For the purpose of this Article, the following words and phrases
shall have the following interpretation and/or meanings indicated
below:
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
Non-decaying solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional, or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
collection vehicles by solid waste collectors, with the equipment
available.
The removal and transportation of solid waste and/or recyclables
from its place of storage to its place of processing or disposal.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
Any room or group of rooms located within a structure, and
forming a single habitable unit with facilities which are used, or
are intended to be used for living, sleeping, cooking, and eating.
Animal or vegetable wastes capable of decaying resulting
from the handling, preparation, cooking, serving or consumption of
food.
Any waste or combination of wastes, as determined by the
Missouri Division of Environmental Quality by rules and regulations,
which, because of its quantity, concentration, or physical, chemical
or infectious characteristics, may cause or significantly contribute
to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness, or pose a present or potential
threat to the health of humans or the environment.
A structure containing more than one (1) dwelling unit.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as an owner or as a tenant.
Consists of incinerating, composting, baling, shredding,
salvaging, compacting and other processes whereby solid waste characteristics
are modified or solid waste quantity is reduced.
A containers originally manufactured for residential solid
waste and recyclables. Galvanized metal containers, rubber or fiberglass
containers, and plastic containers which do not become brittle in
cold weather are included in this definition.
A substance or object that can be processed and used again.
A container used for placing residential solid waste and
recyclables at the curb or alley. This may include a receptacle, as
defined elsewhere in this section, or bags that are designed for storage
of solid waste and recyclables which are well secured so as not to
allow trash to be spread by the elements or by animals.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432 RSMo., recovered materials, overburden, rock, tailings,
matte, slag or other waste material resulting from mining, milling
or smelting.
The process of discarding or disposing of unwanted material.
The entire solid waste system of storage, collecting, transportation,
processing and disposal of solid waste.
The keeping, maintaining or storing of solid waste or recyclables
from the time of its production until the time of its collection.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees collected for disposal. The term does not include stumps, roots
or shrubs with intact root balls.
Every residential, institutional, commercial or business, industrial
and agricultural establishment producing solid waste within the corporate
limits of the City shall provide for the proper disposal of such solid
waste from its premises.
The occupant of every institutional, commercial or business,
industrial or agricultural establishment producing solid waste and
recyclables within the corporate limits of the City shall provide
sufficient and adequate containers for the storage of all solid waste
and recyclables except bulky rubbish and demolition and construction
waste to serve each such establishment; and to maintain such solid
waste and recycling containers at all times in good repair.
The occupant of every dwelling unit and of every institutional,
commercial, industrial, agricultural or business establishment shall
place all solid waste and recyclables to be collected in proper solid
waste and recyclables containers, except as otherwise provided, and
shall maintain such solid waste and recyclables containers and the
area surrounding them in a clean, neat and sanitary condition at all
times.
Residential containers, as defined in Section 235.010 of this Chapter, shall be used for disposal of residential solid waste and recyclables.
Commercial solid waste and recyclables shall be stored in solid
waste and recyclables containers as approved by regulations issued
by the City. The containers shall be waterproof, leakproof and shall
be covered at all times except when depositing waste or recyclables,
or removing the contents; and shall meet all requirements of City
regulations.
Yard wastes shall be stored and maintained as to prevent the
dispersal of wastes.
A.
The City may provide for the collection of solid waste and recyclables
as follows:
1.
The City may provide for the collection of all residential solid
waste and recyclables in the City, provided however that the City
may provide the collection service by contracting with a person, County,
or other City or a combination, for the entire City or portions, as
deemed to be in the best interests of the City.
2.
The City may, at its discretion, provide commercial solid waste
and recyclables collection services upon specific application of the
owners or persons in charge. However, in the event that such application
is not made or approved, it shall be the duty of such establishment
to provide for collection of all solid waste and recyclables produced
upon any such premises.
All solid waste and recyclables placed at the curb for collection
shall become the property of the disposal agency contracted by the
property owner or the City.
Tree limbs and yard waste, as described in Section 235.070 shall be placed at the curb or alley for collection. Solid Waste and recyclables containers as required by this Section 235.060 of this Chapter, for storage of other residential solid waste and recyclables materials shall be placed at the curb or alley for collection. Any solid waste and recyclables containers, tree limbs, yard wastes or other solid waste and recyclables permitted by this Chapter to be placed at the curb for collection shall not be placed until after 5:00 P.M. the day before the regularly scheduled collection day. Solid Waste and recyclables containers shall be removed from the curb or alley by 8:00 A.M. the day after the day of scheduled collection.
Solid waste and recyclables collectors, which may be employed
by the City or a solid waste and recyclables collection agency operating
under contract with the City, are authorized to enter upon private
property for the purpose of collecting solid waste and recyclables
as required by this Chapter. Solid waste and recyclables collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste and recyclables
without a valid court order or permission from the property owner.
All residential solid waste and recyclables shall be collected at least once weekly. Commercial solid waste and recyclables shall be collected at appropriate intervals to avoid the creation of a public nuisance as defined by City Code Section 545.445.
