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HomeMy WebLinkAboutO-2940 - Amends Sec. 7.08.030, garbage collection (7.08)< CITY OF MARYSILLE Marysville, Washington ORDINANCE No 2lf 'fb AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTION 7.08.030 OF THE MARYSVILLE MUNICIPAL CODE, RELATING TO COMPULSORY GARBAGE COLLECTION SERVICE WHEREAS, the City provides garbage and refuse collection services within the city limits; and WHEREAS, the City currently imposes compulsory garbage collection service pursuant to MMC 7.08.030, and WHEREAS, the City currently requires all occupants and occupied premises within the city limits to use garbage collection and disposal services provided by the city utility department; and WHEREAS, in areas of the City limits which have not yet become urbanized it may not be practical or efficient to require mandatory garbage service; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. MMC 7.08.030 of the Marysville Municipal Code, is hereby amended to read as follows: 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 service must be initiated by the property owner or occupant of the property by written request which addresses each of the 1 /mv-13-001/amcnd.compulsory garbage svc.111 213 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. Provided further, the public works director in consultation with the director of community development may administratively exempt from compulsory garbage service specific properties or areas which are rural in nature until such time as the property or area becomes urbanized by virtue of being developed or subdivided into urban densities. In the event any 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, or in the case of an administratively granted exemption where the property or area has become urbanized, the property shall then become subject to the mandatory garbage provisions of this section. (Ord. 2540 § 1, 2004; Ord. 2116, 1997; Ord. 1186 § 2, 1981 ; Ord. 436 § 3, 1957). SECTION 2. Severability. If any section, subsection, sentence, clause, phrase or word of this 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::-day of No~ ,2013. • CITY OF MARYSVILLE By ~~ flJ- :j"(.+f \/A41hWv-t, Cauf\Jv~ L ?R.iStW.Vt ::es@!_OJ( APRIL O'BRIEN, DEPUTY CITY CLERK Approved as to from: By ~ ZGRANTWEED, CITY ATTORNEY Date of publication: / / -/fl' -/ '5 Effective Date: // -2/-( \ . __. 2 /mv-13-001/amend.compulsory garbage svc 111213