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HomeMy WebLinkAboutORD 84-129 ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE SANITATION FEES AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 28, Section 28-20 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-20: Trash. The term shall mean a normal accumulation of rubbish such as tin cans, papers, rags, boxes, glass, household furnishings, applicances, small automobile parts, yard clippings, leaves, brush, bulky waste or refuse discarded by residents and commercial establishments ( specifically excluding old machinery, large parts of automobiles) , scrap iron of all kinds, lumber, furniture and residue of building materials as a result of remodeling with the exception of old shingles or roofing materials. Waste or Refuse. All rubbish, waste or refuse other than that defined as "trash" above, including old machinery , large parts of automobiles, any substance or material which has been discarded or is the waste product of any manufacturing or other establishment or results from the demolition of any structure or building and including further any other objects, substances or things of whatever kind or character which for any reason may be or may have been thrown away , discarded or abandoned that in the discretion of the Director of Sanitation may constitute objects of waste or refuse. Private Hauler. Any person, partnership, association or corporation that will provide commercial or residential garbage collection services in the City of Beaumont under a valid franchise issued by the City of Beaumont. Landfill Division. A division of the City of Beaumont designated to perform sanitary landfill disposal services for the public. Sanitation Department. The department of the City of Beaumont designated to perform garbage and trash collection services for the city. Section 2. That Chapter 28 , Section 28-21 of the Code of Ordinances of the City of Beaumont be, and the same is hereby, repealed. Section 3. That Chapter 28 , Section 28-22(b) and (c) of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-22(b) : Such containers shall be not less than ten ( 10) nor more than forty-five (45) gallon capacity, constructed of metal or plastic, with a tight-fitting lid or cover that is not attached and with handles sufficiently strong for workmen to empty conveniently; provided that nothing herein shall prohibit the use of plastic bags as garbage containers so long as said plastic bags are at least 1 .5 mils in thickness, have a capacity of not more than forty-five ( 45) gallons, and are tied or closed securely. The city shall not be responsible for damage to containers. The top of such containers shall be larger in diameter than the bottom to prevent garbage from sticking to the sides. Every such owner or occupant shall place all garbage which has accumulated on his premises in such container. Section 28-22( c) : Such containers shall not weigh over forty ( 40) pounds or have a gross weight in excess of eighty (80) pounds when full. 2 - D �/�59 i Section 4 . That Chapter 28 , Sections 28-23( a) and (d) of the Code of Ordinances of the City of Beaumont be, and the same are hereby repealed, and that Section 28-23(g) be amended to read as follows: Section 28-23(g) : The Sanitation Department will pick up lumber, ashes, scrap iron, building or construction material not to exceed a quantity of four ( 4 ) cubic yards. Such materials that exceed four (4 ) cubic yards shall be removed by the owner thereof and failure to remove such material shall be unlawful. Section 5. That Chapter 28 , Section 28-25( a) of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-25( a) : Every owner or occupant described in Section 28-22 shall place trash, garbage containers and trash receptacles for collection in a convenient place adjacent to the street abutting their respective premises or at such other place designated by the Sanitation Department, so as to be easily accessible to employees of the department. Section 6 . That Chapter 28 , Section 27( a) (1 ) and (b) of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-27( a) (1 ) : Residences from which the owners or occupants are serviced by a private hauler as defined in this article. Section 28-27(b) : Garbage and trash rates. No rate adjustment will be made for temporary nonuse of service unless the water meter is disconnected. Nonpayment of the garbage collection fee shall 3 - o be sufficient grounds for discontinuance of city water service. The rate for collection outside the city limits shall be one hundred twenty-five percent ( 125% ) of the rate established for service inside the city limits. No type of service will be offered residences exempted under Section 28-27( a) or for vacant lots. The following monthly rates shall be collected for removal of garbage and trash: ( 1 ) The monthly rate for removal of garbage and trash per household unit shall be Ten Dollars and Seventy-Five Cents ( $10. 75) and shall consist of the following elements: Garbage collection. . . . . . . . . . . . . . . . . .$ 7. 45 Trash collection. . . . . . . . . . . . . . . . . . . . 2.80 Clean community fee. . . . . . . . . . . . . . . . . . 50 Ef fective January 1 , 1985, a landf ill closure fee of Thirty-One Cents ( $0. 31 ) shall be added and the monthly rate for garbage and trash per household unit shall be Eleven Dollars and Six Cents ( $11. 