RCW Chapter 70.95, WAC Chapter 173-304, RCW Chapter 70.105, and WAC Chapter 173-303, except the definition of "solid waste" in WAC Chapter 173-304, as any or all of the same may be hereafter adopted or amended, are adopted by this reference. Where Chapter 8.08 of the Prosser Municipal Code provides a higher or stricter standard of solid waste management than RCW and WAC, such provision(s) of Chapter 8.08 shall control.
(Ord. 839 § 4.1 1972; Ord. 1368 § 1, 1987; Ord. 1443 § 2, 1989)
It is the duty of every person in possession, charge or in control of any dwelling, flat, rooming house, apartment house, motel, trailer court, hotel, restaurant, eating place, tavern, cocktail lounge, club, hospital, nursing or rest home, school or boardinghouse; or in possession, charge or control of any shop, place of business or manufacturing establishment where solid waste and/or special wastes are created or accumulated, at all times to handle the solid waste and special wastes in compliance with the Solid Waste Management Act, RCW Chapter 70.95, and WAC Chapter 173-304, and as they may be hereafter enacted or adopted, or amended, including keeping or causing be to kept portable appurtenances, metal or approved cans for the deposit therein of garbage, and to deposit or cause to be deposited the same therein. Every failure thereof is unlawful, and a violation of this chapter, and for any violation of this provision by persons, in addition to subjecting the person to penalties described in Section 8.08.680, the city may request the collector to collect and remove the garbage and such person or persons shall be jointly and severally legally obligated to pay the collector according to his usual rate of charges for collection, removal and disposal.
(Ord. 839 § 5.1, 1972; Ord. 1368 § 2, 1987)
Every accumulation of solid waste and special waste is unlawful, and for any accumulation or other violation of Chapter 8.08 by a person or persons, in addition to subjecting such person or persons to penalties described in Section 8.08.680, the city may collect and remove, or cause to be collected and removed, the solid waste and such person or persons shall be jointly and severally legally obligated to pay for charges and costs for collection, removal, and disposal. The charges for services are to be paid to the city, and may be billed to such person or persons on their utility bill(s) and shall be fully paid when the utility bill is due, and shall be subject to the same penalties and charges for delinquent payments as utility bills.
(Ord. 1367 § 1, 1987; Ord. 1458 § 1, 1990)
Any person, firm, corporation or other entity, or other organizations or body who shall cause, contribute to, have, maintain, permit, allow or tolerate a nuisance, or be in possession, or occupy or own any premises upon which a nuisance exists in any degree shall be subject to all duties, obligations and remedies as provided by this chapter, and by laws and regulations, and shall be guilty of violation of this chapter, and shall be subject to charges and penalties as provided in this chapter, including but not limited to Section 8.08.680 and Section 8.08.441.
(Ord. 1443 § 3, 1989)
It is the duty of any owner of any dwelling, flat, apartment house, trailer park, or motel to furnish or to see that his tenants are supplied with such cans.
(Ord. 839 § 5.2, 1972)
Solid waste containers shall be constructed in such a manner as to be strong, watertight, not easily corrodible, rodent-proof, insect-proof, of not less than fifteen and not more than one hundred five gallons provided, however, containers in excess of thirty-two gallons shall be provided by collector to assure compatibility with collection equipment. Such containers shall be properly equipped with handles and tight-fitting lids. Solid waste containers shall not be filled with dish water or other liquid or semi-liquid kitchen wastes which are probably disposable down the sanitary drains. Such container shall not be overloaded beyond the point where covers can be securely replaced. Such container shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material. Each container shall be kept in a place accessible to the collector but he is not required to carry the refuse further than necessary.
(Ord. 839 § 5.3, 1972; Ord. 2111 § 2 (part), 1999)
Each residential solid waste container shall be kept clean inside and out, so that no odor nuisance shall exist, and the area around such container shall be kept in a neat and sanitary condition by the residential customer. The collector shall place tags on solid waste containers found to be in violation of this section. Two or more violations of this provision by a person shall subject the person to the penalties described in Section 8.08.680.
