As used in this Chapter, the following words and phrases shall
have the meanings herein ascribed to them:
means the residue of the combustion of solid fuels.
means discarded household furniture, bedding and mattresses,
leaves, yard trimmings.
means any vessel used for the outdoor storage of solid waste,
including a residential recycling container.
means and includes accumulation, storage, collection, transportation,
disposal or resource recovery of solid wastes.
means that 12-month period of time beginning July 1st and
ending June 30th next.
means all classes of putrefactive and easily decomposable
animal and vegetable matter, including without limitation, wastes
produced from the handling and preparation of foods and containers
originally used for food stuffs.
means any solid waste which, in the opinion of the County
Health Officer, would constitute a danger to collection personnel
or to anyone who may come in contact with such solid waste and includes
without limitation any hazardous waste as defined by or pursuant to
federal, state or local law.
means the Douglas County Health Officer.
means a disposal site operated by means of compacting and
covering solid waste at specific designated intervals. A sanitary
landfill is covered daily unless otherwise operated by an alternative
method approved by the Department of Environmental Quality.
means a license to provide solid waste service, issued by
the City Recorder, pursuant to this Chapter.
means any person holding a license to provide solid waste
service.
means a multi-family dwelling complex having five or more
units on a single premises or five or more manufactured dwellings
in a single facility.
means the owner of the premises within the City or any agent
or other person employed by him to manage or maintain such premises,
or a person who is purchasing such premises under contract.
means a building or a group of buildings constituting a single
property and the lot or parcel of land on which such building or buildings
are located.
means the materials determined by the Oregon Department of
Environmental Quality to be principal recyclable materials for the
county wasteshed, or in the absence of such determination, means materials
determined by Council resolution to be appropriate for recycling.
means a durable container used solely for recyclable materials.
means the process of obtaining useful material or energy
resources from solid waste, including energy recovery, materials recovery,
recycling or reuse of solid waste.
means and includes cardboard, plastic, metal, glass, paper,
rags, sweepings, wood, rubber, leather and similar waste materials
that ordinarily accumulate on premises, but not garbage, ashes, bulk,
dead animals or hazardous waste.
means the geographic area in which service, other than operation
of a disposal site, is provided.
means all wastes, in solid or liquid form including, but
not limited to, garbage, rubbish, ashes, street refuse, waste paper,
corrugated and cardboard, commercial, industrial, demolition and construction
wastes, swill, discarded vehicle parts, discarded home and industrial
appliances, vegetable or animal solid and semisolid wastes, small
dead animals and other wastes. It does not include sewage, sewage
sludge or sewage hauled as an incidental part of a septic tank or
cesspool cleaning service, hazardous solid wastes or materials used
for fertilizer or for other productive purposes or which are salvageable
as such materials are used on land in agricultural operations and
the growing or harvesting of crops and the raising of fowl or animals.
means the collection, storage, transportation, transfer or
disposal of solid waste.
means material that is no longer wanted by or usable by the
source generator or producer of the material that is to be disposed
of by another person, and may include source-separated material.
(Ord. 2973 § 1 (part),
1996)
A.
The
purpose of this Chapter is to license and regulate solid waste management
service providers in order to:
1.
Provide
for safe and sanitary collection, transportation, disposal and resource
recovery of solid wastes;
2.
Provide
a coordinated City-wide program of control of solid wastes in cooperation
with federal, state and local agencies;
3.
Provide
for and encourage research, studies, surveys and demonstration projects
on developing more sanitary, efficient and economical solid waste
disposal and resource recovery systems and programs;
4.
Establish
rates that are just, fair, reasonable and adequate to provide necessary
public service and to prohibit rate preference and other discriminatory
practices;
5.
Provide
for technologically and economically feasible resource recovery.
B.
This
Chapter is declared to be a revenue-raising measure to compensate
the public for the use of the public way by private business and to
be a regulatory measure to ensure the public health, safety and welfare.
(Ord. 2973 § 1 (part),
1996)
A.
Except as exempted by Subsection C of this Section, no person may provide or offer to provide any or all solid waste services to another without first being licensed as provided in this Chapter.
B.
Licenses
granted under this Chapter may not be assigned. Notwithstanding this
provision, licensee may subcontract certain services pursuant to this
Chapter provided licensee obtains prior written authorization from
the City before entering into such subcontracts.
