Sanitation Ordinance

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Last Updated on Wednesday, 17 December 2014 16:01

Sanitation Ordinance

Chapter 5.40

Solid Waste Collection and Removal Sections:
5.40.010 Purposes and applicability.
5.40.020 Definitions.
5.40.030 Use of solid
waste collector
--
Exceptions.

5.40.040
Frequency of solid waste collection and removal.
Regular and additional collections and removals.
Exception. Meaning of solid waste.

5.40.050
Solid waste containers
--
Specifications.

5.40.060
Solid waste containers
--
Required. Use.
Exceptions.

5.40.070
Solid waste containers other than dumpsters and
self-contained, liquid-tight, compacting solid
waste containers
--
Location and time of placement
for solid waste removal.

5.40.080
Solid waste containers, dumpsters and self-contained, liquid-tight,
compacting solid waste containers
--
Location for collection and solid
waste removal. Screening.

5.40.085
Recycling programs
--
Low-density residential, High-density residential.

5.40.090
Variances for placement of solid waste c
ontainers, dumpsters, self-contained, liquid-tight,
compacting solid waste containers.

5.40.100
Placing solid waste from another premises in a
solid waste container.

5.40.110
Violations deemed civil infractions. Penalties.
Presumption. Enforcement personnel.5.40.120
Collection and removal of solid waste. Failure
-- costs, lien.

5.40.140
Entry upon Premises.

5.40.150
Severability.

5.40.010 Purposes and applicability
.
(1) Purposes
. The purposes of this Chapter are:
(a) to protect the environment and promote the health,
safety, and welfare by establishing a system and
standards for the collection, removal, and disposal
of solid waste in and from the city; and,
(b) to provide that the collection, removal, and
disposal of solid waste on and from all premises
within the city be compulsory and universal for all
persons in order to maintain the public health and
sanitation.
(2) Applicability
. The provisions of this Chapter shall be
applicable to premises located in all zone districts,
except the zone district designated as "WSU". (Ord. 90-13 § 1, 1990).

