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HomeMy WebLinkAboutO-2540 - Amends Ch. 7.08, garbage collection (7.08)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.;)..S'tD , ~" ~A ~*~ ~f:u-t. rn»:S c!.. ~ Purpose. Definitions. Administrative responsibility. AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING MARYSVILLE MUNICIPAL CODE CHAPTER 7.08 TITLED GARBAGE COLLECTION REPLACING THE WORD "CANS"WITH "CONTAINERS";ADDING A NEW SECTION THAT ALL CONTAINERS ISSUED BY THE CITY REMAIN THE PROPERTY OF THE CITY; PROVIDING FOR AND ESTABLISHING RULES, REGULATIONS AND REQUIREMENTS REGARDING CONTAINERS,ACCESSIBILITY AND EXCEPTIONS;AND ESTABLISHING AND AMENDING RATES AND FEES; AND SEVERABILTY. WHEREAS,the Marysville City Council finds that it is in the interest of the public health, safety and welfare to require and regulate the removal, collection and disposal of garbage, refuse, waste, rubbish, debris,discarded food, animal and vegetable matter,brush,grass, weeds, cans, glass, ashes, offal, boxes and cuttings from trees, lawns and gardens, swill and dead animals; and WHEREAS,the Marysville City Council has previously enacted ordinances to regulate Garbage Collection that are codified in Marysville Municipal Code Chapter 7.08 titled GARBAGE COLLECTION;and, WHEREAS,the Marysville City Council finds that amendments to Marysville Municipal Code Chapter 7.08 titled GARBAGE COLLECTION regarding containers,rules and regulations, fees and rates, etc. are required from time to time thus requiring this ordinance amending the Marysville Municipal Code Chapter 7.08 titled GARBAGE COLLECTION;and, NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Chapter 7.08 Titled GARBAGE COLLECTION of the Marysville Municipal Code is amended to read as follows: Chapter 7.08 GARBAGE COLLECTION Sections: 7.08.010 7.08.012 7.08.020 ORDINANCE -I ord.7.08 Garbage final · r 7.08.030 7.08.031 7.08.032 7.08.033 7.08.035 7.08.040 7.08.050 7.08.055 7.08.060 7.08.065 7.08.067 7.08.070 7.08.080 7.08.090 7.08.095 7.08.100 7.08.110 7.08.111 7.08.112 7.08.113 7.08.115 7.08.120 7.08.125 7.08.130 7.08.150 ----------------------------------~ Compulsory garbage collection service. Compulsory recyclable collection service. Optional recyclable collection service. Optional yard waste collection service. Exemptions from city garbage collection service. Garbage collection hauling and disposal businesses prohibited. Garbage refuse and waste defined. Scavenging prohibited. Receptacles required -Specifications and use. Accessibility of containers. Litter around containers. Special arrangements for business establishments. Unlawful dumping. Frequency of collection. Temporary discontinuance of collection service. Billing for collection service delinquent bills -Liens. Rate schedule. Yard waste rate schedule. Commercial recyclable collection rates. Multi-family recyclable collection rates. Eligibility for senior citizen rate. Special services performed by city -Owner's cost. Waiver of garbage fees for new buildings under construction. Garbage disposal fund. Penalty for violations. 7.08.010 Purpose. The city finds that it is in the interest of the public health, safety and welfare to require and regulate the removal,collection and disposal of garbage, refuse, waste,rubbish,debris, discarded food, animal and vegetable matter, brush, grass, weeds, cans, glass, ashes, offal,boxes and cuttings from trees, lawns and gardens, swill and dead animals. (Ord. 1186 §I, 1981; Ord. 436 § I,1957). 7.08.012 Definitions. As used in this chapter,unless the context indicates otherwise: (I)"Garbage"means all putrescible solid and semisolid wastes,including but not limited to animal and vegetable wastes. Garbage does not include the following: (a)Recyclable refuse and yard waste as defined below; (b)Primary products of public,private,industrial,commercial,mining and agricultural operations; (c)Sludge and septage; ORDINANCE -2 ord.7.08 Garbage final ..., ------------------- (d)Wood waste as defined by WAC 173-304-100(91); (e)Dangerous or hazardous wastes as defined in RCW 70.1 05.010 and/or Chapter 173-303 WAC; (f)Abandoned vehicles or parts thereof; (g)Demolition wastes as defined by WAC 173-304-1 OO(19); (h)Problem wastes as defined by WAC 173-304-100(61); (i)Medical wastes as defined by WAC 173-304-100(47); U)Agricultural wastes as defined