation within six month period $ 50.00 2. Second violation within six month period $ 75.00 3. Third violation within six month period... $150.00 4. Violations in excess of third within six month period $250.00 Each day that a violation continues shall be deemed a separate violation subject to the specified civil penalty as set forth above. Court costs of ten dollars ($10.00) shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed. Section Seven. All other sections of chapter 6.04 not spocafically amended by the above sections shall remain the same and in full force and effect. Section Eight. This ordinance shall take effect five (5) days after passage and publication. PASSED this /5 — day of July, 1985. ATTF ORDINANCE -NO 2562 AN ORDINANCE Con- cerning Solid Waste -Dispo= sal and Amending Chapter 6 04 of the Pasco Municipal Code THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO OR- DAIN AS FOLLOWS Section One Section 6 04 040 of the Pasco Mu- nicipal Code is hereby amended to read as fol- lows 6 04 040 INDEMNIFICA- TION AND INSURANCE In the event the city elects to contract for the services de fined in this chapter the contractor shall agree to in- demnify the city against any and all claims for loss liability death or damage arising out of or in connec- tion with the solid waste service and in connection with or arising out of the acts from negligent omis- sions of the contractors offi- cers agents or employees however caused The con- tractor shall appear and de- fend any action or suit instituted against the city arising in any manner out of the acts or omissions de- fined above The contractor shall procure and maintain at his own expense during the life of this contract lia- bility insurance to include completed operations and contractual coverages, as hereinafter specified Covered limits shall be as specified in the con- tract document between the city and the contrac- tor The city is to be named as an additional insured under the contractors pol- icy and the contractors in- surance policy is to be primary insurance cover- age All such insurance shall be subject to the approval of the city for adequacy of protection and shall in- clude a provision prevent- i n g cancellation or alteration within ten (10) days prior notice to the city in writing Section Two There Is hereby added to Chapter 6 04 Pasco Municipal Code a new section 6 04 095 which shall read as follows 6 04 095 CONTRACTOR PROVIDED CONTAINERS - AUTOMATED COLLEC TION SERVICE In the , event a collection contract , between the city and its col- lector makes provision for residential automated col lection service and requires the contractor to provide a specified container or con- tainers to customers to fa- cilitate the automated collection service such con- ' tractor furnished containers shall be considered to have met the can/container re- quirements of Section 6 04 090 and 100 of this chapter and shall be kept in lieu of other sufficient and satisfactory cans or con- tainers for the deposit therein of all such solid waste the container has the capacity to accept Section Three Section 6 04 140 of the Pasco Mu- nicipal Code is hereby amended to read as fol- lows 6 04 140 BUNDLING OF SOLID WASTE AND BRUSH BROM RESI- DENCES 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 but shall not exceed five feet in the longest dimension and two feet in girth and not ex- ceeding 80- pounds Pro- vided, however, where a residence or other estab- lishment has been fur- nished with a container to facilitate automated eery- ice all such materials shall be placed In the au- tomated container unless the capacity of the con- tainer is insufficient to ac- cept the material Section Four Sections 6 08 180 of the Pasco Mu nicipal Code 'is hereby amended to read as fol lows 6 04 \180 POINTS OF COLLECTION Points of collection in industrial and commercial areas shall be the service entrances of such establishments which are located on alleys or service roads however, the city or solid waste collector if any may enter into ape cial agreement for collect- ing solid waste at other points Residential area solid waste shall be placed at the street curb or in an / alley for pickup as desig- nated by the city or solid wrist& collector, if any Con- trtsctor furnished con- t.alners to facilitate t /residential automated / service will be placed as I follows (a) street pickup at edge of street curb or, in I case of noncurb street, at edge of roadway shout-lj der, (b) alley pickup at edge of alley An additional charge over and above the regular charge may be made if the can or container is kept ad jacent to or within a build ing in a basement upstairs, or is inaccessible by reason of locked doors or if it is necessary to call or , knock for the owner or oc cupant of the premises to gain admittance Said addi tional charge shall be based upon the extra time consumed AFFIDAVIT OF PUBLICATION COUNTY OF Ti ew, )ss STATE OF WASHINGTON T.,171 1 tZ 14A being first duly sworn on oath deposes and says ch is therrr.'"). nC •t Ile1 erkof the Tn-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication here inafter referred to, published in the English language continually as a daily newspaper in Ben-ton County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a leaal ad "Ord. 2562" as it was printed in the regular and entire issue of theari-City Herald itself and not in a supplement thereof, for a period of Oiltq I Times, commencing 'I on the CltH day of trui y , 19 8 5 , and 1Q th , 19 85 , and that said ending on the day of ."5111 y newspaper was regularly distributed to its subscribers during all of this period That the Total amount is $ 20 2 ..1 3 27-1- inches 0, $7.35 = t:20 2.1 3 Subscribed and sworn to before me this 9th day of July 19 85 Section Five section 6 04 300 of No ry Public in and for the State of Washington, residing at Pasco the Pasco Mu- nicipal Code is hereby ameded to read as follows 6 04 300 SCHEDULE OF SERVICE CHARGES (a), The person responsible for water for sewer service to al place receiving solid waste disposal service is respon- sible for all charges and costs resulting from such services The tenant in pos-I session is also responsbile' for all charges and costs re- sulting from such services if the bill Is sent to that per- son In the event no water and sewer service is pro- vided a location receiving solid waste disposal serv- ice the tenant in posses sion if billed and the person making application, for the service are responsi- ble for all charges and costs resulting from such services In all events the property and the property owner are responsible fon 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 collec- tion contract between the contractor and the city and include the charges to delinquent accounts as pro- vided in Section 6 04 310 (The schedule of rates se forth in this section prior to the effective date of this amendment is hereby re- pealed in its entirety) Section Six Section 6 04 330 of the Pasco Mu nicipal Code which now reads as follows 6 04 330 PENALTIES Where not specifically des- ignated in this chapter any person convicted of a viola- tion of any provisions of this chapter shall be punished by a fine of not more than $300 00 or by imprison- ment of not more than 90 1 days or by both such fine and imprisonment For any violation of this chapter of a continuing nature each days violation shall be con- sidered a separate offense and shall subject the of- fender to the above penal ties for each such offense is now hereby amended to read as follows 6 04 330 PENALTY PROVISIONS Any person found to be in violation of any provision of this chap ter shall be deemed to have committed a civil infraction and for each infraction shall be subject to a civil penalty in the amount listed plus court costs and statutory assessments 1 First violation within six month period $50 00 2 Second violation within six month period $75 00 3 Third violation within six month period $15000 4 Violations in excess of third within six month pe- riod $250 00 Each day that a violation continues shall be deemed a separate violation subject to the specified civil penalty as set forth above Court costs of ten dollars ($10 00) shall be assessed in addition to any other fine penalty cost or statutory assessment imposed Section Seven All othe r sections of chapter 6 04 no specifically amended by the above sections shall re main the same and in full force and effect Section Eight This ordi- nance shall take effect five (6) days after passage and publication PASSED this 15 day of July 1985 -s-Joe W Jackson Mayor ATTEST -s Evelyn Wells City Clerk APPROVED AS TO FORM -s-Gr eg A Rubstello City Attorney Legal No 19419 - July 19, 1985 FINAN(E DEPARTMENT 15091 515-3401 %ran 726-3401 P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 July 16, 1985 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn. Rochelle Dear Rochelle. Please publish the attached Ordinances on the following date: July 19, 1985 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew