HomeMy WebLinkAbout3031Ordinance No. 3031
(Amending or Repealing Ordinances)
CFN=738 — Midway Landfill Site/Solid Waste
Passed 2/18/1992
Solid Waste and Recycling
Amended by Ord. 3541;3832;3851
• r a
ORDINANCE NO. 3031
AN ORDINANCE of the City of Kent, Washington relating to
solid waste handling and regulation; ratifying and confirming
(CA the City's commitment to waste reduction, recycling and waste
stream control; regulating yard waste consistent with the
King County Solid Waste Management Plan; authorizing liens
under Chapter 35.21 RCW for failure to pay charges of solid
waste services; amending Kent City Code sections 7.08.010 and
96qI
7.08.040; adding new section 7.08.220 KCC; providing for
criminal and civil enforcement and abatement and providing
penalties for violations of Chapter 7.08 KCC; adding new
Osections 7.08.230 - 7.08.280; and repealing section 7.08.180.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
,�1 ✓ HEREBY ORDAIN AS FOLLOWS:
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Section 1. Recitals and Findings.
1.1 By Ordinance 2870 the City of Kent ("City")
reestablished its system of solid waste collection and disposal
("Solid Waste Utility"), and authorized contracts with private
collection companies for collection of solid waste and
recyclables and billing of consumers for such services.
1.2 Prior to and after Ordinance 2870, the City has
required mandatory solid waste services by prohibiting private
solid waste handling under Chapter 7.08 Kent City Code ("KCC").
1.3 The City was one of the first cities in the State
to provide for comprehensive, residential recycling services.
City residents have responded with enthusiasm to the program,
resulting in substantial participation and increasing volume of
recyclable materials.
1.4 As a participant in the King County Solid Waste
System, the City must prohibit yard waste from entering the
municipal solid waste stream or face increased fees for solid
waste disposal ("tip fees").
1.5 Increased tip fees in the County Cedar Hills
Landfill has been reflected in increased solid waste fees imposed
by collection companies beginning January 1, 1992. Additional
impact on solid waste rates will result from the implementation
of a yard waste program.
1.6 In order to minimize the rate impact on City
residents from persons failing to pay rates and charges for solid
waste recyclables or yard waste services, it is appropriate to
authorize liens against property for which solid waste or
recyclable material collection service is rendered.
1.7 This ordinance is in furtherance of the City's
constitutional and statutory authority to regulate and police in
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the interests of the public health, safety, morals and general
welfare.
Section 2. KCC 7.08.010 (as last amended by Ordinance
2870) is amended as follows:
7.08.010. DEFINITIONS. As used in this Chapter, the
following definitions apply:
A. "Collection Company" means the persons, firms
or corporations or combination thereof operating under a contract
((e€)) for solid waste, recyclables or yard waste collection
((disposal)) with, or under the direction of, the City, including
an authorized contractor for the collection of recyclable
materials under this Chapter.
B. "Detachable Container" means any garbage
container compatible with the collection company's equipment that
is not a garbage can, garbage unit, or mobile toter.
C. "Director" means the Director of the Public
Works Department.
D. "Garbage" means all accumulations of ((refuse,
swill, and e -the -r) ) solid waste ( (matter net intended fe=
reeyeling er reuse anddisreharged as–e€-ne further value
ewne ) ) .
M:. . "Refuse"
of nefurther alue, ineluding
rteans
ashes,–einders,
waste
matter
elinkers,—_aw.n.
disearded as
3
euttings,-grass
fruit,
and leaves,
er vegetable
breken
up
heuseheid furnishings
liquid —ems--etherwise,
ani
equipment,
attends
diseardedhet
the
water
tanks,
use,
etties, barrels,
eax,ttx
in er stering
e€-mea*t—,
shrubs,
small
trees,
small
tree limbs,
t ani
3
paper and—ser-
a of
weeder
"garbage"" exeludes
erates--and
bewes
i but shall—exelude—
large
—trees, earth,
sand,
gravel, -reek,
,
breken
eenerete,
sewage,
s�•
master—biiek
dead'
and ether
burldfn
ever
iftee
fifteen
materials,
fire refuse
npeunds�d
autemebile
and
be•dies,
waste.
large
-ante—
parts, building
e€ -matter
waste
I
animal,
fruit,
er vegetable
matter,
liquid —ems--etherwise,
that
attends
the
preparatien,
use,
dealing-
in er stering
e€-mea*t—,
fish,
few!,
fruit,
t ani
3
The
vegetables--
term
"garbage"" exeludes
reeye-l-ab1-e
materials
under thisGhapte
,
manures
sewage,
s�•
dead'
animals
eri�
ever
iftee
fifteen
npeunds�d
cl eanings
,
lie
and dispesal
and
e€ -matter
te
�
emeluded-frem
))
the ter
""garbage""
shal-11—be
E. "Garbage Can" means a watertight, galvanized,
sheet metal, raised -bottom container or suitable plastic
container not exceeding four cubic feet or thirty-two gallons in
capacity, weighing not over twenty-two pounds when empty, fitted
with two study handles, one on each side, and a tight cover
equipped with a handle.
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F. "Garbage Units" mean secure and tight bundles,
none of which shall exceed three feet in the longest dimension
and shall not exceed seventy-five pounds in weight. Garbage
units may also mean small discarded boxes, barrels or bags, or in
securely tight cartons or other receptacles not intended for
recycling under this Chapter and able to be reasonably handled
and loaded by one person onto a collection vehicle.
G. "Mobile Toter" means a movable container which
holds at least sixty ((eight Niue)) gallons or ((ene hund
)) of garbage, with a hinged -lid with a tight fit,
thick skinned one-piece balanced weight body which sets on tires,
which will be picked up at curbside with hydraulic dumpster. The
Director may approve collection company use of alternative sizes
of mobile toters.
H. "Person" means every person, firm,
partnership, business, association, institution, or corporation
in the City of Kent accumulating garbage requiring disposal or
generating, accumulating, and collecting recyclable materials.
The term shall also mean the occupant and/or the owner of any
premises for which service herein mentioned is rendered.
I. "Recycle Container" means designated 90 gallon
mobile toters in which recyclable materials can be stored and
later placed at curbside, alleyside, or other location designated
by the Director or collection company with the concurrence of the
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Director. This term also includes but is not limited to
designated commercial front load boxes, drop boxes and compactors
at locations as may be specified by the Director. The Director
may approve collection company use of alternative sizes of
recycle containers.
J. "Recyclable Materials" means waste materials
generated in the City of Kent capable of reuse from a waste
stream as designated by the Director, including but not limited
to sorted or unsorted newsprint, glass, aluminum, ferrous and
non-ferrous cans, plastic materials, mixed paper, and cardboard
accumulated and intended for recycling or reuse and collection by
a collection company or authorized contractor. This term
excludes all dangerous wastes and hazardous wastes defined in RCW
70.10 and 70.105A, and solid wastes intended for disposal in a
landfill, incinerator, or solid waste disposal facility under WAC
173-304. All recyclable materials intended for collection by a
City authorized collection company or contractor shall remain the
responsibility and ownership of participants until such materials
as contained in designated recycle containers are placed out for
collection for the authorized contractor. Such materials then
become the responsibility and property of the collection company
or authorized contractor subject to the right of the participant
to claim lost property of value.
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K. "Solid Waste" shall be as defined by RCW
70.95.030 and WAC 173-304-100(73), ((and ineludes refuse)) with
the exception of sludge from waste water treatment plants and
septage, from septic tanks, extremely hazardous waste, hazardous
waste, dangerous waste, and problem wastes as defined in WAC
173-303 and 173-204, and RCW 70.105 and 70.105A.
L. "Solid Waste Utility" shall be the City system
of solid waste handling under Chapters 35.21 and 35.67 RCW and
this Code.
M. "Yard Waste" means plant material including
leaves, grass, branches, brush, flowers, tree wood waste and
other biodegradable waste that may be designated by the Director.
Yard waste includes sod not over four (4) inches in diameter and
limbs and branches not over four (4) inches in diameter or four
(4) feet in length. Yard waste does not include demolition
debris such as concrete, wallboard, lumber or roofing materials.
Section 3. KCC 7.08.040 (as last amended by Ordinance
2689) is amended as follows:
7.08.040. (( .)) SOLID WASTE
HANDLING -MANDATORY SERVICE
A. All persons accumulating garbage in the City
of Kent shall place and accumulate same in garbage cans, or
garbage units, mobile toters, or detachable containers as
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required by this Chapter. Except as provided in KCC 7.08.020B
and C. all persons and properties within the City shall use the
solid waste, recyclable material and yard waste system and
service of the Solid Waste Utility under contract with collection
companies. All persons and occupied property shall be subject to
and responsible for the minimum level of service and associated
charges, whether or not such persons and property use the
service. The Director may, upon a showing that a person or
property produces no solid waste. determine not to enforce the
Provisions of this section.
B. It shall be unlawful to deposit, throw, or
place any garbage in any land, alley, street or other public
place, or to deposit, throw or place any garbage on any private
property regardless of ownership, unless the garbage is placed in
garbage cans, containers, or toters, the covers of which shall
not be removed except when necessary for the depositing or
removing of garbage; provided, that boxes, small barrels,
cartons, ((shrubs, sfaall trees, small tree limbs)) , yard waste,
scraps of wooden crates and boxes, broken up household furniture
and equipment, paper, hollowware and rubbish in general, may be
broken up or cut up and placed in garbage units, ((as defined in
RGG.)) consistent with this Chapter or as approved
by the Director.
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C. Any garbage can when filled shall not weigh
more than seventy-five pounds and shall be so packed that the
contents thereof will dump out readily when the can is inverted.
All garbage cans and garbage units shall be placed in convenient,
accessible locations upon the ground level or ground floor and as
near as practicable to the approximate rear of the building or
near the alley, street or road at which collection trucks are to
be loaded; all walks, paths, and driveways to the place of
loading shall have a overhead clearance of not less than eight
feet.
D. Any mobile toter when filled shall not weigh
more than one hundred eighty pounds, or as otherwise regulated by
the Director, and shall be so packed that the contents thereof
will dump out readily. All mobile toters shall be placed at
curbside or alley before 7:00 a.m. and removed from curb or alley
as soon as possible after collection, but no later than 7:00 p.m.
E. Any person accumulating garbage in the
downtown or suburban business areas whose location requires the
placing of cans, containers, or units on a sidewalk or alley for
collection shall not place same on sidewalk or alley until the
close of each business day, and shall remove cans from sidewalk
or alley immediately after the opening for business each morning.
F. Dangerous - Other Waste.
1. No hot ashes or other hot material, dirt,
sand, rocks, gasoline, solvents, oil, paint or dangerous or
hazardous wastes shall be placed in any garbage can, garbage
unit, detachable container, or mobile toter for collection or
removal. All kitchen, table and cooking waste before being
deposited in garbage cans, garbage units, detachable container,
or mobile toters shall be drained and wrapped in paper or other
material in such a manner as to prevent as nearly as possible
moisture from such garbage from coming in contact with sides or
bottoms of the containers.
2. As used in this section, "dangerous or
hazardous wastes" means any solid waste designated as dangerous
or hazardous waste by the State Department of Ecology, and such
wastes shall be disposed of consistent with Department of Ecology
rules and regulations.
G. When use of garbage cans is allowed or
required, sufficient garbage cans must be provided for the
collection of all garbage cans as defined in this Chapter. Worn
out and improper cans shall be discarded.
H. Residential units shall use ((fully
-automat )) mobile toters unless otherwise authorized by the
collection company. Mobile toters shall be provided by the
collection company. All mobile toters shall remain the property
of collection company and are provided and assigned to residences
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for the health, safety, convenience, and general welfare of the
occupants. The containers shall not be damaged, destroyed, or
removed from the premises by any person; markings and
identification devices on the containers, except as placed or
specifically permitted by the collection company are expressly
prohibited and shall be regarded as damage to the containers.
I. It shall be unlawful, except as authorized by
the owner, collection company or the City to deposit any garbage
or other material in any garbage can, garbage unit, detachable
container, or mobile toter, or to remove the covers therefrom;
said covers shall be securely placed on each can, toter, or unit
at all times, except when it is necessary to remove same for
deposit or at times of collection.
J. Following adoption of the City Yard Waste
program, it shall be unlawful to dispose of yard waste in
containers provided by collection companies for solid waste or
recyclable materials. Yard waste shall be deposited in
containers provided by collection companies disposed of under
KCC 7.08.020C, or as authorized by the Director. Nothing in this
Chapter shall prohibit persons from composting yard waste on
property owned or leased by such persons provided however, that
compost facilities shall be operated and maintained consistent
with other applicable law and regulation.
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Section 4. A new section 7.08.220 is added to the Kent
City Code, as follows:
7.08.220. LIEN FOR UTILITY SERVICES.
A. Pursuant to chapter 35.21 RCW, liens are
authorized by this Code against property for which solid waste,
recyclable materials, or yard waste collection services have been
provided by collection companies operating under contract with
the Solid Waste Utility.
B. Charges for solid waste collection and
disposal, recyclable collection and disposal, and yard waste
'collection and disposal services are set by collection companies
consistent with solid waste utility contracts with the City.
Upon failure to pay the charges within the time provided for in
invoices and/or bills issued by collection companies, the amount
thereof shall become a lien against the property for which the
solid waste, recyclable material, or yard waste collection
service is rendered.
C. A notice of the lien authorized by this
Section shall specify the charges, the period covered by the
charges, and the legal description of the property sought to be
charged. The notice shall be filed with the county auditor
within the time required and shall be foreclosed in the manner
and within the time prescribed for liens for labor and material.
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D. Liens authorized by this Section shall be
prior to all liens and encumbrances filed subsequent to the
filing of the notice of lien with the county auditor, except the
lien of general taxes and local improvement assessments whether
levied prior or subsequent thereto.
E. Collection companies seeking to exercise
rights under this Section shall have current, executed contracts
for solid waste handling with the City authorizing the rights
herein and providing for the method of such lien enforcement.
Section 5. New sections 7.08.240 through 7.08.340 are
added to the Kent City Code, as follows:
ENFORCEMENT
7.08.240 VIOLATION -PENALTY.
A. Anyone violating or failing to comply with
Section 7.08.020, 7.08.030, or 7.08.040 shall, upon conviction,
be punishable by a fine of not more than Five Thousand Dollars
($5,000.00) or by imprisonment in the City Jail for a period of
not exceeding one (1) year, or by both such fine and
imprisonment.
B. Alternatively, anyone failing to comply with
any provision of this chapter shall be subject to a civil penalty
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in the amount of Fifty Dollars ($50.00) per day for each
violation pursuant to Sections 7.08.240 through 7.08.320.
7.08.260 NOTICE OF VIOLATION.
A. If the Director determines after investigation
that this Chapter has been violated, the Director may have a
notice of violation served upon the owner, tenant or other person
believed to be responsible for the condition. The notice shall
be served by personal service or by United States mail addressed
to the last known address of the owner, tenant or other person
responsible for the condition. The notice shall state separately
each violation of this Chapter and what corrective action is
necessary to comply with the Chapter. A reasonable time for
compliance shall be established in the notice.
B. The notice of violation shall not be amended
by the Director to include additional violations as a result of
any reinspection for compliance or other purposes except upon a
clear showing that the amendment is necessary for the protection
of public safety, health and general welfare and that the
additional violation did not exist or could not reasonably have
been discovered at the time of original inspection.
