HomeMy Public PortalAboutORD-CC-2004-06EXHIBIT B
ORDINANCE NO.2004- 06
AMENDING CHAPTER 8.04 OF THE MOAB MUNICIPAL CODE REGARDING
SOLID WASTE COLLECTION
WHEREAS the City of Moab is authorized pursuant to Utah law to protect public health
and safety by regulating the accumulation and collection of solid waste;
WHEREAS the City from time to time finds it necessary to update and harmonize its
ordinances to conform with current practices; and
WHEREAS the City is in the process of negotiating an extended solid waste collection
franchise agreement with the current solid waste contractor;
IT IS ENACTED AS FOLLOWS:
Chapter 8.04 of the Moab Municipal Code is hereby repealed and replaced with the
following:
ARTICLE I. SOLID WASTE COLLECTION
8.04.010 Definitions. The following definitions shall apply to this Chapter.
a. "Approved Container" means containers approved by the City in its solid waste rate
resolution which are designed and suitable for automated solid waste collection.
b. "Approved Commercial Garbage Containers" means Contractor furnished commercial
bins (two -yard minimum capacity). These containers are designed for automated
collection. All containers have permanently attached, tight -fitting lids, and will meet all
State of Utah Department of Health regulations.
c. "Approved Residential Garbage Containers" means 95-gallon containers provided by the
City. These containers are designed specifically for automated collection, and are
equipped with wheels for easy movement by residents and other City users. All
containers have permanently attached, tight -fitting lids. Such containers may be referred
to as "Standard".
d. "Automated Collection" means solid waste collection using specialized trucks capable of
lifting and emptying specially designed solid waste receptacles.
e. "Business" shall be defined to mean a location or structure lawfully used or occupied, on
either a temporary or permanent basis, for purposes of carrying on a trade or profession
for a profit.
f. "Centralized Collection" shall be defined to mean a group of residences, as defined in this
Chapter, receiving solid waste collection at a single point utilizing a dumpster or other
approved container, rather than individual cans kept by each dwelling.
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"City" shall be defined to mean the City of Moab and all territory within its municipal
limits as same may change from time to time.
h. "Commercial" shall be defined to mean all classes of customers receiving solid waste
collection service which, however denominated, are not classified as a residence,
including, without limitation, offices, restaurants, hotels, resorts, motels, campgrounds,
inns, government buildings, churches, hospitals, schools, meeting facilities, retail
establishments, industrial facilities, workshops, warehouses, garages, businesses or any
other type of non-residential land use.
i. "Contractor" means the person authorized by contract with the City to collect and dispose
of solid waste generated within the City limits.
J.
"Residence" or "Residential" as applied in this Chapter shall be defined to mean those
solid waste customers consisting of a house, apartment, town home, condominium,
mobile home, or other structure which is lawfully occupied as a human dwelling, but
excluding hotels, motels, inns, or other dwellings lawfully operated as overnight
accommodations.
k. "Solid Waste" shall be defined to mean commercial or residential garbage, refuse, trash,
or other discarded material, including liquids and semi -solid materials such as food
scraps, rags, cardboard, yard waste, glass, paper, plastics, or wood, but excluding the
types of waste described in subsection (1), below.
1. "Special Waste" shall be defined to mean the following materials:
1. medical or infectious waste;
2. animal carcasses;
3. discarded appliances;
4. construction debris;
5. motor vehicles;
6. sewage, sludge, or septage;
7. explosives;
8. toxic or hazardous wastes as defined by Utah or federal law;
9. materials collected for recycling;
10. used motor oil;
11. mining slag, drilling mud, or other wastes from mineral extraction
or industrial operations;
12. ashes or other material which is combusting;
13. bulky materials which cannot be collected by the Contractor using
automated collection pursuant to the terms of the franchise
agreement;
14. restaurant grease; and
15. large metal objects;
8.04.020 Mandatory Collection. Solid waste shall only be collected within the city limits
by the approved Contractor pursuant to the terms of a solid waste collection franchise agreement
with the City. As defined in this Chapter 8.04, every residence or commercial establishment
shall be required to receive and pay for solid waste collection services from the City. Nothing in
this Chapter shall be construed to prohibit a person from hauling residential or commercial solid
waste or special waste generated from a location owned by that person to an authorized disposal
facility, provided that the owner shall at all times remain liable for solid waste collection service
charges assessed by the City pursuant to this Chapter.