by WAC 173-304-100(2); (k)Industrial solid wastes as defined by WAC 173-304-100(39); (I)White goods,meaning any large household appliance,including refrigerators,stoves,water heaters,etc.; (m)Radioactive wastes as defined by Chapters 402-12 and 402-19 WAC; (n)Rubber tires; or (0) Oil. (2)"Garbage and refuse"is a generic term used in this chapter to mean garbage,recyclable refuse and yard waste as defined in this section. (3)"Recyclable refuse"means: (a)Newspapers; (b)Uncoated mixed paper,including magazines,junk mail,phone books,bond or ledger grade,cardboard and paperboard packaging. (This does not include tissue paper,paper towels, frozen food containers,milk cartons or paper packaging combined with plastic, wax or foil); (c)P.E.T.(recyclable plastic), glass,aluminum and other metal food and beverage containers. (4)"Yard waste"means leaves, grass,prunings and clippings of woody as well as fleshy plants.Materials larger than four inches in diameter and three feet in length shall not be considered yard waste. Yard waste does not include dirt, rocks, sod and such items as pumpkins and apples.Christmas trees will be considered yard waste if they have been cut and bundled to a maximum length of three feet. (5)"Excess refuse"is disposable garbage secured in one or more heavy duty plastic bags as required by MMC 7.08.060(4),or in a garbage can as described in MMC 7.08.060(4),and is in addition to the number of containers for which a customer has requested regular service Excess refuse shall not include "recyclable refuse"or "yard waste"as defined above. (Ord. 1849 §1,1991;Ord.1822 §1, 1991). ORDINANCE -3 ord.7.08 Garbage final ·, 7.08.020 Administrative responsibility. Administrative responsibility for garbage and refuse collection, and enforcement of all provisions of this chapter, shall be vested in the utility department of the city of Marysville. (Ord. 1140 §1, 1980; Ord. 928 §I, 1977; Ord. 436 §2,1957). 7.08.030 Compulsory garbage collection service. The owner and occupant of all occupied premises within the city of Marysville shall be required to use the garbage collection and disposal service provided by the city utility department,and to comply with all regulations and rate schedules relating to the same, as specified in this chapter; provided, that the compulsory service shall not apply to properties which are located in areas of the city temporarily covered by a franchise granted by the city to a private garbage collection and disposal company, and use of the company's services shall be optional; provided, further, compulsory garbage service shall not be required for single-family residences which meet all of the following conditions: (1) The property is two acres or greater in size; (2) The residence is at least 300 feet from the public right-of-way; (3) The resident or property does not utilize any other city utility service for any purpose; (4) The residence is not being served by a private garbage hauler. An exemption to mandatory garbage must be initiated by the property owner or occupant of the property by written request which addresses each of the four criteria referenced above. The director of public works or his designee shall review and approve or deny all requests for exemptions based upon the criteria listed above. The decision of the public works director shall be final. In the event an exemption is granted, the exemption will be reviewed on an annual basis and in the event any of the four criteria referenced above are found to no longer apply, the property shall then become subject to the mandatory garbage provisions of this section. (Ord. 2116,1997;Ord. 1186 §2,1981; Ord. 436 §3, 1957). 7.08.031 Compulsory recyclable collection service. The owner and occupant of all residential premises within the city shall be required to use the curbside collection service for recyclable refuse provided by the city's contractor, and shall be required to comply with all regulations and rate schedules relating to the same as specified in this chapter; provided, that this section shall not apply to properties which are located in newly annexed areas of the city temporarily covered by a franchise granted by the city to a private disposal company. (Ord. 1836 §1, 1991; Ord. 1822 §3,1991). ORDINANCE -4 ord.7.08 Garbage final .. 