C.
The
following activities are declared to be exempt from the requirement
to obtain a solid waste management service license:
1.
The
collection, transportation and reuse of repairable or cleanable discards
by private charitable organizations regularly engaged in such business
or activity.
2.
The
collection, transportation and reuse or recycling of totally source-separated
solid waste materials or the operation of a collection center for
totally source-separated solid waste materials by a religious, benevolent
or fraternal organization, which organization was not organized for
nor is operated for any solid waste management purpose and which organization
is using the activity for fundraising.
3.
The
collection, transportation or redemption of returnable beverage containers
under state law and that portion thereof commonly known as the bottle
bill.
4.
The
collection and disposal, by the generator, producer or source, of
solid waste created as an incidental part of regularly carrying on
the business of auto dismantling, to the extent licensed by the state;
janitorial service; gardening or landscaping service. Janitorial service
does not include primarily or solely accumulating or collecting solid
wastes created, generated or produced by a property owner occupant.
5.
The
transportation by a person or that person's agent of solid waste produced
on that person's premises to a lawful disposal site, resource recovery
facility or market. Except as allowed by Subsection C.8 of this Section,
in the case of a nonowner-occupied property, the solid waste is produced
and owned by the occupant and not by the landlord, property owner
or agent of either.
6.
The
purchase of totally source-separated solid waste for fair market value
on a profit or non-profit basis.
7.
Solid
waste services performed by employees of any public agency at the
agency's operations and facilities.
8.
The
collection, transportation, reuse or recycling of solid waste by a
landlord, property owner or agent of either when cleaning property
where a tenant has failed to comply with Subsection 9.20.060.C.2.
D.
All
solid waste collected in the City shall be disposed of in a lawful
manner.
(Ord. 2973 § 1 (part),
1996)
A.
All applications for a solid waste management service license shall be filed with the City Recorder on a form provided by the City and shall contain the information required by Section 9.02.030 of this Code. Each application must be accompanied by a non-refundable application investigation fee as set by Council resolution and a written statement from the applicant which shall show to the satisfaction of the City Recorder that the applicant:
1.
Has
available collection vehicles, equipment, facilities and personnel
sufficient to meet the standards of equipment and service established
by or pursuant to this Chapter;
2.
Has
letters of recommendation as required;
3.
Has
sufficient experience to insure compliance with this Chapter and any
regulations thereof. If the applicant does not have sufficient experience,
the City Recorder may require the applicant to submit a corporate
surety bond, in the amount of not less than twenty-five thousand dollars
nor more than one hundred thousand dollars, guaranteeing full and
faithful performance by the applicant of the duties and obligations
of a license holder under the provisions of this Chapter and applicable
federal, state and local laws and rules or regulations;
4.
Has
in force, or provides a letter of intent for public liability and
property damage insurance in the amount of not less than the liability
limits established by state law or its successor statute, which shall
be evidenced by a certificate of insurance or a letter of intent.
Upon award of a license, any applicant providing only a letter of
intent with the application shall, upon the request of the City Recorder,
provide a copy of a certificate of insurance prior to the effective
date of the license;
5.
Has
commitment letters which include the proposed rates for solid waste
services signed by a majority of the customers within the proposed
service area which demonstrate the applicant will provide a full range
of solid waste services with a reasonable likelihood of financial
success taking into account the factors listed in Subsection 9.02.050.D.4.
B.
Applications
shall be reviewed by the City Recorder. The City Recorder shall make
such investigation and may require such additional information of
the applicant and of existing licensees as the City Recorder may deem
appropriate.
C.
The
City Recorder shall first determine if there is a public need to create
a service area as proposed by the applicant. In making that determination,
the Recorder shall consider the following factors:
1.
The
purpose of this Chapter;
2.
The
ability of existing licensees to continue to provide solid waste services
at existing rates within existing service areas;
3.
Who
has traditionally provided solid waste services in the service area
and the quality of service currently provided as measured by the renewal
criteria in Subsection 9.20.040.B.; and
4.
If
the proposed service area has been created as a result of annexation
to the City.
D.