5.40.020 Definitions
. Words used in this Chapter shall have
their normal and customary meaning, unless specifically defined
otherwise. The following words and terms used in this Chapter
shall have the following meanings unless when used the context
thereof clearly indicates to the contrary.
(1) "Ashes" means the residue including any air pollution
flue dusts from combustion or incineration of material
including solid wastes.
(2) "Collect, collected, collection" means in its various
tenses the gathering of solid waste on a premises and
placing it in a solid waste container for removal and
disposal by a solid waste collector.
(3) "Dangerous wastes" means any solid waste designated as
dangerous waste by the state department of ecology under
Chapter 173-303 WAC or also known as hazardous waste
under Chapter 70.105 RCW as now existing and in
accordance with any amendments that may hereafter be made
thereto.
(4) "Demolition waste" means solid waste, largely inert
waste, resulting from the demolition or razing of
buildings, roads, and other man-made structures.
Demolition waste consists of, but is not limited to,
concrete, brick, bituminous concrete, wood and masonry,
composition roofing and roofing paper,
steel, and minor amounts of other metals like copper. Plaster (i.e.,
sheet rock or plaster board) or any other material, other
than wood, that is likely to produce gases or a leachate
during the decomposition process and asbestos wastes are
not considered to be demolition waste for the purposes of
this Chapter.
(5) "Disposal facility" means a sanitary landfill, transfer
station, drop box, or other place for solid waste
disposal approved by the state of Washington or the city
for the disposal of the particular type of solid waste
being disposed of.
(6) "Dumpster" means a solid waste container that is normally
dumped with the aid of mechanical assistance.
(7)"Enforcement officer" means a person appointed by the
mayor to enforce the provisions of this Chapter who is
not an officer of the police department.
(8) "Garbage" means unwanted animal and vegetable wastes and
animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food, swill, and
carcasses of dead animals, and of such a character and
proportion as to be capable of attracting or providing
food for vectors.
(9) “High-density residence”
means any residence on a premises that is occupied by five or more residences, or
any residence on a premises that is occu
pied by two, three, or four residences and which utilizes dumpster
service as opposed to garbage can service for collection
of solid waste; or a fraternity or sorority house.
(10)"Industrial solid wastes" means waste by-products from
manufacturing operations such as scraps, trimmings,
packing, and other discarded materials not otherwise
designated as dangerous waste under Chapter 173-303 WAC
as now existing and in accordance with any amendments
that may hereafter be made thereto.
(11)"Inert wastes" means noncombustible,
nondangerous solidwastes that
are likely to retain their physical and
chemical structure under expected conditions of disposal,
including resistance to biological attack and chemical
attack from acidic rainwater.
(12)"Low-density residence" means any single family
residence; or any residence on a premises that contains
two, three, or four residences and which utilizes garbage
can service as opposed to dumpster service for collection
of solid waste.
(13)"Owner" means the person or persons named on the vesting
deed to the premises if there is no purchaser. If there
is a purchaser or purchasers of the premises, then the
owner is the purchaser or purchasers.
(14) "Person" means any individual, firm, company,
association, society, corporation, group, or institution.
(15) "Person in charge of a premises" means in the case of
(a) a commercial, industrial, or recreational premise
the owner of that premises if the premises is
unoccupied or if the owner occupies that
premises.
If the owner does not occupy that premis
es, then the term "person in charge of a premises" means the
occupant of that premises.
(b) a residential premises the owner of that premises
if the premises is unoccupied or if the owner
occupies that premises. If the owner does not
occupy that premises then the term "person in
charge of a premises" means the person managing
that premises for the owner; but if there is no
manager then the term "person in charge of a
premises" means the occupant of that premises.
(c) manufactured home parks is the owner of the
manufactured home park unless there is a manager of
the manufactured home park in which case it is the
manager.
(d) multi-person dwelling units and group-living units
the person to whom the occupants of that premises
pay or should pay the rent.
(16) "Premises" means any building, structure, area, or other
site generating or accumulating solid waste, and this
meaning shall be given its broadest interpretation.
“Premises” in the case of units in a duplex, triplex, or
quadplex means any dwelling unit therein, appurtenances
thereto, grounds, and facilities held out for the use of
tenants generally and any other area or facility which is
held out for use by the tenant.
(17) "Problem wastes " means:
(a) Soils removed during the cleanup of a remedial
action site, or a dangerous waste site closure or
other cleanup efforts and actions and which contain
harmful substances but are not designated dangerous
wastes, or
(b)dredge spoils resulting from the dredging of
surface waters of the state where contaminants are
present in the dredge spoils at concentrations not
suitable for open water disposal and the dredge
spoils are not dangerous wastes and are not
regulated by section 404 of the Federal Clean Water
Act (PL 95-217) as now existing and in accordance
with any amendments that may hereafter be made
thereto.
(18) "Putrescible waste" means solid waste which contains
material capable of being decomposed by micro-organisms.
(19) "Septage" means a semisolid consisting of settled sewage
solids combined with varying amounts of water and
dissolved materials generated from a septic tank system.