7.08.032 Optional recyclable collection service. The owner and occupant of any commercial,industrial or multi-family residential premises within the city, shall have the option of voluntarily registering for collection service for recyclable refuse provided by the city's contractor.Such customers shall be required to comply with all regulations and rate schedules relating to the same as specified in this chapter;provided, that this section shall not apply to properties which are located in newly annexed areas of the city temporarily covered by a franchise granted by the city to a private disposal company. (Ord. 1925 §3, 1992; Ord. 1836 §2,1991;Ord. 1822 §4,1991). 7.08.033 Optional yard waste collection service. The owner and occupant of any premises within the city shall have the option of voluntarily registering for curbside collection service for yard waste provided by the city's contractor.Such customers shall be required to comply with all regulations and rate schedules relating to the same as specified in this chapter;provided,that this section shall not apply to properties which are located in newly annexed areas of the city temporarily covered by a franchise granted by the city to a private disposal company.(Ord. 2078 §1,1996;Ord. 1854 § I, 1991; Ord. 1822 § 5, 1991). 7.08.035 Exemptions from city garbage collection service. Any premises within the city which use garbage containers or drop boxes larger than eight cubic yards in size, or which cannot be emptied by a rearend-Ioad garbage truck,shall contract for private garbage collection service with pickups on at least a weekly basis,and shall be exempt from the requirement of using city garbage collection services and paying for the same.(Ord. 1639, 1988). 7.08.040 Garbage collection hauling and disposal businesses prohibited. It is unlawful for any person,firm or corporation,other than the city of Marysville,to engage in the business of collection,hauling or disposal of garbage refuse or waste as defined in this chapter,within the city limits without having obtained a franchise for said business issued by the city council.(Ord.1140 §3,1980;Ord. 436 §4,1957). 7.08.050 Garbage refuse and waste defined, (1)It is unlawful for any person,firm or corporation to use the city's garbage collection service for any waste or refuse which is not defined as "garbage"in MMC 7.08.012(1),or to commingle any such waste or refuse with garbage;provided,that commingling of recyclable refuse with garbage is permitted by commercial or industrial customers who legitimately elect not to register for curbside collection service for recyclable refuse,pursuant to MMC 7.08.032. (2)It is unlawful for any person,firm or corporation to use the city's recyclable collection service for any garbage,waste or refuse which is not defined as "recyclable refuse"in MMC 7.08.012 (3),or to commingle any such garbage,waste or refuse with recyclable refuse. ORDINANCE -5 ord.7.08 Garbage final ·. (3)It is unlawful for any person, firm or corporation to use the city's yard waste collection service for any garbage, refuse or waste which is not defined as "yard waste" in MMC 7.08.012(4),or to commingle any such garbage, waste or refuse with yard waste. (Ord. 1836 §3, 1991; Ord. 1822 §§2,6,1991;Ord. 436 §5,1957). 7.08.055 Scavenging prohibited. It is unlawful for any person, firm or corporation,other than the city, the city's recycling contractor,or a private disposal company franchised by the city, to scavenge, remove or collect any garbage or refuse after it has been set out by a customer for collection at the curbside or other approved location. (Ord. 1822 §7,1991). 7.08.060 Receptacles required -Specifications and use. (I)It shall be the duty of every person who owns,occupies or controls any dwelling unit, business premises,manufacturing establishment,school, church or other place where garbage and refuse is created or accumulated,to at all times keep or cause to be kept portable containers for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein. In the case of rental units it shall be the responsibility of the owner of the premises to supply the tenants with garbage containers meeting the specifications of this section. (2) All garbage containers issued by the city shal1 remain the property of the city. (3) All garbage containers shall be watertight and shal1 be kept in a sanitary condition with the outsides