If the
City Recorder determines a new service area is needed, based upon
the application, the evidence submitted and the results of the investigation,
the City Recorder shall make a finding on the qualifications of the
applicant to provide the needed solid waste services in the service
area.
E.
The
decisions of the City Recorder under this Section shall be in writing
and contain findings in support thereof.
(Ord. 2973 § 1 (part),
1996)
A.
Original Term. Except as provided in Subsection B of this Section, the term for a solid waste management license shall be five fiscal years commencing the next July 1st following issuance of the license. The fee for such license shall be in an amount set by Council resolution and shall be prepaid on a fiscal year basis on or before July 30th of each fiscal year. Any license issued during a fiscal year shall be prorationed for the part of the fiscal year in which the licensee shall operate and shall be in addition to the original five-year term. If the license is issued after January 1, the fee shall be reduced by one-half for the partial fiscal year. The license fee shall be considered a cost of doing business and shall be included in the rate base for licensee's rates. Payment of the annual license fee shall be accompanied by a report showing, to the City Recorder's satisfaction, that during the previous fiscal year, the licensee:
1.
Met
or exceeded all required service levels, directly or through subcontract,
as required by this Chapter;
2.
Responded
to all written complaints and minimized complaints by providing good
service;
3.
Responded
to all requirements by the City Recorder made pursuant to this Chapter;
4.
Provided
all required financial information and promptly paid all license fees
required by the City or this Chapter;
5.
Provided
adequate finances, personnel and equipment and properly trained and
supervised drivers and other employees; and
6.
Complied
with all terms of this Chapter and other applicable federal, state
and local laws.
B.
Term
Extension. Unless revoked, modified or suspended as provided in this
Chapter, after the first full fiscal year of the original license
term, an additional fiscal year shall be added to the term thereof
provided the licensee:
C.
Notice of Intent Not to Extend Term. On or before May 1st of the first full fiscal year of the license or any fiscal year added under Subsection B of this Section, the City or a licensee may notify the other in writing of its election not to have the five-year term of the license extended as provided in Subsection B of this Section. When such notice is given, the license term shall not be added to as provided in Subsection B of this Section and shall expire at the end of the fourth fiscal year following the notice.
(Ord. 2973 § 1 (part),
1996)
A.
Financial
and Accounting Obligations.
1.
Annual Gross Receipts. The licensee shall provide the City Recorder with a verified and sworn statement of annual gross receipts within ninety days of June 30th of each year. The City Recorder may inspect the financial records of the licensee or licensee's agents in accordance with Section 9.20.070.
2.
Recycling
Education Program Contribution. In addition to the license fee required
by this Chapter, the licensee shall pay the City a portion of the
costs of the City's recycling education and promotion program. Such
program shall be accomplished through use of the City's water billing
system and shall inform citizens of the manner and benefits of reducing,
reusing and recycling material. The amount of the licensee's contribution
shall be set by Council resolution and shall be roughly proportionate
to the ratio of the number of licensee's City customers to the number
of City water customers. The education program shall include:
a.
Provision of recycling notification and education packets to all
new residential, commercial and institutional collection service customers
that includes at a minimum the materials collected, the schedule for
collection, the way to prepare materials for collection and reasons
that persons should separate their material for recycling;
b.
Provision of quarterly recycling information to residential, commercial
and institutional collection service customers that includes at a
minimum the materials collected, the schedule for collection and at
least annually includes additional information including the procedure
for preparing materials for collection; and
c.
Targeting of community and media events to promoting recycling.
B.
Vehicles.
1.
All
solid waste shall be collected in vehicles which shall be kept reasonably
clean, in good condition and repair, and so constructed, operated
and maintained that the contents will not spill, seep, leak or blow
from the vehicle while in motion. The City Recorder may cause any
vehicle to be inspected to determine compliance with this Section.
All vehicles used in collecting solid waste shall be of a type or
general class approved by the City Recorder. Any vehicle other than
a packer-type vehicle may be used for special pickups, recycling and
reuse, drop and roll-off box service, satellite vehicle service and
other services when approved in writing by the City Recorder prior
to its use.
2.
