Chapter 8.12 - GARBAGE COLLECTION AND DISPOSAL*

The maintenance of health and sanitation requires, and it is the intention of this chapter to make the collection, removal, and disposal, of garbage and refuse within the town mandatory.

(Ord. 518 (part), 1999)

8.12.020 - Definitions.

As used in this chapter:

"Commercial establishment" means one or more businesses located within the same building under the control and ownership of a single entity.

"Commercial rubbish" means all solid wastes which originate in businesses, office buildings, stores, markets, theaters, housing complexes, multiple-family dwellings with three or more units, fruit processor or warehouse buildings, and other commercial buildings. Commercial refuse may be classified as either "garbage" or "rubbish."

"Contractor" means the party with whom the town has contracted to provide garbage collection and recycling pick-up services.

"Garbage" means all putrescible animal, fish, food, fowl, fruit, grain or vegetable matter resulting from the preparation, storage, handling, decay or use thereof, and all organic and inorganic waste.

"Person" means every person, firm, partnership, association, institution and corporation. The term also means the occupant and/or owner of the premises for which service mentioned in this chapter is rendered.

"Recyclable material" means all material which would otherwise be defined as garbage or rubbish, but which meet any of the following criteria:

Material required to be recycled under state, federal or county solid waste management plan.

"Refuse" means garbage or trash, or both.

"Rubbish" means all sweepings, cleanings, trash, litter, tin cans, broken crockery, glassware, wastepaper, waste building materials, containers, bottles, ashes, castoff clothing, metal, wire, and all other nonputrescible or other discarded material or debris.

"Yard waste" means grass clippings, leaves, weeds, trimmings from plants, trees and bushes. All yard waste to be collected as part of yard waste service shall fit in the contractor-specified containers.

(Ord. 637 § 2(a), 2008; Ord. 518 (part), 1999)

8.12.030 - Rules and regulations.

The mayor and town council are authorized to establish, from time to time, such rules and regulations pertaining to the collection and disposal of garbage, rubbish, recyclable materials, commercial refuse or yard waste as they deem advisable to implement the provisions of this chapter.

(Ord. 637 § 2(b), 2008: Ord. 518 (part), 1999)

8.12.040 - Garbage service mandatory.

A. It is unlawful for any person to dispose of any garbage, rubbish or refuse within the town except as provided in this chapter. Garbage and rubbish shall be collected from each occupied residential unit and commercial establishment at a minimum of once per week. Nothing shall prevent a person from delivering his or her garbage or rubbish material to a county landfill. Garbage service shall be mandatory for all occupied residential and commercial premises and the appropriate fee will be charged to the property owner of each such premises.

B. Drop box and twenty (20) yard container customers shall be exempt from the mandatory weekly pickup but such customers shall empty their containers a minimum of twice per month.

C. Yard waste shall not be considered garbage unless the user elects to dispose of it in garbage containers.

D. Recyclable materials may be delivered to a recycling center.

(Ord. 637 § 2(c), 2008: Ord. 518 (part), 1999)

8.12.045 - Yard waste service optional.

Property owners (both residential and commercial) may choose to have yard waste service from the contractor to dispose of yard waste. If property owners do not elect to have the contractor provide yard waste service, such property owners must either dispose of yard waste in garbage and rubbish containers, as outlined in this chapter, or dispose of yard waste at an appropriate county disposal facility. The town shall not be responsible for removing or disposing property owners' yard waste.

(Ord. 637 § 3, 2008)

8.12.060 - Exclusive collection procedure.

The collection, removal and disposal of all garbage and yard waste within the corporate limits of the town shall be performed exclusively by the town or its authorized garbage collector as provided for in this chapter, and it is unlawful for anyone except the town or its authorized garbage collector to collect refuse, garbage and/or yard waste within the town for compensation.

(Ord. 637 § 2(d), 2008: Ord. 518 (part), 1999)

8.12.070 - Time of collection.

All customers shall place refuse and/or yard waste containers in the proper collection site not later than six a.m. on the day of collection, and shall remove the refuse and/or yard waste containers from the collection site on the same day of collection.

(Ord. 637 § 2(e), 2008: Ord. 518 (part), 1999)

8.12.080 - Curb service.

Customers whose property is not adjacent to an alley shall be responsible for placing refuse and/or yard waste containers immediately adjacent to the abutting town right-of-way or the front curb line on collection day. In the event the garbage and/or yard waste contractor finds it necessary to have containers placed elsewhere, customers shall place the refuse and/or yard waste containers in an area deemed necessary by the contractor. The contractor shall give at least two weeks' written notice of any change in where containers should be placed for pickup.