(Ord. 839 § 5.4, 1972; Ord. 2111 § 2 (part), 1999)
Large, suitable containers or transfer stations for both collection and removal of garbage may, with the approval of the collector, be used by hotels, restaurants, boardinghouses, eating places, apartment houses, schools and hospitals, and in the business district.
(Ord. 839 § 5.6, 1972)
It shall be the duty of every person to cause such garbage to be collected, removed, and disposed of, only by the collector. Every failure thereof shall be unlawful, and a violation of this chapter, and for any violation of this provision by persons, in addition to subjecting the person to penalties described in Section 8.08.680, the city may request the collector to collect and remove the garbage and such person or persons shall be jointly and severally legally obligated to pay the collector according to his usual rate of charges for collection, removal and disposal without delinquency.
(Ord. 839 § 5.7, 1971; Ord. 1230 § 1, 1982; Ord. 1451 § 1, 1989)
A. 
Except as provided in Section 8.08.527, every residence, except for apartments and mobile home parks, within the corporate limits of the city shall be assessed at least the minimum monthly residential garbage service charge or such greater amount based upon usage, all as determined in accordance with Section 8.08.660.
B. 
Every commercial establishment, including apartments and mobile home parks, within the corporate limits of the city shall be assessed at least the minimum monthly commercial garbage service charge or such greater amount based upon usage, all as determined in accordance with Section 8.08.660.
C. 
Every industry within the corporate limits of the city shall be assessed at least the minimum monthly industrial garbage service charge or such greater amount based upon usage, all as determined in accordance with Section 8.08.660.
D. 
Any commercial establishment which has a shared garbage service and provides proof of a shared garbage services agreement shall be assessed the garbage service charges based upon actual usage or, if there is no garbage service charged based upon actual usage, then the garbage service charge shall be the total of the minimums for all businesses of such commercial establishment.
E. 
Any triplex or fourplex which has a shared garbage service and provides proof of a shared garbage services agreement shall be assessed the garbage service charges based upon one of the following:
1. 
The equivalent of one container per dwelling unit; or
2. 
The equivalent of a one-yard container or larger.
F. 
All garbage service charges shall be included in and made a part of the customer's monthly utility bill and shall become due and payable in accordance with the provision of Chapter 13.10. Any delinquent amounts shall be and become a lien upon the property under the provisions of RCW 35.21.130 through 35.21.150 and as provided for in Section 13.10.200.
(Ord. 1868 § 1, 1996; Ord. 1872 § 1, 1996; Ord. 1882 § 1, 1996; Ord. 2039 § 1, 1998; Ord. 2111 § 2 (part), 1999; Ord. 2808 § 1, 2013)
The imposition and collection of the minimum monthly residential garbage service charge on an unoccupied residence may be suspended if the owner of an unoccupied residence signs a request for suspension of garbage service which request shall contain, at least, the following:
A. 
The name and address of the owner;
B. 
The address of the unoccupied residence;
C. 
A statement that the owner agrees to notify the city and request reinstatement of garbage service to the premises prior to occupancy; and
D. 
A statement that if the owner fails for any reason to notify the city and request reinstatement of garbage service prior to occupancy that the owner will be liable for the minimum monthly residential garbage service charges or such greater amount based upon actual usage that would have accrued from the date of suspension.
(Ord. 2038 § 1, 1998)
The collector shall collect, remove and dispose of all garbage of each occupied residence or separate apartment unit thereof at least once a week; all commercial and industrial establishments in the city at least once per week or more often as agreed between the commercial or industrial establishment and the city and collector.
(Ord. 839 § 7.1, 1972; Ord. 2111 § 2 (part), 1999)
The city reserves the right to and may at its option require the separation of paper or other component parts of solid waste or special wastes, may require the deposit thereof in separate cans or receptacles, and may prescribe the methods of removal and disposal thereof.
(Ord. 839 § 8.1, 1972)
The city council may enter into a contract, or into separate contracts, for collection, transportation, and disposal, covering the exclusive right to collect, remove and/or dispose of solid waste and special wastes, subject to the provisions of the chapter.
