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