thereof clean and free from accumulated grease and decomposing material. (4)"Excess refuse"must be either in a container that is watertight,of not more than 30- gallon capacity, having two handles at the sides thereof and tight-fitting lids not exceeding 60 pounds in weight when loaded, with a prepaid excess refuse tag attached; or in a heavy-duty 30- gallon garbage bag with the opening adequately secured shut and a prepaid excess refuse tag affixed thereto. The bag must be able to be picked up by the top without loss of contents. Refuse in boxes, paper bags or smal1 grocery bags will not be accepted. Excess refuse without a prepaid tag attached wil1 not be picked up. "Excess Refuse" tags will be available for customers to purchase at the City HaU and at the Jennings Park Office. The city may also arrange for certain retail stores within the corporate limits of the city to sell tags. (5) Upon request, bulk containers for garbage and refuse wil1 be supplied by the city. Such containers shall be located on concrete pads constructed at grade level to the fol1owing specifications: (a) For bulk containers one to two yards in size the pads shal1 be five feet by eight feet. ORDINANCE -6 ord.7.08 Garbage final (b) For bulk containers three to six yards in size the pads shall be eight feet by eight feet. (c) For bulk containers eight yards in size the pads shall be eleven feet by eleven feet. (6) Bulk containers shall be located so that they are accessible to garbage trucks or may be rolled out on a hard surface.Any roll-out in excess of 20 feet shall be charged an extra fee pursuant to the rate schedule. (7)Exemptions to required use of city-owned carts (20, 35, 65, 90 gal) shall be considered on a case-by-case basis.The customer shall be required to provide the city with justification of substantial hardship if the city were to impose the required use of city-owned carts. Final determination shall be at the discretion of the city. (8) The user of any city-owned container shall exercise reasonable care of the same.Repairs or cleaning which are necessitated by reason of neglect or abuse shall be charged to the user.The user shall be responsible to notify the utility department if container repairs are needed.Failure to do so may be considered as abuse.(Ord. 1849 § 2, 1991; Ord. 1788 §§ I, 2, 1990; Ord. 1505, 1987; Ord. 1145, 1980; Ord. 1140 §4,1980;Ord. 928 §5,1977;Ord. 436 §6,1957). 7.08.065 Accessibility of containers. (1) On the day of collection,it shall be the duty of each garbage customer to place all garbage containers,excess garbage containers,recycling carts and yard waste collection carts in an accessible place abutting the street or alley used by the city garbage trucks to service the subject property. (a) The garbage containers,excess garbage containers,and carts shall be situated at the edge of the public right-of-way,or at the curbline if such exists. (b)Place alI carts with lids opening toward roadway. (c)Maintain at least two (2) feet of clearance between each cart, can, or container. (2)Arrangements maybe made for special collection sites for handicapped persons,multiple- family complexes,and commercial and industrial customers.Special collection procedures that involve 'additional,'or 'extra'service,may be charged for such service per MMC 7.08.120- Special services performed by city -Owner's cost. (3) On the day of collection,garbage containers or other receptacles shall be removed by the customer from inaccessible places or underground storage.In the event that any garbage container or other receptacle is inaccessible to the collector,the city shall refuse collection service.Such refusal shall not relieve the customer of the obligation to pay the regular service fee.If the customer wishes to schedule the garbage container or other receptacle to be emptied ORDINANCE -7 ord.7.08 Garbage final ., which was refused service because of inaccessibility,the customer shall be billed an amount equal to an extra pick-up commensurate with their current level of service,as noted in MMC section 7.08.I I Q-Rate schedule.This does not relieve the customer of the obligation to pay the regular service fee. (Ord.1849 §3,1991;Ord. 1822 §10, 1991;Ord. 1253 §1, 1982; Ord. 616 §2,1968). 