For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When consistent with the context, words in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
means any property or use which is not a residence or combination
of residences as defined herein.
means refuse not normally accumulated on or about a dwelling
or business establishment such as:
Discarded automobile parts or tires, or household furniture;
Billboard refuse;
Silt or refuse from automobile wash racks;
Manure, other than light applications on lawns or gardens for
fertilizing purposes;
Any refuse resulting from wrecking, construction or reconstruction
of any building, fence, sidewalk or structure of any kind or character;
Dead animals;
Large or bulky boxes, barrels, tanks or containers; or
Any waste material of any unusual or excessive amount not normally
accumulated as rubbish.
means any and all kitchen refuse, rejected or waste food,
meat, fish, fowl, offal, carrion or other refuse, accumulations of
fruit, vegetable or animal matter that attends the preparations, use,
cooking of, dealing in, or storage of meats, fish, fowl, fruits, vegetables
or other substance which may decompose, or become foul, offensive,
unsanitary or dangerous to health.
means any park, court, camp, lot, area, piece, parcel, tract
or plot of ground upon which more than one mobile home is used, whether
for compensation or not.
means any building or group of buildings immediately contiguous
to each other, whether joined or not, under common ownership, and
used exclusively for human habitation for more than one family.
means each dwelling unit providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
means any refuse, excepting garbage, normally accumulated
for disposal on or about a dwelling or place of business, such as
cans, jars, bottles, containers, papers, glass, ashes, boxes, shavings,
excelsior, clothing, dishes, or trash of any kind or character not
otherwise classified as garbage or debris herein.
means an entity responsible for a utility account, either
a property owner or a renter who has paid to the city the appropriate
deposit.
means any lawn or shrubbery clippings, tree trimmings, garden
plants, or waste of any kind or character of an organic material,
not otherwise classified as garbage, debris or rubbish herein, which
may be utilized in mulch.
(Prior code § 11-1; Ord. 00-006 § 15, 2000; Ord. 02-013 § 1, 2001)
The rates established herein and hereafter shall be reviewed
by the city council and may be adjusted at such time by resolution
of the city council following public notice and hearing on such change.
Effective rates will be published on the city website. Billing policies
and procedures heretofore adopted by action of the city council are
confirmed where not in conflict with this section, and may be supplemented,
altered or repealed by motion of the city council.
(Prior code § 11-1.1; Ord. 17-021 § 1, 2017)
A.
It shall
be the duty and responsibility of the director of public works or
designated representative to carry out and see that the provisions
of this chapter are enforced.
B.
The
director of public works or representative may, subject to the approval
of the city council, promulgate such rules and regulations as may
be necessary to carry out the intent of this chapter.
(Prior code § 11-2)
For the protection of health, safety and the general welfare, the city shall and is authorized, except as provided herein, to exercise the sole authority and responsibility for the collection and disposal of garbage, refuse and debris as defined in this chapter, except as described in Section 8.12.050.
(Prior code § 11-3)
A.
All
lands annexed to the city subsequent to the adoption of this section
shall have collection and disposal services provided by either the
city or any designated private collection service or services. Services
provided by any firm shall be at least equal in quality and quantity
to the services described in this chapter. Should services provided
be deemed by the city council to not meet the standards of this chapter,
the council may order city service provided to all affected premises.
B.
The
selection of service provided shall be the choice of the owner or
occupant of the premises served until 50% of all plotted parcels or
developed structures shall request city service. The determination
of percentage is defined as the majority of all individual residential,
commercial or multifamily accounts within the boundaries of the annexed
area as described in the annexation ordinance.
C.
When
50% of such accounts are achieved, the city shall, for the protection
of health, safety and welfare of the affected area, assume the sole
authority and responsibility for the collection of garbage, refuse
and debris in accord with the provisions of this chapter. Prior to
the assumption of service, the city shall provide written notice 30
days in advance of such assumption to the providers of service and
the affected premises.
(Prior code § 11-4)
A.
It shall
be the duty of any owner, agent, tenant, purchaser, contractor, lessee
or other person in charge of any premises within the city, including
place of business, dwelling house, apartment, tenement, construction
site or other establishment, at all times, to maintain the premises
in a clean and orderly condition, permitting no deposit or accumulation
of materials other than those necessary or ordinarily attendant upon
construction or upon the use for which such premises are legally intended.
Any such accumulation is declared to constitute a nuisance and nonconforming
use of the premises.
B.
It is unlawful for any person described in subsection A of this section to neglect or refuse to remove the offending deposit or accumulation within five working days after the date on which he or she receives written notice from the director of public works or his or her representative, notifying the person that the condition of the premises is not in compliance with the provisions of subsection A of this section.
(Prior code § 11-5)
It is unlawful for any person to scatter, deposit, throw or
sweep any garbage, rubbish or debris on or into any street, street
gutter, sewer intake, alley, vacant property or any property owned
by the city, except in designated receptacles and areas.