(20) "Solid waste" means all putrescible and nonputrescible
solid and semisolid wastes, including but not limited to
garbage, rubbish, ashes, industrial solid wastes, swill,
demolition and construction wastes, abandoned vehicles or
parts thereof, and discarded commodities. This includes
all liquid, solid and semisolid, materials which are not
the primary products of public, private, industrial,
commercial, mining, and agricultural operations. Solid
waste includes but is not limited to sludge from
wastewater treatment plants and septage, from septic
tanks, woodwaste, dangerous waste, and problem
wastes.
(21) "Solid waste collector" means any person licensed under
the provisions of Chapter 6.10 to remove, transport, and
dispose of solid waste from a premises.
(22) "Solid waste container" means a container that is
commonly referred to as a garbage can, trash can, and the
like which meets the criteria set forth in Section
5.40.050, and dumpsters and self-contained, liquid-tight
compacting solid waste containers.
(23) "Sludge" means a semisolid substance consisting of
settled sewage solids combined with varying amounts of
water and dissolved materials generated from a wastewater
treatment plant or other source.
(24) "Vector" means a living animal, insect, or other
arthropod which transmits an infectious disease from one
organism to another.
(25) "Waste recycling" means reusing waste materials and
extracting valuable materials from a waste stream.
(26) "Woodwaste" means solid waste consisting of wood pieces
or particles generated as a by-product or waste from the
manufacturing of wood products, handling and storage of
raw materials and trees and stumps.
(27) "Yard waste" means trees, limbs, stumps, grass trimmings,
sod, dirt, tree and bush prunings, and other types of
solid waste generally associated with yard clean-up
or maintenance. (Ord. 96-21 § 1, 1996; Ord. 96-10 § 1, 1996; Ord. 95-21 § 1, 1995; Ord. 93-18 § 1, 1993; Ord. 90-13 § 2,
1990).
5.40.030 Use of solid waste collector
--
Exceptions
.
(1) Use
. Except as provided in 5.40.030(2) and 5.40.030(3)
every person shal
l use a solid waste collector to remove
and transport solid waste from a premises.
(2) Exceptions
. Notwithstanding the provisions of subsection
(1),
(a) Nonregular or occasional basis. A person who is
not a solid waste collector may remove, transport,
and dispose of accumulations of solid waste from
their own premises or the premises of another
person on a non-regular or occasional basis for
disposal at a disposal facility or for waste
recycling if in doing so the person doing so would
not be required to have a certificate of
convenience and necessity issued by the Washington
State Utilities and Transportation Commission
pursuant to the provisions of Chapter 81.77 RCW as
now existing and in accordance with any amendments
that may hereafter be made thereto. Provided,
however, this exception does not excuse or exempt a
person in charge of a premises from complying with
the mandatory requirement of regular solid waste
removal from a premises by a solid waste collector
as required in this Chapter.
(b) Abandoned vehicles. Removal of abandoned vehicles
or parts thereof is not the responsibility of a
solid waste collector, but may be removed from a
premises and disposed of pursuant to the provisions
of Chapter 12.30 PCC as now existing and in
accordance with any amendments that may hereafter
be made thereto.
(c) Construction and demolition waste. Construc
tion and demolition waste from a premises may be
removed, transported, and disposed of at a disposal
facility by the person in charge of a premi
ses or someone acting at that person's direction, or it
may be removed by a solid waste collector.
(d) Dead animals. Every person in charge of a premises
upon which a dead animal is located shall
immediately cause the carcass to be
(i) preserved
or interred so as to be incapable
of attracting or providing food for vectors;
or,
(ii) delivered to an appropriate facility for
scientific or educational study purposes; or,
(iii) cremated; or,
(iv) removed for disposal by the city animal
control officer.
A solid waste collector is not responsible for
removing the carcass of a dead animal from a
premises.
(e) Dangerous wastes. Dangerous wastes shall not be
removed from a premises by a solid waste collector
regularly servicing that premises un
less the solid waste collector has agreed with the person in
charge of a premises to do so and that person has
complied with the requirements for removal, if any,
of the solid waste collector. Otherwise, removal,
transporting, and disposal of dangerous wa
stes is the responsibility of the person in charge of a
premises.
(f) Problem wastes. Problem wastes shall not be
removed from a premises by a solid waste collector.
Removal, transporting, and disposal of problem
wastes is the responsibility of the
person in charge of a premises.
(g) Septage. Septage shall not be removed from a
premises by a solid waste collector. Removal,
transporting, and disposal of septage is the
responsibility of the person in charge of a
premises.
(h) Yard waste.
Yard waste from a premises may be
removed, transported, and disposed of by the person
in charge of a premises or someone acting at that
person's direction, or it may be removed by a solid
waste collector.
(3) Exception
--
Recyclable solid waste
. Notwithstanding the
provisions of subsection (1), the person in charge of a
premises or a person generating recyclable solid waste
may, without using the services of a solid waste
collector,
(a) remove recyclable solid waste from a premises and
dispose of it for waste recycling.
(b) arrange for the removal of recyclable solid waste
from a premises and disposal of it for waste
recycling.
(4) Provided, however, that the solid, yard, and recyclable
waste removed from a premises for disposal or waste
recycling pursuant to the exceptions set forth in
subsections (2) and (3) shall be loaded and transported
so that the contents of the load does not leak, blow, or
fall from the load when it is transported. (Ord. 90-13 § 3, 1990).