7.08.067 Litter around containers. It is the duty of each customer to keep the area around its garbage and refuse receptacles free from litter. If it is necessary for the city or the city's recycling contractor to clean up the litter around receptacles,the customer's garbage and refuse bill for that month shall be doubled. (Ord. 1822 §12,1991;Ord. 928 §6,1977;Ord. 616 §3,1968). 7.08.070 Special arrangements for business establishments. Special arrangements may be made with the utilities department by business establishments having large quantities of dry garbage or refuse in the shape of packing cases,crates,barrels,etc., for the convenient hauling of the same by the garbage collector. (Ord. 928 §7, 1977; Ord.436 §7, 1957). 7.08.080 Unlawful dumping. It is unlawful to dump or deposit any garbage or refuse upon any street or alley or on any public or private properly,except in a receptacle intended for that purpose and with the implied or express consent of the owner of said receptacle.(Ord. 1822 §12, 1991; Ord. 436 §8, 1957). 7.08.090 Frequency of collection. The garbage and refuse department shall collect,remove and dispose of all garbage and refuse in the residential section of the city at least once each week,and at least once a day,if required,in the business section of the city and from all business houses in the city and from schools. (Ord. 436 §9, 1957). 7.08.095 Temporary discontinuance of collection service. A customer may request voluntary discontinuance of garbage collection service during periods that the premises are vacant.The conditions of such discontinuance shall be as follows: (l)Three days'advance notice of a request for discontinuance shall be given, in writing,to the city and to the recycling contractor,if applicable. (2) The customer must simultaneously request discontinuance of water service to the premises pursuant to MMC 14.05.060. (3)The customer shall pay the city any delinquent fees or charges owed on its garbage and refuse account. Following such discontinuance,no charges for garbage collection service shall accrue,and no ORDINANCE -8 ord.7.08 Garbage final ·. liens shall accumulate,until the service is commenced again at the request of the owner.If a customer requests reconnection of water service to the premises,garbage service shall be simultaneously commenced.(Ord. 1822 §13, 1991; Ord.1439,1985). 7.08.100 Billing for collection service delinquent bills -Liens. Bills for garbage and refuse collection services, as specified in the rate schedule in MMC 7.08.110,shall be sent to all customers on a monthly or bimonthly basis, using the addresses contained in the records of the city utility department. For customers also receiving bills for city water and sewer utilities,the billing statements shall be combined and processed pursuant to MMC 14.05.030. The owner of premises receiving the benefit of garbage and refuse collection services shall be responsible for the payment of all charges. In the event that such charges are not paid to the city within 30 days after mailing ofthe bills, they shall be considered delinquent. Delinquent bills may be collected by the city by use of one or more of the following cumulative remedies: (I)All garbage and refuse service to the premises may be suspended.Such suspension shall not relieve the owner ofthe premises from paying the delinquent account or from accruing additional monthly charges during the period of suspension.Further,such suspension shall not relieve the owner of the premises from an obligation to comply with all provisions of this chapter, and an accumulation of garbage or refuse on the premises may result in an action by the city for abatement of a health hazard. (2) A civil collection action may be instituted against the owner of the premises and/or the person or persons occupying the same during the period that the delinquent account arose.If the city obtains judgment against such parties, it shall also be entitled to judgment for court costs and reasonable attorney's fees expended in said litigation. (3) The amount of a delinquent account shall constitute a lien against the property for which the garbage collection service was rendered. In order to enforce said lien, the city must file a notice of the same with the Snohomish County auditor within 90 days from the date on which the services were performed. Such notice must comply with RCW 35.21.140. The city may file a judicial action to foreclose said lien within a period of eight calendar months after the lien was filed. If the city obtains judgment on said lien, it shall also be entitled to judgment for court costs and reasonable attorney's fees incurred in said litigation. (Ord. 1849 §4,1991;Ord. 1140 §6, 1980; Ord. 436 § 10, 1957). 