(Prior code § 11-6)
No person, corporation or individual shall collect, store or
deposit any materials classified as hazardous by the state or the
Environmental Protection Agency. Storage of such materials may be
permitted if a formal application for storage is made before the city
council, however, no on-site disposal or other deposit of such materials
shall be permitted.
(Prior code § 11-7)
It is unlawful to burn any garbage within the city. Incineration
of certain refuse items shall be permitted only if the incinerator
has written permission from the state for same.
(Prior code § 11-8)
The city shall provide containers for the deposit and collection
of garbage, refuse, and yard waste. Containers provided in areas designated
for curbside service shall be provided with a roll out container.
In all other areas, containers shall be placed upon public ways in
locations designated by the city. Containers shall be and remain the
property of the city.
(Prior code § 11-9; Ord. 02-013 § 2, 2001)
The owner or occupant of all premises shall deposit all garbage,
refuse, and yard waste exclusively in the container designated for
their use. Tree trimmings are to be placed into designated containers.
Recyclable materials must be placed in separate containers in compliance
with the curb-side recycling program and placed for collection on
the designated pick-up day at the front yard of residences. It is
unlawful for any person to deposit garbage or refuse in containers
designated for yard waste. Disposition of debris is addressed separately
under the collection provisions of this chapter.
(Prior code § 11-10; Ord. 02-13 § 3, 2001; Ord. 09-007 § 1, 2009)
In designated curbside collection areas, the person or persons
assigned a rollout container shall be responsible for the cleanliness
and general upkeep of the container provided. The city shall be responsible
for repair and replacement of containers caused by normal usage. Any
damage caused by negligence or abuse shall be repaired or replaced
by the city at the expense of the person responsible for same.
(Prior code § 11-11)
A.
The
city shall provide adequate facilities and personnel to accomplish
the removal of all garbage, rubbish and debris.
B.
The
city administrator or designated representative shall establish regular
schedules for the removal of garbage and rubbish from stores, restaurants,
other businesses and institutions, as necessary, and shall provide
collection once a week at residential premises. The city shall have
the right to enter upon private property at all reasonable hours of
the day for the purpose of collecting garbage and rubbish. This chapter
shall not prohibit collectors of refuse from outside the city from
hauling such refuse over city streets, provided such collectors comply
with the provisions of this chapter and any other applicable laws
or ordinances of the city.
(Prior code § 11-12)
To initiate service, any person or persons shall contact the
city. For all nonsingle-family residential accounts, the city shall
meet with the affected persons and establish volume and frequency
of collection. Any owner or occupant may request additional capacity
or frequency. The city shall provide same in the manner described
in this chapter and at such fees as shall be established.
(Prior code § 11-13)
For the protection of health, safety and general welfare, the
city shall have the authority to require any person or persons to
increase the capacity or frequency of sanitation collection and compensate
the city for such additional service. Should any person believe the
required additional service is not necessary, he or she may request
review by the city council.
(Prior code § 11-14)
Provision of collection and disposal, service and fees or readiness
to serve charges may be suspended upon written request of the owner
or occupant. Such suspension shall only be granted if municipal water
service is also suspended to the owner or occupant.
(Prior code § 11-15)
Debris, as defined by this chapter, shall be stored on the property
of person or persons generating same. Debris shall not be placed directly
in containers provided by the city, unless special arrangements are
made for such disposal. Any unauthorized deposit of debris in containers
is unlawful. Collection and disposal of such debris shall be a special
collection as defined herein. Any large or bulky item which could
constitute a danger to the health, welfare or safety of the public
shall be safeguarded by the person responsible for same to the satisfaction
of the city.
(Prior code § 11-16)
Removal and disposal of debris shall be the responsibility of
the owner or occupant generating such debris. The owner may remove
such debris, contract for removal by another party or request the
city to remove. The city shall remove debris for such additional fees
as shall be established.
(Prior code § 11-17)
Any person or persons may request a special collection of any
garbage, refuse or debris. Such additional service shall be provided
at such fees as shall be established.
(Prior code § 11-18)
Cooking oils and grease shall be placed in a sealed container
before depositing in any collection device. Direct deposit of cooking
oils or grease not placed in a sealed container is unlawful.
(Prior code § 11-19)
A.
In areas
of curbside service, it shall be the responsibility of the owner or
owners to cause their rollout container to be placed at the location
designated in this section, on the day scheduled for collection. In
the event the owner or occupant fails to place the container at curbside,
or if the city fails to collect the container for cause as provided
herein, the city shall be deemed to have provided service whether
or not the container is emptied. Requests to empty any such container
may be considered a special collection.
B.
The
location for placement for curbside service areas shall be immediately
adjacent to the curb. Containers shall not be placed in a manner which
obstructs sidewalks.
(Prior code § 11-20; Ord. 17-021 § 2, 2017)
The city may from time to time place containers or other devices
at various locations to collect litter. Such devices shall be owned,
collected and maintained by the city.