5.40.040 Frequency of solid was
te collection and removal.
Regular and additional collections and removals
.
Exception
.
Meaning of solid waste
.
(1) Regular collections and removals
. Solid waste shall not
accumulate on any premises located in any zone district
to which the provisions
of this Chapter are applicable
for more than eight calendar days. Every person in
charge of a premises shall collect all solid waste and
arrange with a solid waste collector to have it removed
from that premises on a regular basis consistent with the
provisions of this Section 5.40.040.
(2) Additional collections and removals
. Any time between
regular collections more solid waste accumulates on a
premises than can be contained within the solid waste
containers located on that premises, extra collections
and removals must be arranged for by the person in charge
of the premises.
(3)
Exception
--
compacting solid waste containers.
A person in charge of a premises where solid waste from that
premises is collected in a self-contained, liquid-tight,
compacting solid waste container shall have the solid
waste removed from that container on an on-call basis by
a solid waste collector as necessary to meet the
standards of the Whitman County Health Department.
(4)Meaning of solid waste
. The term "solid waste"
as used in this section is not intended to include
(a) abandoned vehicles, dead animals, problem wastes,
or septage the responsibilities or procedures for
the removal and disposal of which are provided for
under the provisions of 5.40.030(2)(b), (2)(d),
(2)(f), and (2)(g).
(b) dangerous wastes unless the provisions of 5.40.030
(2)(e) have been satisfied.
(c) solid waste for waste recycling the removal and
disposal of which is provided for under the
provisions of 5.40.030(3) and 5.40.060(3)(c).
(Ord. 90-13 § 4, 1990).