(Ord. 637 § 2(f), 2008: Ord. 518 (part), 1999)

8.12.090 - Containers.

A. No commercial refuse, garbage, rubbish, recyclable material or yard waste shall be disposed of within the town except by depositing the same into a privately owned container, as provided by the contractor or approved by the contractor.

B. Containers shall be placed on a hard level surface, or as otherwise instructed by the contractor.

C. The lids on all containers shall be kept closed at all times except when being filled or emptied. Containers shall not be filled above the top edge. There may be an additional charge for items placed outside, on top of, or exceeding the container amount, as determined by the contractor.

D. Commercial refuse, rubbish, garbage, recyclable materials, yard waste and other waste material shall not be thrown, littered, or placed on any premises, street or alley, public or private property, or allowed to remain there by the owner, occupant or person in control of the premises.

E. No person shall deposit refuse, garbage, rubbish, or yard waste in a container owned, controlled or possessed by another person without prior written permission by the mayor and/or his or her designee.

(Ord. 637 § 2(g), 2008: Ord. 518 (part), 1999)

8.12.100 - Owner to furnish cans.

A. The property owner or person in charge of, or in possession of any property or premises within the town wherein rubbish, garbage or yard waste originates, shall at all times keep or cause to be kept sufficient containers for the disposal of rubbish, garbage and yard waste, and shall deposit or cause to be deposited therein such rubbish, garbage, and yard waste, except as provided herein.

B. It shall be the responsibility of the property owner or person in charge of the property to supply the property with the proper container(s) as dictated by the contractor. The contractor may require property owners to purchase contractor-approved containers to facilitate garbage and yard waste removal. Property owners shall purchase such contractor-approved containers if necessary.

(Ord. 637 § 2(h), 2008: Ord. 518 (part), 1999)

8.12.110 - Specifications of cans.

A. The containers' specifications shall be as required by the contractor. The lids of all containers shall be open only when necessary to place rubbish, garbage, and yard waste in the cans or to take same therefrom. When garbage, refuse, and yard waste is placed therein, such lids shall be closed by the person placing the same therein.

B. In the event the contractor requires a different size or style container, at any time, the property owner shall use the contractor-required container.

C. All containers shall be kept in a sanitary condition with the insides and outsides clean and free from accumulating grease and decomposing matter. Weight of the container and its contents shall not exceed sixty-five (65) pounds, or an amount deemed acceptable by contractor.

D. The contractor shall place tags on containers found to be in violation of this section and notify the mayor or his or her designee. Two or more violations of this section shall subject the person to penalties found in Chapter 1.16 of the Naches Municipal Code.

(Ord. 637 § 2(i), 2008: Ord. 518 (part), 1999)

8.12.120 - Containers to be stored on private property.

No cans shall be kept or stored on any public alley, street or right-of-way in the town. In blocks in which there are alleys, the cans shall be kept on private property in a convenient and accessible location to the alley. In blocks in which there are no alleys, the cans shall be stored on private property accessible to the street without interfering with the convenient, sightly and sanitary enjoyment of the property.

(Ord. 518 (part), 1999)

8.12.130 - Containers to be animal proof.

The owner or the person in charge of the property shall maintain the place where the cans are located in a clean and sanitary condition, and shall at all times prevent the cans from being upset or spilled by dogs or any source whatsoever. If necessary, the cans shall be so secured as to render them inaccessible to animals.

(Ord. 518 (part), 1999)

8.12.140 - Customer responsibility.

Customers shall keep their refuse containers clean to prevent an odor or nuisance. The customer shall at all times maintain the location of containers in a clean and sanitary condition.

(Ord. 518 (part), 1999)

8.12.150 - Tampering with containers prohibited.

It is unlawful for any person other than the person in possession, charge or control of any premises, authorized employees of the town, or contract garbage collectors, to remove or lift the covering of any garbage cans or to tamper with or remove any articles or material whatsoever from the cans.

(Ord. 518 (part), 1999)

8.12.160 - Liability for damage to containers.

The user shall be responsible for damages to, or theft of, garbage and/or yard waste containers owned by the contractor, and shall reimburse the contractor for the costs of repairs or replacements, which costs shall be billed by the contractor.

(Ord. 637 § 2(j), 2008: Ord. 518 (part), 1999)

8.12.170 - Garbage to be wrapped.