7.08.110 Rate schedule.(Effective January 1,2004) The monthly rates for the collection of garbage and refuse to be charged by the city shall be according to the following schedule: ORDlNANCE -9 ord.7.08 Garbage final ·. (I)Weekly pickup=Each dwelling unit: $14.6Q-for one Mini-can-20-gallon insert into 3S-gallon cart $IS.lQ-for one 3S-gallon cart $30.2Q-for one 6S-gallon cart $42.3Q-for one 96-gallon cart (2) Monthly pickup=Each dwelling unit: $S.SQ-for one 3S-gallon cart (3) Extra pickup: $4.90 for each additional can or excess refuse bag per pickup (4)Low-income senior citizen rate: $ll.4Q-for one 20 or 3S-gallon cart Larger cart or additional garbage at regular rates._(see eligibility requirements in MMC 7.0S.IIS) (S) Business, schools, churches, etc.: Same as dwelling unit rate on a per container basis (6) Service more frequent: Rate multiplied by number of the weekly pickups (7)Containers (noncompacted): One cubic yard $SI.SO/month (or $20.3S/pickup) One and one-half cubic yards $110.70/month (or $27 .6S/pickup) Two cubic yards $140.S0/month (or $3S.13/pickup) Three cubic yards $192.40/month (or $4S.1O/pickup) Four cubic yards $214.60/month (or $S3.6S/pickup) Six cubic yards $291.40/month (or $72.SS/pickup) Eight cubic yards $377.90/month (or $94.4S/pickup) (S) Containers (compacted):(The term "compacted material"means any material which has been compressed or shredded by any mechanical device either before or after it is placed in the receptacle handled by the collector.) Rates for compacted material shall be SO percent greater than the rate for the same size container of uncompacted refuse. (9)Container-surplus garbage: Charged at same rate as container assuming equivalent bulk and weight ORDINANCE -10 ord.7 .OS Garbage final .. (] 0)Container-Service more frequent: Container rate multiplied by number of weekly pickups (] II Container-Rollouts beyond 20 feet: $12.15/month per container (12)Container----eleaning -if not maintained by user: $30.35 per container per instance (Ord. 2390 §3, 2001; Ord. 2352 §1,2000;Ord. 2285 §1, 1999; Ord. 1925 §1, 1992; Ord. 1876 §I, 1992; Ord. 1788 §3,1990;Ord. 1552 §1,1987; Ord. 1474 §I,1986; Ord. 1322 §1, 1983; Ord. 1177, 1981; Ord. 1140 §7,1980;Ord. 1057, 1979; Ord. 928 §8,1977;Ord. 876 §I,1975; Ord. 728 §3,1971;Ord. 616 §1,1968;Ord. 563 §§2,3,1966;Ord. 438 §I,1957). 7.08.111 Yard waste rate schedule.(Effective January 1,2004) Each customer participating in the city's optional yard waste collection service, as provided for in MMC 7.08.033, shall be charged a monthly collection charge of$7.50 for the first container and $2.00 for each additional container.(Ord. 2390 §4, 200 I;Ord. 2352 §1, 2000; Ord. 2285 §2, 1999; Ord. 2078 §2,1996;Ord. 1854 §2,1991;Ord. 1826 §1, 1991). 7.08.112 Commercial recyclable collection rates. Commercial and industrial customers participating in the city's optional recycling collection service,as provided in MMC 7.08.032,shall be charged collection rates as follows: 64 gallon cart - $2.15 per pickup 90 gallon cart - $2.87 per pickup I yard container - $7.45 per pickup 2 yard container -$11.50 per pickup 3 yard container - $15.21 per pickup 4 yard container - $17.45 per pickup 6 yard container -$21.30 per pickup 8 yard container -$24.55 per pickup (Ord. 2078 §3,1996;Ord. 1925 §1, 1992; Ord. 1854 §3, 1991). 7.08.113 Multi-family recyclable collection rates. Commercial and industrial customers participating in the city's optional recycling collection service,as provided in MMC 7.08.032,shall be charged collection rates as follows: 64 gallon cart - $2.28 per pickup 90 gallon cart - $3.04 per pickup ORDINANCE -11 ord.7.08 Garbage final .. I yard container - $7.90 per pickup 2 yard container - $12.19 per pickup 3 yard container - $16.I2 per pickup 4 yard container - $18.50 per pickup 6 yard container - $22.58 per pickup 8 yard container - $26.02 per pickup (Ord. 1925 §2, 1992). 