8.04.030 Rates and Charges. Rates for solid waste collection shall be established and
modified from time to time by the City Council. Every solid waste customer within city limits,
whether residential or commercial, receiving culinary water or sewer service from the City, shall
be billed for solid waste service together with water or sewer service charges. As provided for
water and sewer service charges, the owner of every property required to receive solid waste
collection services shall be required to execute an application agreeing to be liable for all charges
for service. In the event that a property owner fails or refuses to pay for solid waste service, the
City shall be authorized to discontinue providing solid waste service and to disconnect the
culinary water service connection to the property until all accrued charges have been paid in full.
Prior to terminating service, the City shall deliver a written notice of default to the owner
advising that if payment is not made in full by a date specified, that the City will discontinue
solid waste and culinary water service to the property. Any person wishing to contest a notice
issued under this Section may request a hearing before the City Council pursuant to Section
8.04.100.
a. Solid waste charges may be suspended for residential customers for periods of
time in excess of thirty days when the residence is unoccupied, provided that the
property owner provides written notice to the City Treasurer of same. During the
period the residence is unoccupied, culinary water service and solid waste service
shall be suspended. In no case shall solid waste service be suspended pursuant to
this subsection during a time in which the residence also receives culinary water
service.
b. Each residential unit shall be billed separately for solid waste service, unless
centralized collection is authorized pursuant to Section 8.04.040. Rates assessed
on residential customers shall be assessed on a per unit basis.
c. In its discretion, the City may issue a refund to a customer due to a billing error,
retroactive to a maximum of three months (without proration) from the date the
correction is made.
d. The solid waste collection rate applicable to a given property shall be based upon
the type of land use, whether commercial or residential, regardless of the type of
container used by the customer. Properties with more than one land use shall be
charged the higher applicable rate.
8.04.040 Automated Collection and Point of Collection. All solid waste shall be deposited
into approved containers for automated collection by the Contractor. The point of collection
shall be at the curb of a public street or alley. In the event that the property of the customer is not
adjacent to a public street or alley, the customer shall place the container in the next most
accessible location acceptable to the Contractor, which may be on private property. Property
owners shall allow the Contractor reasonable access to their property for purposes of collection.
a. Centralized collection may be authorized by the City for residential customers
where site constraints make individual can service impracticable, and where there
is an individual property owner or entity that assumes liability for payment of all
solid waste collection services. The City shall provide said authorization in
writing. The rate owing for said service shall be based upon the centralized
collection rate multiplied by the number of residential units. Residential
customers utilizing centralized collection not authorized by the City shall pay the
standard residential rate.
8.04.050 Collection Schedule, Time of Placement. Collection of solid waste shall be
pursuant to schedules established by the City and Contractor, except that customers can request
and pay for additional pickups in accordance with approved rates as needed. Solid waste shall
not be placed out for pickup more than twenty four hours before a scheduled pickup. Empty cans
shall be promptly removed from the curb within twenty four hours of pickup.
8.04.060 Rules and Regulations. City staff may promulgate additional rules and regulations
as are necessary or appropriate to implement this Chapter. All such regulations shall be written
and available to the public.
ARTICLE II HEALTH AND SAFETY
8.04.070 Accumulations and Disposal on Property Prohibited. No owner or lessee of real
property shall knowingly allow or cause solid waste or special waste to be deposited, disposed, or
otherwise allowed to accumulate upon property which is not zoned and licensed as a storage or
disposal site.
a. Accumulations of solid waste or special waste as a result of ordinary commercial
or residential activities is permitted in advance of regularly scheduled pickups,
provided that all solid waste is housed in approved containers, and any special
waste is properly contained so as to prevent odors, fumes, leaks, dust, insects,
unsightly debris, animal infestations, or other hazardous conditions or nuisances.