5.40.050 Solid waste containers
--
Specifications
. Each solid
waste container used for removal of solid waste pursuant to the
provisions of 5.40.040 shall
(1) be constructed of metal or plastic.
(2) be water-tight and rodent-proof.
(3)have a tight-fitting lid or lids.
(4)have two handles.
(5)have a capacity of not less than ten nor more than
ninety-five (95) gallons, unless it is a dumpster or a
self-contained, liquid-tight, compacting solid waste
container in which case it shall have a capacity and
style compatible for handling by the equipment of the
solid waste collector removing solid waste from that
dumpster or container. If a solid waste container other
than a dumpster or a self-contained liquid-tight,
compacting solid waste container, has a capacity greater
than 32 gallons, it shall be of a type that can be
emptied by a solid waste collector using an automated
system. (Ord. 96-21 § 2, 1996; Ord. 90-13 § 5, 1990).

5.40.060 Solid waste containers
--
Required. Use. Exceptions.
The following provisions are applicable to solid waste containers
for removal of solid waste pursuant to the provisions of 5.40.040.
(1) Required
. The person in charge of a premises shall keep
a sufficient number of solid waste containers on that
premises
for the collection of solid waste from that
premises. A sufficient number of solid waste containers
is that number which will allow solid waste to be
collected and removed from the premises consistent with
the provisions of subsections (2) and (3) of this
section.
In interpreting the requirements of this subsection (1),
it shall be understood that
(a) when a premises is a unit of a duplex, triplex, or
quadplex, service for the collection of solid waste
from that premises may be shared with one or more
of the other units of the duplex, triplex, or
quadplex if the shared service is obtained by the
use of a dumpster or a self-contained, liquid-tight
compacting solid waste container as opposed to a
garbage can for shared service which is not
allowed, except as provided in subparagraph 1(c).
(b) the residents of a unit or units of one duplex,
triplex, or quadplex complex may share solid waste
collection service with residents of another unit
or units in a different duplex, triplex, or
quadplex complex if a dumpster or self-contained, liquid-tight, compacting solid waste container as
compared to a garbage can is used for solid waste
collection; and the duplexes, triplexes, or
quadplexes are located on adjoining properties, and
are owned by the same person. In
no case may any combination of duplex, triplexes, or quadplexes
greater than two (2) buildings share solid waste
collection service, except as provided in subpara-graph 1(c).
(c) Two units of a duplex, triplex, or quadplex may
share the use of a sixty-eight gallon solid waste
container of a type that can be emptied by a solid
waste collector using an automated system. A
sixty-eight gallon solid waste container may not be
shared by any more than two units of a duplex,
triplex, or quadplex.
(d)shared service allowed under (a) or (b) above does
not relieve the person in charge of a premises that
includes a duplex, triplex, or quadplex from the
requirement that each unit thereof shall be a rate
payer in the mandatory curbside recycling program.
(2)Use
. The person in charge of a premises shall assure
that
(a)all solid waste is collected from that premises.
(b)except as provided in subsection (3), all solid
waste is deposited in solid waste con
tainers, and under no circumstances is garbage deposited in any
container other than a solid waste container.
(c) hot ashes are not deposited in solid waste
containers.
(d) solid waste containers other than dumpsters and
self-contained, liquid-tight, compacting solid
waste containers do not weigh more than seventy-five pounds when full.
(e) each lid to a solid waste container is tightly in
place at all times except when solid waste is being
placed in or removed from the solid waste
container.
(f) the contents of each solid waste container flows
freely from it at the time it is emptied by a solid
waste collector using the normal method of emptying
that particular type of solid waste container.
(g) solid waste containers are properly and timely
placed for collection of solid waste on the
premises and removal of solid waste from the
premises.
(3)Exceptions
.
(a)Boxes and crating
. Large wooden, cardboard, and
synthetic boxes and crating that will not collapse
to a size which easily fits into the largest solid
waste container on the premises may be left near a
solid waste container for removal and disposal by a
solid waste collector,
(i) if they are collapsed and bundled to a size
and weight which allows all of the bundle to
be easily picked up by a solid waste
collector; and,
(ii) if the bundle is sufficiently secured for it
and its contents to remain in place until
picked up by a solid waste collector.
(b) Prunings
. Prunings of trees, bushes, and other
vegetation, and other yard waste that do not easily
fit into the largest solid waste container on
the premises may be left near a solid waste container
for removal and disposal by a solid waste
collector,
(i) if they are cut and bundled or packaged to a
size and shape which allows all of the bundle
or package to be easily picked up by a solid
waste collector; and,
(ii) if the bundle or package is sufficiently
secured for it and its contents to remain in
place until picked up by a solid waste
collector.
(c) Recyclable solid waste
. The recycling of
recyclable solid waste materials is highly
encouraged.
Curbside pickup of recyclable solid
waste is the most efficient method of accom
plishing this recycling goal. Solid waste for waste
recycling such as glass containers, aluminum and
tin cans, plastic containers, cardboard, newspapers, and other commer
cially marketable items for
which the solid waste collector serving that pre-mises has a market and is willing to remove and
dispose of may be collected by a solid waste collector. A solid waste collector whose tariffs have
been approved by the Washington
Utilities and Transportation Commission to include fees for
collecting and recycling recyclable materials may
charge those fees. Collection shall be in accordance with the provisions of Section 5.40.085. (Ord. 12-9§1,2012; Ord. 97-27 § 1, 1997; Ord. 96-21 § 3,1996; Ord. 95 - 21 § 2, 1995; Ord. 93-18 § 2, 1993; Ord. 90-13 § 6, 1990).