Each
licensee shall provide the City Recorder with a list of the types
or classes of equipment and vehicles used by licensee for solid waste
services. At such times as licensee acquires any additional or substitute
equipment or vehicle not previously approved, licensee shall notify
the City Recorder of such acquisition. In giving approval, City Recorder
shall be guided by the policy and purposes expressed and specific
requirements set forth in this Chapter. Unless the City Recorder expressly
withholds or denies approval within twenty days of the receipt of
licensee's notice, the equipment or vehicle is deemed approved. The
approval of a particular piece of equipment under this Subsection
does not constitute approval of a new service by Section 9.20.050.D.
C.
Collection.
1.
The
licensee shall not litter premises in the process of making collections,
nor allow any solid waste to blow or fall from vehicles. The licensee
shall repair or replace at licensee's expense containers damaged as
a result of its handling thereof, fair wear and tear excepted. The
licensee shall replace lids or covers on containers immediately after
emptying same.
2.
Except
under emergency conditions, solid waste collection shall be made between
the hours of six a.m. and six p.m.; provided, that in areas which
are zoned C-3, M-1, M-2 or M-3 collection may be between the hours
of two-thirty a.m. and twelve noon, subject to such reasonable modifications
of collection period as the City Recorder may impose. All collections
shall be made as efficiently and quietly as possible. Unnecessarily
noisy trucks or equipment are prohibited. Garbage shall be collected
at least once each calendar week from every place of business, motel
or hotel and every residential customer requesting the services and
paying the authorized charges. Nonputrescible solid waste shall be
collected at least every fifteen days, unless confined within a container
as provided in Subsection 9.20.060.C. The City Recorder may order
more frequent collection of solid waste than required by this Subsection
if the accumulation thereof constitutes a threat to public health,
safety or welfare. Upon request by the City Recorder, the licensee
shall furnish schedules of collection, and disposal routes and destinations,
and shall furnish copies of complaint reports and information as to
their disposition.
3.
It
is the intent of this Chapter that the licensee shall collect promptly,
and with dispatch, all reasonable quantities or types of solid waste
placed for collection within the corporate limits of the City, and
to dispose of such waste in a lawful manner. The licensee shall establish
and maintain an office within the City where solid waste bills may
be paid, service applied for and complaints made. Such office shall
be equipped with sufficient telephones and shall have a responsible
person in charge between the hours of eight-thirty a.m. and four-thirty
p.m. daily, except Saturday, Sundays and holidays. A telephone answering
service or device may be used for temporary absences and for after
business hours telephone calls.
D.
Rates.
1.
Licensee
shall charge each customer the rate established under this Section
for the service provided and no other rate.
2.
No
less than ninety days before any licensee adjusts a rate for a service
or establishes a new service and rate therefor, it shall give written
notification to the City Recorder and to all customers affected by
the proposal. The City Recorder shall forward the licensee's notice
to the Council. The Council may require the licensee provide additional
notice to affected customers if the licensee's effort at notification
is insufficient in the Council's judgment. The Council shall have
thirty days from receipt of the notice to declare its intention to
review the licensee's rates and, if necessary, to suspend implementation
of the proposal pending Council review. If Council elects not to review
the rate proposal, the proposed rates shall become effective ninety
days following the date of licensee's notice to the Recorder.
3.
Upon
receiving notice that the Council will review any rate proposal, the
licensee shall within ten days provide the City Recorder its evidence
justifying the proposal. Within thirty days of receipt of the licensee's
justification, the City Recorder shall provide a report to the Council
and to the licensee containing the City Recorder's recommendation.
4.
The
Council shall consider the City Recorder's report and after receiving
testimony from the licensee and the public as it may desire, the Council
shall approve or deny licensee's proposal or establish new rates for
the affected services, taking into account:
a.
Current and projected revenues and operating expenses of licensee,
including the cost of providing residential recycling containers;
b.
Cost of capital investment and equipment replacement;
c.
Interest rates;
d.
Reasonable rate of return for licensee;
e.
Impact of proposal upon the cost of providing services to each customer
classification;
f.
Technological, environmental and legal changes in solid waste management;
g.
Future needs of the community for solid waste services;
h.
Rates for services charged by other licensees;
i.
Rates for services in other cities within the state;
j.
Quality of services provided by licensee;
k.
Management skills and practices of licensee;
l.
Other relevant factors.
5.