(Ord. 839 § 9.1, 1972; Ord. 1016 § 1, 1976; Ord. 3040 § 1, 2017)
The collector shall furnish a corporate surety bond to the city in the sum of fifty thousand dollars. In lieu of a performance bond, the collector may submit an irrevocable letter of credit, or a cash account or certificate of deposit (collectively herein defined as "security instrument"), in a form acceptable to the city, from a banking institution, in the same amount as the bond. Said bond or security instrument approved by the city shall provide assurance that the collector shall faithfully perform its contract and comply with all ordinances of the city and all rules, regulations, laws and statutes relating to this business, including the provisions of this chapter, and in addition provide for payment of all laborers, mechanics and subcontractors and materialmen. In the event that a security instrument produces earned interest, any and all such interest generated shall be under the ownership and control of the collector.
(Ord. 839 § 9.2, 1972; Ord. 2111 § 2 (part), 1999; Ord. 2781 § 1, 2012)
As a breach of the service provided by this contract would cause serious and substantial damage to the city and its occupants, and the nature of this contract would render it impractical, or extremely difficult to fix the actual damage sustained by the city by such breach, it is agreed that in case of such breach of service the city may elect to collect liquidated damages for each such breach, and the contractor will pay to the city as liquidated damages, and not as a penalty, the amounts specified therefor in the contract, such sums being agreed as the amount which the city will be damaged by the breach of such service. An election to seek such remedies shall not be construed as a waiver of any remedies the city may have as to any subsequent breach of service under the contract.
(Ord. 839 § 9.3, 1972)
A. 
In the event the city elects to contract for the services defined in this chapter the contractor shall agree to indemnify the city against any and all claims for loss, liability, death or damage, arising out of or in connection with the solid waste service and in connection with or arising out of the acts or negligent omissions of the contractor's officers, agents or employees, however caused. The contractor shall procure and maintain, at his own expense during the life of this contract and any renewal thereof, liability insurance in the amounts and including completed operations and contractual coverages as specified in the contract for solid waste services.
B. 
The city is to be named as an additional insured under the contractor's policy and the contractor's insurance policy is to be the primary insurance coverage.
C. 
All such insurance shall be subject to the approval of the city for adequacy of protection, and shall include a provision preventing cancellation or alteration without sixty days' prior notice to the city in writing.
(Ord. 839 § 9.4, 1972; Ord. 2111 § 2 (part), 1999)
The mayor is hereby empowered and authorized to appoint a suitable and qualified person(s), subject to budget provisions, to supervise the collection, transportation and disposal of solid waste and garbage and for the supervision of the sanitary landfill operation. Inspection of the solid waste collection, transportation and disposal within the city is designated to be performed by the Benton Frank­lin Health District. All inspections shall meet all city and state Department of Ecology requirements.
(Ord. 839 § 9.5, 1972)
Every person shall dispose of all solid waste and special wastes promptly according to the terms of this chapter and the rules and regulations, and the state statutes and regulations, and no person shall perform any of the provisions of the contract referred to in Sections 8.08.550 through 8.08.590 except the collector, unless otherwise expressly authorized herein.
(Ord. 839 § 10.1, 1972)
A. 
The storage and retention of solid waste and special waste upon any private property in the city is declared to be a public nuisance and shall be abated, removed and disposed of in accordance with the provisions of this chapter, including, but not limited to, Section 8.08.441, Section 8.08.620 and hereinafter in subsections C through G.
B. 
The city building inspector shall act upon and certify to every such violation referred to in subsection A of this section, which shall come to his attention.
C. 
Costs of abatement, removal and disposal shall be paid by occupant(s) and person(s) having control of the property, including the owners, and shall become a lien upon the property under the provisions of RCW 35.21.130 through 35.21.150.
D. 
Before the abatement and removal of the solid waste and special waste, notice shall be given to the occupant(s) residing upon the property, and to the owner(s) of the property according to the records of the Benton County assessor, that a public hearing may be requested before the city council of the city, and if no hearing is requested within ten days, the solid waste and special waste will be removed, disposed of and abated and the costs thereof assessed in accordance with this chapter.
E. 