5.40.070 Solid waste containers other than dumpsters and
self-contained, liquid-tight, compacting solid waste containers
--
Location and time of placement for solid waste removal
.
(1) Location
. Solid waste containers other than dumpsters
and self-contained, liquid-tight, compacting solid waste
containers shall be placed as follows for curbside and
alley removal:
(a) For premises with level planting strips or
driveways, in the
planting strip or driveway and
within five feet of the curb, or in the street
against the curb.
(b) For premises with sidewalks but no planting strips
or for premises with no sidewalks, within five feet
of the curb, or in the street against the curb.
(c) For premises where solid waste removal service is
accessed on an alley, away from the alley but
within five feet of the edge of the traveled
portion of the alley.
(2) Time of placement
. Solid waste containers other than
dumpsters and self-contained, liquid-tight, compacting
solid waste contain
ers shall not be placed in the
locations for solid waste removal prior to twenty-four
hours before scheduled solid waste removal and shall be
removed from those locations within twenty-four hours
after solid waste
removal. (Ord. 96-21 § 4, 1996; Ord. 90- 13 § 7, 1990).

5.40.080 Solid waste containers, dumpsters and self-contained, liquid-tight, compacting solid waste containers
--
Location for collection and solid waste removal. Screening
.
(1)
Location
. Dumpsters
and self-contained, liquid-tight,
compacting solid waste containers shall be placed as
follows for solid waste collection and removal:
(a)
If on property that is not within a public right-of-way, in a location that is convenient to the
solid waste collect or for removal of the solid
waste.
(b)
If on property that is within the public right-of-way, either on the planting strip or within a
driveway area when placement of the dumpster or a
self-contained, liquid-tight, compacting solid
waste container on the property is impractical due
to site configuration or topography. Placement of
a dumpster or a self-contained, liquid-tight,
compacting solid waste container in the public
right-of-way shall not obstruct a vision clearance
area as defined in Subsection 17.
35.020(3) PCC, or
be placed in a pedestrian clearance area or a
sidewalk clearance area as defined in Subsections
11.50.010(4) and 11.50.010(7) PCC.
(c)
Where solid waste removal service is ac
cessed on an alley, away from the alley but within five feet
of the edge of the traveled portion of the alley.
(2)
Screening
. Dumpsters and self-contained, liquid-tight,
compacting solid waste containers serving structures for
which building permits are issued after August 20, 1990
that are placed
(a)
on property that is not within the public right-of-way shall be screened on three sides by a building,
sight-obscuring fence, landscaping, or combination
thereof to the satisfaction of the city planner
consistent with the standards set forth in Section
17.45.067 PC
C.
(b)
within the public right-of-
way shall be screened on
four sides by a building, sight-obscuring fence,
landscaping, or combination thereof to the
satisfaction of the city planner consistent with
the standards set forth in Section 17.45.067 PCC.
(c)
Enforcement, reviews, and appeals of the screening
require
ments set forth in (2)(a) and (2)(b) shall
be made in accordance with the provisions of
Chapter 17 PCC. (Ord. 90-13 § 8, 1990).
5.40.085 Recycling programs
--
Low-density residential, High-density
residential
. Collection of recyclable solid waste from
(1)
low-density residences shall be conducted in accordance
with the provisions of this sub-section (1).
(a)
The solid waste collector shall deliver recycling
containers to all low-density residences within the
city.
Containers shall be capable of holding all
materials to be collected
(i)
Materials may be commingled or segregated as
preferred by the solid waste collector.
(ii)
Set-outs that the solid waste collector
determines are contaminated or improperly
commingled shall not be collected, but shall
be tagged by the solid waste collector with
instructions for proper preparation. If the
uncollected material is not properly prepared
at the time of a following collection of
recyclables, then it shall be collected the
same as other solid waste.
(iii)
Materials placed in recycling containers shall
remain the property of the generator until
such materials are collected by the solid
waste collector. Removal of such materials
from these containers by persons without the
permission of the generator shall be deemed a
civil infraction.
(iv)
Containers provided by a solid waste collector
shall remain at the assigned premises and
unauthorized removal shall be deemed a civil
infraction.
(b)
Recyclable collection shall be offered at least
once every two weeks.
(c)
Collected materials will be recycled unless market
conditions make recycling impossible or not
feasible.
(d)
Recycling containers supplied by a solid waste
collector shall be owned by
and be the property of
the solid waste collector. The cost of recycling
containers shall be included in the collection
tariff. Containers damaged by the solid waste
collector shall be replaced and delivered by the
solid waste collector at no cost to the
customer.
All containers furnished under circumstances other
than those previously described herein shall be
provided to a customer at a price equal to the
solid waste collector's current cost, including any
shipping and handling charges, and taxes, and the
customer shall be responsible for paying these
costs.
(e)
The solid waste collector shall incorporate
information on the prevention of container theft
and damage in its promotional materials.
(f)
The solid waste collector shall structure its
tariffs so that,
(i)
a "mini-can" (20 gallon) weekly solid waste
collection service is established; and,
(ii)
all low-density residences are rate-paying
participants in order to minimize the cost to
all residents, regardless of whether they make
use of the service. Use of the service is not
required; however, such non-use shall not
reduce or eliminate recyclable collection
service rates.
(2)
high-density residences shall be conducted in accordance
with the provisions of this sub-section (2)
(a)
The solid waste collector shall contact each person
in charge of a premises occupied by high-density
residences in the city to determine the amount,
type, and location of recycling containers to be
delivered to said premises. The solid waste
collector shall deliver recycling containers to
each premises where the person in charge of the
premises has requested them.
(i)
Materials may be commingled
or segregated as
preferred by the solid
waste collector.
(ii)
Set-outs that the solid waste collector
determines are contaminated or improperly
commingled may be either collected as
recyclable material or solid waste at the
discretion of the solid waste collector.
(iii)
Materials placed in recycling containers shall
remain the property of the person in charge of
a premises until such materials are collected
by the solid waste collector. Removal of such
materials from these containers by persons
without the permission of the person in charge
of a premises shall be deemed a civil
infraction.
(iv) Containers provided by a solid waste collector
shall remain at the assigned premises and
unauthorized removal shall be deemed a civil
infraction.
(b)
Recyclable collection shall be offered at least
once each month.
(c)
Collected materials will be recycled unless market
conditions make recycling impossible or not
feasible.
(d)
Recycling containers supplied by a solid waste
collector shall be owned by and be the property of
the solid waste collector. The cost of recycling
containers shall be included in the collection
tariff
. Containers damaged by the solid waste
collector shall be replaced and delivered by the
solid waste collector at no cost to the customer.
All containers furnished under circumstances other
than those previously described herein shall be
provided to the person in charge of a premises at a
price equal to the
solid waste collector's current
cost, including any shipping and handling charges,
and taxes, and the person in charge of a premises
shall be responsible for paying these costs.
(e)
During the months of January and August each year,
the solid waste collector shall distribute to all
premises occupied by high-density residences
written materials designed to promote recycling in
high-density residences and to instruct occupants
of high-density residences as to the proper means
of participating in the recycling program.
(f)
The solid waste collector shall structure its
tariffs so that all persons in charge of premises
occupied by high-density residences are rate-paying
participants in order to minimize the cost to all
persons required to subscribe for this service,
regardless of whether they make use of the service.
Use of the service is not required; however, such
non-use shall not reduce or eliminate recyclable
collection service rates. (Ord. 12-9 § 2,2012; Ord. 95-21 § 3, 1995)