The
rates established by the Council shall be just and reasonable and
adequate to provide necessary collection service and shall allow a
licensee to recover any additional costs of providing the opportunity
to recycle at the minimum level required by state law or this Chapter.
Such costs shall include, but are not limited to, the costs of education,
promotion and notice of the opportunity to recycle.
6.
Rates
established by the Council may not be changed by the licensee for
twelve months following their implementation without the consent of
the Council.
7.
Except
upon approval of the Council, a licensee may not adjust its rates
or services more frequently than once every twelve months.
8.
Licensee
shall maintain on file with the City Recorder a current schedule of
its rates and charges.
9.
At
any time a licensee experiences an increase in the dumping fees charged
at its waste disposal site:
a.
Notwithstanding the provisions of Paragraphs 6 and 7 of this Subsection,
a licensee shall be permitted to increase its rates upon notice to
the City Recorder of its intent to increase rates and compliance with
this Paragraph.
b.
Any increases proposed under this Paragraph shall be limited to an
amount sufficient to reimburse licensee for the additional expense
incurred due to the dumping fee increase.
c.
Licensee shall give notice to all affected customers at least thirty
days before the effective date of any rate increase proposed under
this Section, in a manner reasonably calculated to notify all affected
customers of licensee's proposed rate increase.
d.
At the time licensee notifies the City Recorder of its intention
to increase rates under this Paragraph, licensee shall provide the
City Recorder with evidence justifying the proposed rate increase.
Within ten days of such notification, the City Recorder shall determine
whether the rate increase shall be reviewed by the Council. If the
City Recorder places the proposed rate increase on the City Council's
agenda for review, the City Recorder shall provide a report to the
Council and the licensee containing the City Recorder's recommendation.
The review of the proposed rate increase by the Council shall take
place no sooner than five days after the licensee receives the City
Recorder's report. The Council shall review the proposed increase
using the standards set out in Subsection 9.20.050.D.4. and the proposed
increase shall not be effective until after the Council has approved
the increase. If the City Recorder does not place the proposed rate
increase on the City Council's agenda for review within ten days of
the date licensee notifies the City Recorder of the proposed rate
increase, the increase shall become effective without review of the
Council.
E.
General
Responsibilities. The holder of a license issued pursuant to this
Chapter:
1.
Except
as provided to the contrary in this Paragraph, licensee shall provide
all solid waste services to the citizens of the City if the licensee
is the sole licensee for solid waste services. If there is more than
one licensee, each licensee shall provide all solid waste services
within its service area except as provided to the contrary in this
Section. Such solid waste services shall include, but are not limited
to, a minimum of weekly collection service to residential customers
and a daily collection service (except Sundays and holidays) to commercial
customers. Weekly collection service includes on-route, curbside collection
of properly prepared and separated recyclable material, which service
is provided on the same day that other solid waste is collected from
each residential customer. Nothing in this Section requires daily
collection service be purchased by a commercial customer;
2.
Shall
provide service, equipment and facilities commensurate with existing
services within thirty days from the date of being notified that the
application is approved, unless an extension is granted by the City
Recorder. The City Recorder may require commencement of service before
the thirty days if circumstances require it;
3.
Shall
not voluntarily discontinue service to any customer without ninety
days' notice to the customer and the City Recorder, nor without approval
of the City Recorder. Nothing in this Section shall prohibit discontinuance
of service to a nonpaying customer, provided seven days' notice, in
writing, is given to the customer. Before service is reinstated, the
licensee may require an advance payment not to exceed three months'
collection fee. Nothing in this Section shall apply to any order for
a change, restriction or termination of service by any public agency,
public body or court having jurisdiction;
4.
Shall
agree that whenever the City Recorder determines that the failure
of service or threatened failure of service would result in creation
of an immediate and serious health hazard or serious public nuisance,
the City Recorder may, after reasonable notice to the licensee, authorize
City personnel or another person to temporarily provide the service
or to use the facilities or equipment of the licensee. The City shall
return any seized property and business upon abatement of the actual
or threatened interruption of service;
5.
Shall
agree to discontinue service if ordered to do so by the City Recorder
due to an emergency;
6.
Shall
provide all customers with the opportunity to recycle and comply with
all state laws concerning recycling, together with all rules and regulations
promulgated thereunder. Specifically:
a.