Residential solid waste and recyclables containers shall be
stored upon the residential premises. Commercial solid waste and recyclables
containers shall be stored upon private property, unless the owner
shall have been granted written permission from the City to use public
property for such purposes. Any commercial solid waste and recyclables
storage site shall be well-drained; fully accessible to collection
equipment, City Code Enforcement, public health personnel and fire
inspection personnel.
All collection vehicles shall be maintained in a safe, clean
and sanitary condition, and shall be so constructed, maintained and
operated as to prevent spillage of solid waste and recyclables.
Permits shall not be required for the removal, hauling or disposal
of earth and rock material from grading or excavation activities,
however, all such material shall be conveyed in vehicles, trucks or
receptacles so constructed and maintained that none of the material
being transported shall spill upon the public rights-of-way.
Solid wastes and recyclables shall be disposed of at a processing
facility or disposal area approved by the City and complying with
all requirements of the Missouri Department of Natural Resources.
The City may, by regulation, classify certain wastes as hazardous
wastes which will require special handling and shall be disposed of
only in a manner acceptable to City regulation, and which meet all
State and Federal regulations.
No such license shall be issued until the applicant, in addition
to all other requirements set forth, shall submit with their application
evidence of a satisfactory public liability insurance policy, covering
all operations of such applicant pertaining to such business and all
vehicles to be operated in the conduct of the business.
A.
The permittee shall procure, maintain, and provide proof of insurance
coverage for injuries to persons and/or property damage as may arise
from or in conjunction with, the work performed on behalf of the City
of Raymore by the permittee, its agents, representatives, employees
or subcontractors.
B.
The City of Raymore shall be named as an additional insured under
such insurance contracts (except for Worker's Compensation coverage).
All coverage for the City shall be written on a primary basis, without
contribution from the City's coverage.
C.
A Certificate of Insurance will be required before the issuance of
a permit. All policies shall be issued on an occurrence form in amounts
established by the City, but not less than limits established for
sovereign immunity.
D.
Should any such policy be canceled, the City shall be notified of
such cancellation by the insurance carrier in writing not less than
ten (10) days prior to the effective date of such cancellation, and
provisions to that effect shall be incorporated in the policy, which
shall also place upon the company writing such policy the duty to
give such notice.
A.
Each applicant for an occupational license shall state in their application:
1.
The nature of the license desired, as to collect, transport,
process, or dispose of solid waste and recyclables or any combination;
2.
The characteristics of solid waste and recyclables to be collected,
transported, processed and/or disposed;
3.
The number of solid waste and recyclables vehicles to be operated;
4.
The precise location or locations of solid waste and recyclables
processing or disposal facilities to be used;
5.
The boundaries of the collection area; and
6.
Such other information as may be required by City regulation.
If the application shows that the applicant will collect, transport,
process or dispose of solid waste and recyclables without hazard to
the public health or damage to the environment and in conformity with
the laws of the State of Missouri and this Chapter and other Ordinances,
the City Clerk shall issue the license authorized by this Chapter.
The license shall be issued for the calendar year for which the license
application is submitted and each applicant shall pay a fee in an
amount approved by the Governing Body and listed in the Schedule of
Fees and Charges maintained in the Finance Department for each solid
waste and recyclables processing or disposal facility to be operated
and for each collection vehicle to be used. If in the opinion of the
City Manager modifications can be made to the application regarding
service, equipment, or mode of operation, so as to bring the application
within the intent of this Chapter, the City Manager shall notify the
applicant setting forth the modification to be made and the time in
which it shall be done.
The fees for the occupational license required under this Chapter
shall be approved by the Governing Body and listed in the schedule
of fees and charges maintained in the Finance Department.
No license issued under this Chapter shall be transferred or
assigned or used in any way by any person other than the one (1) to
whom it was issued.
All licenses issued under the provisions of this Chapter shall
expire on the 31st day of December following the issuance. For a partial
year license, the fee shall be prorated for the first time, at a rate
of five percent (5%) of the license fee per month after June first
and each month thereafter. No license fee shall be refundable upon
sale, transfer or dissolution of the business for which the license
was issued.
A.
If the applicant does not make the modifications pursuant to the notice given by the City Manager as described in Section 235.230 of this Chapter within the time limit specified, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes and recyclables will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Manager, stating the reasons for such denial.
B.
Nothing in this Section shall prejudice the right of the applicant
to reapply after the rejection of their first application, provided
that all respects of the reapplication comply with the provisions
of this Chapter.
The annual license may be renewed upon submitting a renewal
application and payment of the fee or fees in an amount approved by
the Governing Body and listed in the Schedule of Fees and Charges
maintained in the Finance Department, if the business has not been
modified. If modifications have been made, the applicant shall reapply
for a license.
In order to ensure compliance with the laws of this State, this
Chapter, and the rules and regulations authorized, the City Manager
is authorized to direct the inspection of all phases of solid waste
and recyclables management within the City. No inspection shall be
made in any residential unit unless authorized by the occupant or
by due process of law, in all instances where such inspections reveal
violations of this Chapter, the rules and regulations authorized for
the storage, collection, transportation, processing or disposal of
solid waste and recyclables, or the laws of the State of Missouri,
notice of each violation shall be issued stating the violation or
violations found, the time and date and the corrective measure(s)
to be taken, together with the time in which such corrections shall
be made.