All garbage, before deposit in the can as herein above provided, shall be drained and wrapped in paper or other material in such a manner as to prevent as nearly as possible moisture from the garbage from coming in contact with the sides or bottom of the metal or plastic container.

(Ord. 518 (part), 1999)

8.12.180 - Disposal of other materials.

Waste matter other than commercial refuse, rubbish, garbage, recyclable materials, and yard waste, as defined herein, and any excess amounts or large items not fitting within the containers required herein, shall be transported and disposed of outside the town limits by or at the expense of the owner, occupant, or person in charge of the premises where such waste matter is located, to a public dump site as may be authorized by Yakima County.

(Ord. 637 § 2(k), 2008: Ord. 518 (part), 1999)

8.12.190 - Dead animals.

Except for culinary purposes, no person shall permit the carcass of any dead animal, bird, fowl or fish owned or kept by him/her to remain within the town limits for more than twenty-four (24) hours after the discovery of the death thereof. The carcass of any dead animal shall not be placed in any container to be picked up by the contractor.

(Ord. 518 (part), 1999)

8.12.200 - Dumping on property.

It is unlawful for any person to bury, dump, or permit to be buried or dumped, any refuse, garbage or yard waste on any property within the town.

(Ord. 637 § 2(l), 2008: Ord. 518 (part), 1999)

8.12.210 - Burning prohibited.

It is unlawful for any person to burn refuse, rubbish, garbage or recyclable materials or other waste matter except in compliance with all applicable town municipal code, laws and regulations of the town, county and state, including but not limited to a burn permit.

(Ord. 518 (part), 1999)

8.12.220 - Responsible party for garbage and yard waste charges.

All accounts for garbage and yard waste service shall be kept in the name of the property owner who shall be responsible for payment of all charges set forth in this chapter. At the request of the property owner, the clerk/treasurer or his or her designee, may bill the consumer or consumers but the charge shall ultimately be the responsibility of the property owner.

(Ord. 637 § 2(m), 2008: Ord. 518 (part), 1999)

8.12.230 - Garbage rates.

A. The schedule of garbage collection rates is as follows:

Residential Service:	Per Month
96 gallon cart	$11.01
64 gallon cart	10.35
48 gallon cart	9.68
48 gallon cart senior discount	9.08
Extra unit of garbage (per bag	1.72
96 gallon yard waste container	6.47
Commercial and Industrial:
96 gallon cart	28.9
64 gallon cart	19.31
Extra unit of garbage (per bag)	1.72
Commercial Containers:
One 1 ½ yard, emptied once per week	56.65
One 1 ½ yard, emptied twice per week	92.09
One 1 ½ yard, emptied three times per week	127.53
Any extra garbage for 1 ½ yard containers shall be billed as follows:
½ yard	3.44
1 yard	6.87
1 ½ yard	10.31
Box Drop Service:
20 yard permanent per haul, plus disposal fees	99.87
20 yard monthly rental	40.47
30 yard permanent per haul, plus disposal fees	105.92
30 yard monthly rental	42.96
(Note: All drop boxes must be emptied a minimum of twice per month.)

B. The applicable taxes that shall be charged to the above rates shall include sales tax, the state of Washington refuse collection tax and the town's current utility tax rate.

C. The rates shown above include a ten percent charge by the town for administration. The rates in this section shall be effective beginning with the January 2009 billing period.

(Ord. 584, 2003; Ord. 518 (part), 1999)

(Ord. No. 645, § 1, 2, 1-12-2009)

8.12.240 - Discounts for elderly.

Residents, aged sixty-five (65) or older, who are head of household, may receive a reduced rate for garbage and yard waste services. Residents, aged sixty-five (65) or older, who wish to receive the discounted garbage and yard waste services rate must provide proper identification to the clerk/treasurer or his or her designee. After proof of age has been verified, the discounted garbage and yard waste rates shall take effect on the next regular utility billing.

(Ord. 637 § 2(n), 2008: Ord. 518 (part), 1999)

8.12.250 - Property vacancy.

When property is going to be vacant for at least one month, the property owner may, in advance of vacancy, notify the town of the vacancy and request for the discontinuance of service. Accounts with a request for discontinuance of service on file shall not be charged for refuse and/or yard waste collection; provided, however, that should any refuse and/or yard waste be collected during the month, the normal established rates shall apply and be charged accordingly.