8.04.080 Burning Prohibited. No person shall knowingly cause or allow solid waste or
special waste to be burned or incinerated within the City.
8.04.090 Dumping Prohibited. No person shall knowingly dump, leave, deposit, or release
solid waste or special waste upon any real property within the City, except in conformity with
local zoning requirements and applicable state and federal regulations.
8.04.100 Pre -enforcement Notice. Prior to commencing any civil enforcement or collection
proceedings for a default or other violations of this Chapter, the City shall first deliver written
notice to the affected person advising of the nature of the violation and allowing a reasonable
opportunity to cure or abate the violation, or request a hearing before the City Council. A person
wishing to contest a notice issued under this section may request a hearing by delivering written
notice to the City prior to the expiration of the cure period. A timely notice shall stay
enforcement proceedings until a hearing can be held. The City Council's decision shall be final
for purposes of seeking judicial review or enforcement. The exhaustion of this administrative
remedy shall be a jurisdictional prerequisite to a judicial action by any person challenging the
validity of any enforcement or administrative action by the City.
8.04.110 Abatement. In the event that a party fails to cure or abate a violation, the City
may, in its discretion, elect to remove or dispose of the offending solid waste or special waste.
The City, or its designee, shall be authorized to enter upon private property for the purpose of
removing or abating the violation. The owner of the real property shall be liable to the City for
all actual costs incurred in cleaning up or abating the violation.
8.04.120 Collection. In addition to all other remedies, the City may commence a civil
action to collect any sums owing pursuant to this Chapter, or to obtain mandatory injunctive
relief. In any injunctive proceeding the City need only prove the violation of the ordinance to
obtain injunctive relief.
a. In no instance shall an owner of real property be held liable for solid waste,
water, or sewer service charges incurred by a prior owner of the property.
b. In its discretion, the City may elect to commence a civil action to collect any debt
owing under this Chapter. In any civil proceeding where liability is imposed, the
City shall be entitled to recover its reasonable attorney fees and court costs, in
addition to the relief authorized by this Chapter.
8.04.130 Criminal Enforcement. In addition to all other remedies, any violation of this
Chapter shall be punishable as a criminal Class B misdemeanor, as provided under U.C.A., 76-3-
204 and 76-3-301. In any criminal enforcement proceeding the Court shall have jurisdiction to
assess costs, order restitution to victims, or require abatement of violations, as provided by law.
8.04.140 Successive Violations. Each day of a continuing or ongoing violation of this
Chapter may be prosecuted as a separate offense for purposes of all remedies authorized by this
Chapter.
PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in
open session this 30th day of November, 2004. This ordinance shall take effect
immediately upon passage.
CITY I MOAB
By:
Mayor David Sakrison
Attest:
Date
Rachel Ellison, City Recorder
2 2cm %(
Date
Proof i Publication
RECEIVED
1JAN - 4 2005
MOAB CIT)'
CITY OF MOAB
ORDINANCE
#2004-06
AN ORDINANCE
AMENDING
CHAPTER 8.04 OF
THE MOAB
MUNICIPAL CODE
REGARDING SOLID
WASTE
COLLECTION
Ordinance #2004-
06 was adopted at a
Special City Council
Meeting held on No-
vember 30, 2004 at the
Moab City Council
Chambers,115 W.200
So. Moab, Utah 84532.
Complete copies of
Ordinance #2004-06
are available at the City
of Moab Recorder's
Office at 115 W. 200
So. Moab, Utah 84532
/s/ Rachel Ellison,
City Recorder
Published in The
Times -Independent,
Moab, Utah on Decem-
ber 16 and 23, 2004.
STATE OF UTAH,
County of Grand,
1
ss.
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Ord. 2004-06
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made Dec . 16, 2004
;and the last on Dec. 23, 2004
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
Subscribed and sworn before me this
Notary Public
Residing at Moab, Utah
My Commission Expires
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