Sanitation Ordinance

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Last Updated on Thursday, 08 January 2015 16:18

 

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 solidwaste removal. Screening.

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

 5.40.090
Variances for placement of solid waste containers, 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 occupied 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, non-dangerous solid wastes 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 premises, 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 shall 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. Construction and demolition waste from a premises may be removed, transported, and disposed of at a disposal facility 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.
(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 wastes 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 waste 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 containers, 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 accomplishing this recycling goal. Solid waste for waste recycling such as glass containers, aluminum and tin cans, plastic containers, cardboard, newspapers, and other commercially marketable items for which the solid waste collector serving that premises 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 containers 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 accessed 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 PCC.
(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
requirements 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 solid 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 subsections (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 the 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 forfeiture.
(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 premises 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).