(Prior code § 11-21)
It is presumed that garbage and rubbish is being produced and
accumulated on every occupied place of abode or business in the city,
and every such place shall be subject to entry by the city for inspection
and the removal therefrom of any and all garbage or rubbish found
thereon. Any individual permitted to haul his or her household garbage
and refuse as provided in this chapter, shall be inspected at least
annually. Employees of the city shall have the right to enter upon
and return from private property any time during reasonable working
hours for the purpose of enforcement of this chapter.
(Prior code § 11-23)
Refuse Property of City. Ownership of garbage and refuse material
set out for collection and collected by the city shall be vested in
the city. Any materials placed in or upon any container shall be construed
as being set out for collection.
(Prior code § 11-24; Ord. 17-021 § 3, 2017)
It is unlawful for any person or persons to scavenge, sift through,
remove, collect or scatter any garbage, refuse or debris properly
set out for collection.
(Prior code § 11-25)
The city council shall, pursuant to the provisions of Section 8.12.020, establish rates for each class of service provided, as set forth in Section 8.12.020 of this ordinance. Such rates must be sufficient to offset the total costs of maintenance and operations, inspection, depreciation and capital improvement of the collection and disposal system, including a reasonable allowance for readiness to serve.
(Prior code § 11-26)
Charges for sanitation service shall be due and payable on the
fifteenth of each month. The city shall print on each bill the due
date thereof. Charges for sanitation service shall be printed on the
same billing as water and sewer services. A late charge of an amount
equal to $10 for services shall be added to the regular monthly charge
if not paid on or before the date upon which the same becomes due
and payable. In addition to all other remedies provided herein and
by law, the city may file a lien on the property being served for
past due utility services. Such lien shall be filed in the office
of the Fremont County clerk and shall have priority as provided by
law.
(Prior code § 11-28; Ord. 17-021 § 5, 2017; Ord. 19-019 § 1, 2019)
The billing for sanitation service and any other notices provided
for in this chapter shall be deemed to have been given by the city
to the utility user when such notices are placed in the United States
mail with postage prepaid and addressed to the utility user as shown
in the records of the sanitation utility, or sent through electronic
mail to the address provided by the utility user. In the event a property
owner wants a utility bill to be sent directly to a renter who has
not paid a utility deposit, the property owner shall so notify the
city in writing on the city approved form. Accounts existing prior
to the enactment of the ordinance codified in this chapter will be
billed to the address currently on file until changed by the utility
user or until that account is closed.
(Prior code § 11-30; Ord. 00-006 § 17, 2000; Ord. 19-019 § 2, 2019)
The utility user is specifically responsible for providing,
in writing, billing addresses and other necessary information to assure
the proper billing of all properties. The record of the utility shall
constitute the official record for all billing and charges provided
herein.
(Prior code § 11-31; Ord. 00-006 § 18, 2000)
If any utility user fails to pay monthly charges imposed pursuant to Section 8.12.020 of the Riverton Municipal Code within seven calendar days after the due date of that bill, the city shall notify the utility user by a delinquency/shut off notice stating that unless all outstanding charges on that account are paid within seven calendar days after mailing such notice the water of the utility user shall be shut off any time at the city's option. Additionally, if the utility user does not have water service through the city, the sanitation department's container(s) shall be removed. Failure to receive a utility bill does not relieve the obligation to pay for services rendered.
(Prior code § 11-32; Ord. 00-006 § 19, 2000; Ord. 01-012 § 1, 2001; Ord. 17-021 § 6, 2017)
In the event a utility user shall have services terminated as
provided herein, service may not be reinstated to that utility unless
all outstanding fees accruable against the utility users account are
paid. If termination occurred within the last six months an additional
fee of $50 shall be charged for redelivery of a sanitation department
container(s).
(Prior code § 11-33; Ord. 00-006 § 20, 2000; Ord. 01-012 § 2, 2001)
The user fees established by the city council shall be for the
following classifications of accounts:
A.
Residential.
Provision of once weekly service in the size and capacity defined
in this chapter for one residence. Additional frequency or capacity
shall be an additional fee;
B.
Multifamily
and Mobile Home. Service provided once weekly in the size and capacity
defined in this chapter. The billing method shall bill one residential
charge for each dwelling unit, provided however, the owner may request
containerized service as provided in this chapter. Additional frequency
or capacity shall be an additional fee;
C.
Containerized.
Service provided in the capacity and frequency of collection defined
in this chapter. All commercial accounts shall be containerized. The
calculation of monthly billing shall be the frequency of weekly collection
times a container fee established by council;
D.
Special
Service. Provision of any special service as provided in this chapter
shall be billed to the person or persons generating same;
E.
Readiness
to Serve. Provision of adequate equipment, capacity and manpower to
provide service to accounts not utilizing city collection and disposal
service.
(Prior code § 11-34)