5.40.090
Variances for placement of solid waste containers,
dumpsters, and self-
contained, liquid-tight, compacting solid waste
containers.
(1)
Variances allowed
. A person in charge of a premises may
apply to an enforcement officer for a variance from the
requirement that a soli
d waste container be placed as
required in 5.40.070 (1)(a), (1)(b), or (1)(c), or that a
dumpster or self-contained, liquid-tight, compacting
solid waste container be placed as required in 5.40.080
(1)(a), (1)(b), or (1)(c) if:
(a)
topography, landscaping, or extraordinary
circumstances preclude the use of the required
location; or,
(b)
use of the required location would be impractical
under the circumstances.
(2)
Application review, decision, and appeal
. The application shall state the location required and the
location or alternate location(s) the applicant desires
for placement of a solid waste container, dumpster, or
self-contained, liquid-tight, compacting solid waste
container. Upon receipt of the application, the
enforcement officer shall review the request in the
application considering
(a)
the merits of the request in relation to the
criteria set forth in subsubsections (1)(a) and
(1)(b) of this section; and,
(b)
other laws and regulations, if any, known to the
enforcement officer to be applicable to the
request; and,
(c)
the opinion of the solid waste collector servicing
that premises as to the feasibility of the request;
and,
(d)
any other information the enforcement officer
believes material.
Within ten calendar days after receipt of the
application, the enforcement officer may grant the
applicant's request with or without conditions, select a
different location or alternate location(s) than the
location(s) requested with or without conditions and
specify the reason(s) for selecting the
different
location(s), or deny the request and specify the reasons
therefore. The decision of the enforcement officer shall
be final unless within ten calendar days after receipt of
the decision, the applicant files a written request for a
hearing with the director of public services for a review
of the decision. (Ord. 90-13 § 9, 1990).

5.40.100 Placing solid waste from another premises in a solid
waste container
. No person shall place in a solid waste container
solid waste from a premises other than t
he premises on which the
solid waste container is located, unless the person in charge of a
premises on which the solid waste container is located has given
the person permission to do so. (Ord. 90-13 § 10, 1990).

5.40.110
Procedure for enforcement
.
Penalties
.
Presumption
.
Enforcement personnel
. Upon determination by the enforcement
officer that a violation of this chapter has occurred, the
procedure shall be enforced as follows:
(1)
Warning. An enforcement officer may issue a written
warning notifying the responsible person or the occupant
at the premises where the violation has occurred, that
probable cause exists that a violation has occurred
and warn that if subsequent violations
occur, a notice of violation will be issued.
(2)
Notice of violation. If a violation of this chapter
occurs, and the enforcement officer has probable cause to
believe a violation has occurred, the enforcement officer
may, without the need for a warning, issue a notice of
violation to the person responsible
or the occupant where
the violation has occurred for the violation.
(a)
A person receiving a notice of violation shall have
ten (10) calendar days to appeal the notice of
violation to the city's hearing officer by filing
the appeal with the Director of Public Services.
(b)
The hearing shall be informal. At the conclusion
of the hearing, the Director, or designee, shall
provide a written decision and the reasons
therefore. The decision of the Director, or
designee, may cancel the violation, mitigate the
violation, or issue a notice of infraction.
(c)
If the person to whom a notice of violation is
issued fails to appeal, then a notice of infraction
shall be issued.
(3)
Notice of infraction.
(a)
For a first infraction of a provision of this
Chapter as set forth
in subsection (1), the
infraction shall be a Class 3 civil infraction as
classified in Section 1.02.020 PCC for the purpose
of determining the amount of a penalty forfeiture.
(b)
For a second infraction of the same provision of
this Chapter as set forth
in subsection (1)
occurring within a twelve-month period from the
date of the first infraction, the second infraction
shall be a Class 2.5 civil infraction as classified
in Section 1.02.020 PCC for the purpose of
determining the amount of a penalty forfeit
ure.
(c)
For a third and subsequent infractions of the same
provision of this Chapter as set forth in
subsection (1) occurring within a twelve-month
period from the date of the first infraction, each
infraction shall be a Class 2 civil infraction as
classified in Section 1.02.020 PCC for the purpose
of determining the amount of each penalty
forfeiture.
(4)
Presumption
. In any action brought to enforce the
provisions of 5.40.030(1) or 5.40.040 the fact that the
premises is receiving water service from the city shall
be prima facie evidence and raise a rebuttable
presumption that solid waste is being generated on that
premises for which regular removal service by a solid
waste collector is mandatory.
(5)
Enforcement personnel
. Enforcement of the penalty
provisions of this section may be by any police officer
or an enforcement officer; provided, however, an
enforcement officer shall not enforce the provisions of
5.40.080(2). (Ord. 98-1 § 1, 1998; Ord. 95-21 § 4, 1995;Ord. 90-13 § 11, 1990).