7.08.115 Eligibility for senior citizen rate. The occupant of a single-family dwelling unit or duplex in the city of Marysville shall be eligible for the senior citizen garbage and refuse collection rate under the following conditions: (I)The dwelling unit must be occupied by the person claiming eligibility as his or her principal place of residence. (2) The person claiming the rate must be the head of the household for the dwelling unit in question. (3) The garbage account must be in the name of the person claiming eligibility. (4) No person may claim a senior citizen garbage and refuse collection rate for more than one dwelling unit during the same period. (5) The person claiming eligibility for the senior citizen rate must qualify in one of the following categories: (a) Low-Income Senior Citizen. "Low income senior citizen" means a person who is 62 years of age or older and whose total income, including that of his or her spouse or cotenant, does not exceed the amount specified in RCW 84.36.381 (5)(b), as now or hereafter amended. (b)Low-Income Disabled Citizen. "Low income disabled citizen" means: (i) A person qualifying for special parking privileges under RCW 46.16.381 (1 )(a) through (f); (ii) A blind person as defined in RCW 74.18.020; or (iii) A disabled, handicapped or incapacitated person as defined under any other existing state or federal program and whose income, including that of his or her spouse, or cotenant, does not exceed the amount specified in RCW 70.164.020(4). (6) Claims for low-income senior citizen or low-income disabled citizen garbage and refuse collection rates shallbe made annually and filed on or before March I st of each year. Claims shall ORDINANCE -12 ord.7.08 Garbage final ---------------------------------------------- .. be filed on forms prescribed and furnished by the city clerk. Said forms shall require the claimant to certify his or her eligibility under this chapter. The city clerk is authorized to require documentation of eligibility when necessary. (Ord. 1787 §2, 1990; Ord. 1655, 1988; Ord. 1633 §§1,2,1988; Ord. 1417 §§1,2,1985; Ord. 1140 §3, 1980). 7.08.120 Special services performed by city -Owner's cost. In the event that city employees are authorized by the superintendent of the utility department to perform special extraordinary garbage or refuse collection services for a private party, using city time or equipment,said private party shall be charged, on the next billing cycle, in an amount equal to the prevailing hourly wage rate for the employees and/or equipment involved.Such charges shall be collected pursuant to the procedures specified in MMC 7.08.100.Authorization for such special or extraordinary services shall only be given for the purpose of abating a violation of this title or for other purposes which benefit the public interest. (Ord. 1140 §9, 1980). 7.08.125 Waiver of garbage feesfor new buildings under construction. During construction of a new building a contractor may request connection to city utilities. Unless requested,however,city garbage collection for said premises shall not commence,and garbage fees shall not be charged,until the date of first occupancy of the building. (Ord. 1674 § 1,1989). 7.08.130 Garbage disposal fund. There is hereby established and created a garbage disposal fund. All money received by the city for the collection and disposal of garbage and refuse shall be placed in such fund and the expense of such garbage collection and disposal shall be paid there from. The city council may, from time to time,provide for additional revenues to be paid into such fund and may,subject to the provisions ofRCW 35.27.510,from time to time transfer a portion ofthe net earnings into the current expense fund of the city. (Ord. 436 §12, 1957). 7.08.150 Penalty for violations. Any person or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not to exceed $100.00,or by imprisonment for not to exceed 30 days, or both. (Ord. 436 §14, 1957). ORDINANCE -13 ord.7.08 Garbage final ~-,~ Section 2. Severability. If any section, subsection, sentence, clause, phrase or work ofthis ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. PASSED by the City Council and APPROVED by the Mayor this J£!6-day of Gcl"o~,2004. CITY OF MARYSVILLE ByD41~LU DENNIS L.KENDALL, Mayor ATTEST: Approved as to form: BY-.LJ A.tnJ=t::,l;),~ GRANT K. WEED, City Attorney Date of Publication:10 /13 La Lf • I Effective Date (5 days after publication):_---L~L:::..,'--"----L- ORDINANCE -14 ord.7.08 Garbage final