The licensee shall provide every residential service customer with
at least one residential recycling container;
b.
The licensee shall provide each multifamily housing complex an opportunity
to recycle at least four principal recyclable materials;
c.
The licensee shall make available, for lease or purchase by its customers,
recycling containers for multifamily housing complexes;
7.
May
refuse to provide service to a customer when weather conditions, safety
conditions or road closure prevent the service. If such conditions
or road closure continue for a period exceeding seven days, approval
of the City Recorder must be obtained for continued interruption of
service. Access points posing safety problems will be negotiated by
the licensee and the customer;
8.
Shall
dispose of solid waste at an authorized Department of Environmental
Quality (DEQ) site or sites approved by the Douglas County Solid Waste
Director or shall resource-recover such wastes, both in compliance
with state law and this Chapter. Such approved sites may or may not
be owned and operated by Douglas County or located within the geographic
boundary of Douglas County. In addition, licensee shall agree as a
condition of the license that the City Recorder may direct licensee
to deliver all or a portion of collected wastes to an energy or materials
recovery plant or facility to assure adequate minimum volume for that
facility. This provision shall be liberally construed in the interests
of promoting an energy or materials recovery plan or program adopted
by or approved by the City or state. Furthermore, licensee recognizes
the City's rights and interest to be paramount in solid waste for
purposes of resource and energy recovery;
For waste disposed of at a Douglas County owned site, licensee
shall pay the fees imposed by Douglas County. For waste exported to
an approved disposal site not operated by Douglas County, the licensee
shall pay Douglas County the Flow Control Fee and pay the disposal
fees charged by the approved disposal site.
9.
Shall advise and inform all City customers of the public regulations set forth in Section 9.20.060;
10.
Shall agree that the rights and privileges granted to licensee pursuant
to this Chapter shall not in any manner interfere with the City's
right to enter into agreements with any City or county for joint or
regional licensing of solid waste management services.
(Ord. 2973 § 1 (part),
1996; Ord. No. 3555, § 1, 5-10-2021)
A.
Preparation
of Waste for Collection.
1.
Garbage
shall be drained of surplus water, shall be securely wrapped in wrapping
material or in several thicknesses of newspaper and shall be deposited
in a standard solid waste container.
2.
Ashes
shall be allowed to cool and shall be securely wrapped or bagged before
they are deposited in any container.
3.
All
rubbish, with the exception of large bulky items, shall be deposited
in a standard solid waste container or in an approved type of substitute
solid waste container, or be so placed or located for licensee collection
as not to create a safety, nuisance, litter or health hazard.
4.
Bulk
solid waste may be placed in a substantial box located near the approved
standard container, but the material so segregated shall be kept in
a dry condition in accordance with the regulations of this Chapter,
and so as not to create a nuisance or fire hazard. Newspaper, magazines
and similar items, when not placed in a container, shall be bundled
and securely tied with a strong cord to prevent blowing and littering
prior to collection.
5.
Source-separated
material for recycling or reuse shall be prepared and placed in the
residential recycling container or in conformance with rules adopted
by the City Recorder. Customers shall place recyclable materials adjacent
to the public way abutting the customer's property that is used by
the licensee's collection equipment or in a location on customer's
property approved by the licensee.
6.
No
person shall place hazardous solid wastes out for collection or into
any container supplied by a licensee unless the licensee and ultimate
disposal site agree prior to depositing the wastes.
7.
All
pet litter shall be wrapped in leak-proof materials.
B.
Container
Requirements.
1.
In
addition to compliance with state law, it shall be the responsibility
of every occupant or owner of every residence, apartment house, dwelling
unit or other building, structure or premises on which solid waste
is produced for collection, to provide at all times and to keep on
the premises in a convenient place for collections, suitable, adequate
and not easily corrodible containers.
2.
Except
for drop boxes, containers shall be equipped with tight-fitting covers
sufficient to keep out water and to prevent disturbance by animals
and entrance of insects. For residential dwelling units, household
waste containers shall be not less than five nor more than thirty-two
gallon capacity unless approved or supplied by licensee. Such containers
shall be equipped with suitable handles by which they may be lifted.
Such containers shall be tapered from the top to a smaller bottom,
rigid, fireproof, rodent-proof and able to withstand hot and cold
weather without cracking and splitting.