If a request for hearing is received by the city, a notice giving the time, location and date of such hearing on the question of the abatement, disposal and removal of all solid waste or special waste shall be mailed by certified or registered mail, with a five-day return requested, to the persons occupying, controlling and owning the property, as referred to in subsection D of this section.
F. 
The applicant(s) for hearing may appear in person at such hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the solid waste and special waste on the property with reasons for such denial.
G. 
The city shall determine all costs of the proceedings and of the abatement, removal and disposal of the solid waste and special waste under this section, and under Section 8.08.441. The city may within ninety days after the abatement, removal and disposal of the solid waste and special waste from the property, file for recording with the Benton County auditor, a claim of lien for all costs, which shall be in substance in accordance with the provisions governing liens for labor and material in RCW Chapter 60.04, and said lien may be foreclosed in the same manner as such liens.
(Ord. 1425 § 1, 1989; Ord. 1458 § 2, 1990)
The contract referred to in Sections 8.08.550 through 8.08.590 shall provide: The contractor shall collect, remove and dispose of solid waste and special waste for a price not to exceed that specified in the contract negotiated with the city.
(Ord. 839 § 11.1, 1972; Ord. 2111 § 2 (part), 1999)
The city shall have the power, from time to time, in an appropriate manner to set forth and determine rules and regulations and rates, duties and responsibilities, and such other matters as may be necessary in the discretion of its city council for the proper execution of this chapter.
(Ord. 839 § 12.1, 1972)
A. 
Supervision by the City. The city superintendent shall supervise the collection of solid waste and garbage.
B. 
Solid Waste Fund. There is created and established a special fund to be known and designated as the solid waste garbage fund into which all monies collected under this chapter shall be deposited and kept by the treasurer of the city and from which all expenses for the supervision, collection, removal, transportation, and disposal of solid waste and other operational expenses shall be paid.
(Ord. 839 §§ 13.1, 13.2, 1972; Ord. 1016 § 2 (part), 1976)
A. 
Limitations of Service.
1. 
The collector may refuse to pick up materials from points where, because of the condition of the streets, alleys or roads, it is impracticable to operate vehicles; and may refuse to drive into private property when in his judgment, driveways or roads are improperly maintained or without adequate turnarounds or have other unsafe conditions.
2. 
The collector will not be required to enter private property to pick up material while an animal considered or feared to be vicious is loose. The customer will be required to confine the animal on pickup days.
3. 
The collector does not warrant pickups at any particular hours other than to meet reasonable requirements. No credit will be given for a skip in scheduled service due to weather or road conditions if garbage missed is taken on next pickup.
4. 
The collector assumes no responsibility for articles left on or near cans or units other than reasonable care.
B. 
The schedule of charges together with any increases or decreases thereto shall be as set forth in a separate ordinance passed by the city council.
C. 
Additional Charges.
1. 
An administrative fee in an amount set forth in a separate ordinance passed by the city council will be added to all of the foregoing;
2. 
An additional charge of 3.6 percent state refuse tax, as per RCW 82.18.020, is added to the total consideration charged to the consumer, except that it is not added to the state business and occupation tax as described in subsection (C)(3) of this section;
3. 
An additional charge of 1.5 percent state business and occupation tax, as per RCW 82.04.290, is added to the total consideration charged to the consumer, except that it is not added to the state refuse tax as described in subsection (C)(2) of this section;
4. 
In addition, a billing fee in an amount set forth in a separate ordinance passed by the city council will be added to the foregoing;
5. 
Any applicable local, state or federal tax or charge now or hereafter imposed.