(Ord. 637 § 2(o), 2008: Ord. 518 (part), 1999)

8.12.260 - Payment of charges and fees.

A. Garbage and yard waste charges shall be billed monthly to each account and may be combined with water, sewer, and other charges and taxes.

B. Garbage and yard waste charges are due and payable on or before the twentieth day of the month following the billing period. Payments which are dropped off at town hall before midnight on the twentieth day of the month following the billing period will be accepted without incurring late charges. If the due date indicated on the bill falls on a weekend or holiday, consumers will be given until midnight on the next business day to pay their bill or have their payment postmarked without incurring any late charges.

C. A late charge of twenty-five dollars ($25.00) shall be posted to all accounts with an outstanding balance greater than five dollars ($5.00) on the twenty-first day of the month following the billing period, except as noted above. Delinquent notices, indicating the late charge, shall be mailed to all accounts subject to the late charge. The delinquent notice shall be mailed to the property owner and renter (if applicable) for all accounts receiving a late charge. In cases where the town has not been notified of the renter's name and address, no delinquent notice shall be mailed to the renter.

D. As a courtesy to consumers, door hangers may be hung on residences and commercial establishment accounts which have not paid their garbage and yard waste service bill. Door hangers may be delivered on the thirtieth day of the month following the billing period. If this day falls on a weekend or holiday, the door hanger may be hung on the previous business day.

(Ord. 637 § 2(p), 2008: Ord. 561 (part), 2001; Ord. 518 (part), 1999)

8.12.270 - Charges for partial billing periods.

A. In the event a property owner discontinues garbage and/or yard waste service during a billing period, the town shall prorate their garbage and/or yard waste charges. The consumer must notify the town that they wish to discontinue their garbage and/or yard waste service. If the consumer is not the property owner, the property owner must notify the town that they wish to discontinue their garbage and/or yard waste service.

B. Charges for Partial Billing Periods. The effective date of the start/end of garbage and/or yard waste service shall determine the number of days to be used to determine the amount of the proration of the charges. Charges will be based upon the number of days of usage as indicated in the following schedule:

1. One to fifteen (15) days: fifty percent (50%) of the monthly bill.

2. Sixteen (16) to thirty-one (31) days: one hundred percent (100%) of the monthly bill. However, should the town be notified by the garbage and yard waste service that extra garbage and/or yard waste was picked up at the location of the discontinued service between the dates of start/end, the extra fee will be included in the final billing.

(Ord. 637 § 2(q), 2008: Ord. 559, 2001; Ord. 518 (part), 1999)

8.12.280 - Change of service.

A change in garbage and/or yard waste service may be made at the request of the property owner.

(Ord. 637 § 2(r), 2008: Ord. 518 (part), 1999)

8.12.300 - Collection agency.

Any account which is at least sixty (60) days past due shall be turned over to a collection agency. The property owner will be required to pay any and all additional charges incurred by the collection process.

(Ord. 540, 2000: Ord. 518 (part), 1999)

8.12.310 - Violation—Notice required.

Whenever the mayor or his/her designee may determine that there is a violation of any provision of this chapter, he/she shall give written notice of such alleged violation to the person or persons responsible. Such notice shall state the nature of the violation and a reasonable time for correction of such violation, and if necessary, contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter. This notice shall be served upon the owner and/or occupant of any premises within the town, provided that such notice shall be deemed to have been properly served when the notice has been served personally or by certified mail, or in accordance with any other method authorized or required under the laws of the state.

(Ord. 518 (part), 1999)

8.12.320 - Multiple-use properties.

A. If a home occupation is carried on in a residential zone as allowed by the town council, the resident shall pay for garbage and/or yard waste service so long as the garbage, refuse, rubbish, yard waste, and other waste material fits in the container, and provided that the premises is used principally for residential purposes. In the event a dispute arises over whether a home occupation should be required to pay residential or commercial rates, the town council shall make the final determination as to what service is being used or should be used, and what service is to be charged. The decision of the town council shall be final.

B. If two or more types of services are available to a garbage and/or yard waste account, both of which adequately and satisfactorily serve the account, the party receiving the service shall have the option of selecting the service he or she wishes to receive so long as no unsanitary condition is created as a result of the service selection. If a dispute arises between the party receiving the service and the garbage and/or yard waste collection contractor concerning the type of collection service the account should be receiving, the town council shall make the determination as to the type of service and charge. The decision of the town council shall be final.

(Ord. 637 § 2(s), 2008: Ord. 518 (part), 1999)