In all cases, when the corrective measures have not been taken
within the time specified, the City Manager shall suspend or revoke
the license involved in the violation; however, in those cases where
an extension of time will permit correction and there is no public
health hazard created by the delay, one (1) extension of time not
to exceed the original time period may be given.
A.
The City Council may make, amend, revoke, and enforce reasonable
and necessary rules and regulations governing but not limited to:
1.
Preparation, draining and wrapping of garbage and recyclables
materials deposited in solid waste and recyclables containers.
2.
Specifications for solid waste and recyclables containers, including
the type, composition, equipment, size and shape.
3.
Identification of solid waste and recyclables containers and
of the covers, and of equipment appertaining, if any.
4.
Weight limitations on the combined weight of solid waste and
recyclables containers and the contents, and weight and size limitations
on bundles of solid waste and recyclables too large for solid waste
and recyclables containers.
5.
Storage of solid waste and recyclables in solid waste and recyclables
containers.
6.
Sanitation, maintenance and replacement of solid waste and recyclables
containers.
7.
Schedules and routes for collection of solid waste and recyclables.
8.
Collection points of solid waste and recyclables containers.
9.
Collection and disposal of solid waste and recyclables.
10.
Processing facilities and fees.
11.
Disposal facilities and fees.
12.
Records of quantity and type of wastes and recyclables received
at processing and/or disposal facilities.
13.
Handling of special wastes such as toxic wastes, sludges, ashes,
agricultural, construction, bulky wastes, tires, automobiles, oils,
greases, etc.
A.
It shall be unlawful for any person to:
1.
Deposit solid waste or recyclables in any solid waste or recyclables
container other than their own, without the written consent of the
owner of such container and/or with the intent to avoid payment of
the service charge provided for solid waste and recyclables collection
and disposal;
2.
Interfere in any manner with solid waste and recyclables collection
equipment or with solid waste and recyclables collectors in the lawful
performance of their duties as such whether such equipment or collectors
shall be those of the City or those of a solid waste and recyclables
collection agency operating under contract with the City;
3.
Burn solid waste or recyclables unless an approved incinerator
is provided or unless a variance has been obtained from the Missouri
Department of Natural Resources;
4.
Dispose of solid waste or recyclables at any facility or location
which is not approved by the City and the Missouri Department of Natural
Resources;
5.
Engage in the business of collecting, transporting, processing
or disposing of solid waste and recyclables within the corporate limits
of the City without an occupational license from the City, or operate
under an expired license, or operate after a license has been suspended
or revoked.
A service charge may be imposed for the collection and disposal
of solid waste and recyclables for each dwelling unit and each commercial
establishment to which such service may be provided under the provisions
of this Chapter.
A.
The City Council shall by Resolution from time to time establish
and impose fees for the City's solid waste and recyclables collection
services to reimburse the City for the costs incurred through the
contract with a solid waste and/or recyclables provider. A schedule
of such fees and charges approved by the Governing Body shall be maintained
and on file in the Finance Department.
B.
The Director of Finance shall be responsible for billing and collecting
said fees and shall bill the same on a monthly basis in such method
and manner as the Director of Finance deems most effective.
C.
Delinquent Fees — Penalty. If fees remain unpaid thirty (30) days after the beginning of the service period for which the bill is rendered, then such bill shall be delinquent and subject to a penalty of ten percent (10%). For each month the bill remains unpaid, and up to the date of certification of any special tax bill pursuant to Section 235.320(E) of this Section, an additional penalty of five percent (5%) shall be applied to the accumulating balance of the delinquent bill.
D.
Delinquent Fees — Collection Policies — Hearing And Appeal.
The Director of Finance is authorized to establish collection policies
for delinquent fees, penalties, and interest, including, but not limited
to, payment plans and, if approved by the City Manager, the waiver
of penalties and interest and amnesty.
E.
Delinquent Fees — Special Tax Bill Issued To Person Failing
To Pay Their Bill.
1.
The Director of Finance may certify a special tax bill against
the property served if outstanding fees remain delinquent for at least
ninety (90) days following the date that service is halted.
2.
The Director of Finance shall prepare and certify the special
tax bill against the property. The special tax bill shall identify
the City as lien holder, the legal description of the property assessed,
the date of delinquency, and the amount of the assessment, including
any accrued penalty and the cost of recording shall also be included
in the assessment. The Director may record the bill with the Cass
County Recorder of Deeds and/or the Cass County Collector's Office.
F.
Collections And Foreclosure Authorized. If fees remain delinquent
sixty (60) days following the certification of a special tax bill,
the Director of Finance may refer the matter to the City Attorney
for collection, including, if deemed necessary by the City Attorney,
the initiation of foreclosure proceedings. The delinquent party shall
be liable to the City for all reasonable costs and attorney fees incurred.