(Ord. 839 § 13.1, 1972; Ord. 1016 § 2 (part), 1976; Ord. 1061 § 1, 1977; Ord. 1066 § 1, 1977; Ord. 1143 § 1, 1980; Ord. 1180 § 1, 1980; Ord. 1216 § 1, 1981; Ord. 1248 § 1, 1983; Ord. 1272 § 1, 1983; Ord. 1302 § 1, 1985; Ord. 1314 § 1, 1985; Ord. 1327 § 1, 1985; Ord. 1357 § 1, 1987; Ord. 1370 § 1, 1987; Ord. 1407 § 1, 1988; Ord. 1417 § 1, 1989; Ord. 1436 §§ 1, 2, 1989; Ord. 1457 §§ 1–9, 1989; Ord. 1472 § 1, 1990; Ord. 1494 § 1, 1990; Ord. 1495 § 1, 1990; Ord. 1511 § 1, 1991; Ord. 1553 § 1, 1991; Ord. 1558 §§ 1–4, 1992; Ord. 1887 § 1, 1996; Ord. 2111 § 2 (part), 1999; Ord. 2112 § 1, 1999; Ord. 2808 § 2, 2013; Ord. 2918 § 1, 2014; Ord. 3020 § 1, 2017)
A. 
Definition of Terms. "Temporary garbage service" means garbage service that requires the delivery of a container to a residential or commercial garbage customer with one or more collections required and which service is not part of a residential or commercial garbage customer's regularly scheduled collection service.
B. 
Deposit Required for Temporary Garbage Service. Temporary garbage service accounts are to be established by the payment of a deposit in the amount set forth in a separate ordinance passed by the city council.
C. 
Billing Procedure for Temporary Garbage Service. Temporary garbage service shall be billed in accordance with the terms of Section 8.08.670.
D. 
Return of Deposit. On or before forty-five days after the temporary garbage service customer pays his bill for temporary garbage service in full, the city shall return the deposit required in subsection B of this section to the customer. In the event that the temporary garbage service customer fails to pay any portion his bill pursuant to the terms of Section 8.08.670, then the city may apply the deposit to the customer's outstanding bill before refunding the remaining deposit to the customer.
E. 
Limit on City's Liability to Collector. The city of Prosser shall not be liable to the collector for any unpaid bills for temporary garbage service to the extent that such bills exceed the amount of the deposit required by subsection B of this section. The collector shall have the sole responsibility for collecting unpaid bills for temporary garbage service to the extent that such bills exceed the deposit required in subsection B of this section.
(Ord. 2191 § 1, 2000; Ord. 3020 § 2, 2017)
Low-income senior citizens and low-income disabled citizens as defined in Sections 13.10.380(A)(2)(a) and (b), as now codified or hereafter amended, shall be entitled to a reduction of fifty percent of the charges specified in Section 8.08.660. This reduction shall not apply to the charges specified in Section 8.08.660(C).
(Ord. 1968 § 1, 1997; Ord. 2111 § 2 (part), 1999; Ord. 2808 § 3, 2013)
All charges for water, sewer, garbage, street utility, transit fee and all applicable utility taxes and surcharges, either previously and/or hereafter adopted, shall be billed in accordance with Chapter 13.10 as now exists or as may hereby be amended or recodified. The amounts of all charges shall become a lien upon the property for which the service is rendered, in whole or in part. In the event of foreclosure, such lienable charge shall include all costs and attorney's fees of foreclosing said lien.
(Ord. 839 §§ 13.2, 13.3, 1972; Ord. 1016 § 2 (part), 1976; Ord. 1336 § 1, 1986; Ord. 1765 § 1, 1995; Ord. 2808 § 4, 2013)
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction is subject to a fine of one thousand dollars or imprisonment for one year, or to both such fine and imprisonment. Each day during any portion of which such violation occurs shall constitute a separate offense.
In addition to any fine or imprisonment, or both, that may be imposed for such violation, the violation may be ordered abated, and all property which is used in such violation disposed of or destroyed, all at the cost of the defendant, which cost shall be a lien upon the property of the defendant, and recovery shall be in the name of the city of Prosser of the amount of cost of abatement and of enforcement, including attorney's fees.
(Ord. 839 § 15.1, 1972; Ord. 1336 § 2, 1986)
Any garbage customer who disagrees with the garbage service they are currently receiving or who believes that the charges they pay for garbage service are inequitable may request a meeting with the city administrator. If the situation is not resolved at said meeting, then said customer may, within ten days of said meeting, appeal the determination of the city administrator to the city council. The request for a meeting and notice of appeal to the city council shall be in writing and signed by the customer.
(Ord. 1881 § 1, 1996)