3.
Except
for drop boxes, solid waste containers shall be kept closed, except
when being filled, emptied or cleaned and shall be kept in a clean
and sanitary condition by customer. Solid waste placed in containers
that are not designed for emptying by mechanical means shall not exceed
a weight of sixty pounds including any such container and contents.
Sunken refuse cans or containers shall not be used unless they are
placed above ground by the owner for service.
4.
Every
container in the City shall be of a type or general class approved
by the City Recorder. In granting approval for different types or
general class of container, the City Recorder may modify the requirements
of this Section.
C.
Storage
and Removal from Premises.
1.
It
is unlawful for any person owning or occupying any building, lot or
premises to allow any solid waste to collect and remain upon the lot
or premises; provided, however, that this provision shall not be construed
as interfering with buildings under a building permit during the course
of construction or demolition of a building, and within a reasonable
time thereafter. This Subsection does not apply to loose bulk material
temporarily stored pending removal by a licensee who provides the
service; provided, that such storage shall not be allowed to create
a safety, fire, health or nuisance hazard as determined by the City
Recorder.
2.
It
is unlawful for any person, upon vacating or removing from dwelling,
storerooms or any other buildings, structures or premises, to fail
to remove all solid waste from such buildings and premises, or to
fail to place the same in a thoroughly sanitary condition within forty-eight
hours after the premises are vacated.
D.
Multi-Family
Housing Complex.
1.
An
owner of a multi-family housing complex shall provide:
a.
A separate location for recycling containers which is convenient
for collections;
b.
Adequate containers for at least four principal recyclable materials;
c.
Weekly collection service of the recyclable materials; and
d.
Notice at least once a year of the opportunity to recycle with a
description of the location of the containers on the premises and
information about how to recycle.
2.
New
tenants shall be notified of the opportunity to recycle at the time
of entering into a rental agreement.
E.
Littering
and Disturbance Prohibited.
1.
Except
as provided in Paragraph 3 of this Subsection, it is unlawful for
any person to sort, scatter, dump, deposit or cause to be deposited
any solid waste along the bank of or in any canal, ditch, creek or
river, or in any street, alley or park, or on any lot, place or premises
in the City, whether public or private. Such materials shall be disposed
of only in disposal sites approved by the Oregon Department of Environmental
Quality or other governmental agency having jurisdiction. Nonputrescible
solid waste materials may, however, be used in a manner approved by
the City Recorder or in compliance with all applicable statutes, ordinances
and regulations or rules for improving property by grading or resurfacing.
2.
It
is unlawful for any person, not authorized to do so, to remove the
lid from any solid waste container or to collect, molest or scatter
solid waste stored in such container or to deposit solid waste into
such container.
3.
Paragraph
A of this Subsection does not apply to solid waste materials for recycling
or reuse placed for collection in conformance with this Subsection
and Subsection 9.20.060.C., nor to solid waste in containers.
4.
No
person other than the person producing the materials contained therein,
or any officer, employee or permittee of the City, or any employee
of a licensee shall interfere with any solid waste container, or remove
any such container or its contents from the location where same has
been placed by the person producing the contents of the container.
(Ord. 2973 § 1 (part),
1996)
The City Recorder is authorized, at reasonable times and places,
to inspect licensee's books and records for any purpose relevant to
licensee's performance as required by this Chapter, and to ensure
compliance with and enforcement of, this Chapter.
(Ord. 2973 § 1 (part),
1996)
In accordance with Chapter 9.102, the City Recorder is authorized to adopt administrative regulations concerning solid waste management services and the licensing thereof. Those regulations may address, but not be limited to, the following area:
A.
Minimum
maintenance and sanitation standards for collectors' vehicles;
B.
Minimum
standards for all information to be included in licensees' records;
C.
Minimum
standards for establishing service areas for a licensee; and
D.
The
procedure to be used in reviewing and reporting to the Council proposed
rate adjustments by licensees.
(Ord. 2973 § 1 (part),
1996)
The denial of any application for license, or the suspension or revocation of any license issued under this Chapter or the appeal thereof, shall be in accordance with Chapter 9.100 of this Code.
(Ord. 2973 § 1 (part),
1996)