5.40.120 Collection and removal of solid waste. Failure
--
costs, lien.
(1)
A person in charge of a premises is required to collect
or cause to be collected solid waste from that premise
and provide for its removal from the premise by a solid
waste collector consistent with the provisions of
Sections 5.40.030 and 5.40.040.
(2)
In addition to the penalties set forth in Section
5.40.110, if an enforcement officer determines that the
requirement set forth in subsection (1) of this section
is not being satisfied, the enforcement officer may serve
written notice in person or by certified mail, return
receipt requested, on the person in charge of the
premises; or if that person is not the owner, then the
notice shall be served as previously specified on both
the owner and person in charge of the premises stating
(a)
the legal description of the premises on which the
alleged violation is occurring; and,
(b)
the specific nature of that violation; and,
(c)
the section of this Chapter alleged to be violated;
and,
(d)
that if
the solid waste is not collected and/or
removed from the premises within eight calendar
days after receipt of the notice, the enforcement
officer will cause the solid waste to be collected
and removed from the premises and the charges and
administrative costs thereof as established by
resolution of the City Council will be billed to
the owner and if not paid within sixty calendar
days following the date of the collection and/or
removal shall become a lien against the pre
mises as provided for in R.C.W. 35.
21.130 through R.C.W.
35.21.150.
(3)
The owner or person in charge of a premises served with
the notice provided for in subsection (2) of this section
who wishes to dispute the decision of an enforcement
officer shall appeal the decision of the enforcement
officer by filing with the director of public services a
written request for a hearing within eight calendar days
after receipt of the written notice.
(4)
If
(a)
the solid waste has not been collected and/or
removed from the premises as directed
in the notice
required by the provisions of subsection (2) of
this section, and
(b)
a request for a hearing has not been filed pursuant
to the provisions of subsection (3) of this
section,
the enforcement officer shall proceed with reasonable
diligence to have the solid waste collected and/or
removed and the lien provided for in R.C.W. 35.21.130
through R.C.W. 35.21.150 effected if the charges and
costs thereof incurred by the city are not paid within
sixty calendar days of the date of the collection
and/or removal.
(5)
An owner or person in charge of a premises served with
the notice provided in subsection (2) of this section and
for whom collection and/or removal action has been taken
as provided for in subsection (4) of this section who
wishes to dispute the cost of the collection and/or
removal shall file with the director of public services
within sixty calendar days of the date of the collection
and/or removal a written request for a hearing.
Provided, however, that the filing of a written request
for a hearing shall not stay the process of perfecting
the lien provided for in R.C.W. 35.21.130 through R.C.W.
35.21.150. (Ord. 90-13 § 12, 1990).

5.40.140 Entry upon Premises
. The director of public
services, or his or her designee, and an enforcement officer in the
performance of duties under this Chapter may go upon any premises
located within the city at any reasonable time for any reason
necessary to effectuate the purposes of this Chapter. (Ord. 90-13 § 14, 1990).

5.40.150 Severability
. The provisions of this Chapter are
hereby declared to be severable. If any section, subsection,
sentence, clause, or phrase of this Chapter or its application to
any person or circumstance is for any reason held to be invalid or
unconstitutional, the remainder of this Chapter shall not as a
result of said section, subsection, sentence, clause, or phrase be
held unconstitutional or invalid. (Ord. 90-13 § 15, 1990).