7.08.280 TIME TO COMPLY. When calculating a reasonable
time for compliance, the Director shall take into consideration:
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A. The type and degree of violation cited in the
notice;
B. The intent of a responsible party to comply if
an intent has been expressed.
7.08.300 EXTENSION OF COMPLIANCE DATE. An extension of
time for compliance with a notice of violation may be granted in
writing by the Director upon receipt of a written request
therefor. The Director may without a written request grant an
extension of time after finding that required actions have been
started and that the work is progressing at a satisfactory rate.
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7.08.320 CIVIL PENALTY.
A. In addition to any other sanction or remedial
procedure which may be available, any person failing to comply
with a notice of violation of this Chapter shall be subject to
cumulative penalty in the amount of Fifty Dollars ($50.00) per
day for each violation, from the date set for compliance until
the notice of violation is complied with; provided persons
failing to comply with a notice of violation in connection with a
venture entered into for profit shall be subject to a cumulative
penalty in the amount of One Hundred Dollars ($100.00) per day;
and provided further that the penalty for failure to comply with
a notice of violation where the City has removed the solid waste
shall be increased to include the actual cost of such removal
plus fifteen percent (15%).
B. The penalty imposed by this section shall be
collected by civil action brought in the name of the City. The
Director shall notify the City Attorney in writing of the name of
any person subject to the penalty and the amount of the penalty
and the City Attorney shall, with the assistance of the Director,
take appropriate action to collect the penalty.
C. Whenever solid waste deposited, thrown or
placed in violation of this Chapter contains three (3) or more
items bearing the name of one (1) individual, or whenever a motor
vehicle or trailer used in the activity is identified by its
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license plate, it shall be presumed that the individual whose
name appears or the items or to whom the vehicle or trailer is
registered committed the unlawful act. The defendant shall have
an opportunity to rebut the presumption and may show as full or
partial mitigation of liability:
1. That the violation giving rise to the
action was caused by the wilful act, neglect, or abuse of
another; or
2. That correction of the violation was
commenced promptly upon receipt of the notice thereof, but that
'full compliance within the time specified was prevented by
inability to obtain necessary labor, inability to gain access to
the subject property, or other condition or circumstances beyond
the control of the defendant.
7.08.340 SUMMARY ABATEMENT.
A. The City Council may, after a report has been
filed by the Director and the property owner, tenant or other
person responsible for the condition has had an opportunity to be
heard, by ordinance require such person to abate a nuisance by
removal and proper disposal or refuse from the property at such
person's cost and expense within a time specified in the
ordinance; and if the removal and disposal is not accomplished
within the time specified, the Director may abate the nuisance
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and recover the cost and expense thereof plus fifteen percent
(15%) in a civil action.
B. The Director may also seek relief in Superior
Court to enjoin any acts or practices and abate any condition
which constitutes or will constitute a violation of this Chapter
when the civil or criminal remedies provided herein are
inadequate to effect compliance.
Section 6. Section 7.08.180 is hereby repealed.
Section 7. Ratification. Any act consistent with the
authority and prior to the effective date of this Ordinance is
hereby ratified and confirmed.
Section 8. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not
affect the validity of the remainder of this ordinance, or the
validity of its application to other persons or circumstances.
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Section 9. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and public tion as provided by law.
1,
Dan Kelleher, Mayor
ATTEST:
BRENDA JACOB , ITY CLERK
APPROVED AS TO FORM:
ROd4R LUBOV C TY ATTO
PASSED the /O day of ���L�y , 1992.
APPROVED the 19 day of �ZL� , 1992.
PUBLISHED the day of �ZG«1 , 1992.
I hereby certify that this is a true and correct copy
of Ordinance No. .,3C-31 , passed by the City Council of the
City of Kent, Washington, and approved by the Mayor of the City
of Kent as hereon indicated.
(SEAL)
solidwst.ord BRENDA JACO , CITY CLERK
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