06) . These rates shall apply to each household unit not withstanding that such unit is in a multi-family structure or that garbage and trash containers are placed at one location. (2 ) The monthly rate for removal of trash for household units which do not use city garbage collection shall be Three Dollars and Thirty Cents ($3. 30) consisting of the following elements: Trash collection. . . . . . . . . . . . . . . . . . . .$ 2.80 Clean community fee. . . . . . . . . . . . . . . . . . 50 Effective January 1 , 1985, a monthly landfill closure fee of Thirty-One Cents ($0. 31) shall be added and the monthly rate for trash per household unit shall be Three Dollars and Sixty-One Cents ( $3.61) . (3 ) The monthly rate for single family or multi-family residences which receive garbage and trash pickup service from private haulers shall be Fifty Cents ($0. 50) consisting of the Clean Community fee only. 4 - Effective January 1 , 1985, a monthly landfill closure fee of Thirty-One Cents ($0. 31) shall be added and the monthly rate for single family or multi-family residences shall be Eighty-One Cents ($0. 81 ) . ( 4 ) The monthly rate for senior citizens shall be Eight Dollars and Fifty Cents ($8. 50) and shall consist of the following elements: Senior Citizen' s income discount rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8. 00 Clean Community fee. . . . . . . . . . . . . . . . . . 50 Effective January 1 , 1985, a monthly landfill closure fee of Thirty-One Cents ($0. 31) shall be added and the monthly rate for senior citizens shall be Eight Dollars and Eighty-One Cents ( $8.81 ) . The "senior citizen income discount rate" shall apply to customers residing in single-family residences who are over the age of sixty-five ( 65) years whose total annual income, when combined with the total annual income of all persons residing in the residence, does not exceed eleven thousand five hundred dollars ($11,500) . To obtain the senior citizen income discount rate, persons eligible must file a sworn application, on a form provided therefor, with the central collections division. Upon approval of the application, the senior citizen income discount rate shall be applicable for a period of twelve ( 12) months. The rate may be continued for additional twelve-month periods upon application as provided above for the initial twelve-month period and upon satisfaction of eligibility requirements as may be in effect at the time of the application. Section 7 . That Section 28-28( a) (1 ) , 28-28( a) (2 ) and 28-28(b) of the Code of Ordinances of the City of Beaumont be amended to read as follows: - 5 - Section 28 ( a) (1 ) : Institutions that haul their own garbage. Section 28 (a) (2 ) : Institutions that have a private hauler. Section 28(b) : Schedules: The rates set out in the following schedule are monthly charges for sanitation service based on the number of containers as defined in Section 28-22 effective for the period of October 1 , 1984 through December 31 , 1984. 2 pickups 4 pickups Containers per week per week 0-2 $12. 50 $24. 50 3 or more 12. 50 plus 24. 50 plus 2. 00 each 4. 00 each container container in excess of 2 in excess of 2 Schedules: The rates set out in the following schedule are monthly charges for sanitation service based on the number of containers as defined in Section 28-22 effective January 1 , 1985. 2 pickups 4 pickups Containers per week per week 0-2 $12. 81 $24.81 3 or more 12. 81 plus 24. 81 plus 2 . 00 each 4. 00 each container container in excess of 2 in excess of 2 Section 8 . That Chapter 28 , Section 28-31 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , repealed. Section 9 . That Chapter 28, Section 28-32 of the Code of Ordinances of the City of Beaumont be amended to read as follows: 6 - Section 28-32: The charges fixed herein for the removal and disposal of all garbage and trash shall be entered by the city against the owner or occupant using or occupying any building or structure receiving such service. To avoid duplication in billing and as a convenience to the public, the Department of Water Utilities shall include such charges on the monthly water bills. Any person who shall fail or refuse to pay the charge herein specified within fifteen ( 15) days from the date of the bill shall have his garbage service suspended and the Director of the Sanitation Department shall be notified immediately for appropriate action in accordance with the provisions of this article. Section 10. That Chapter 28 , Section 28-33 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-33: Collection of items such as brick , dirt, plaster, sand, gravel, large automobile parts, scrap metal, wire, ashes, dead animals and other bulky or heavy material shall not be included in the regular garbage and trash collection service furnished by the Sanitation Department. The owner shall have such debris removed at his own expense. Section 11. That Chapter 28, Section 28-34 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-34• It shall be unlawful for any person, who is the owner or keeper of any animal to permit the accumulation of manure or excrement of such animal upon any premises of any public right-of-way provided, however, where such animal excrement is used as fertilizer upon any premises, it may be stored for a period not exceeding five ( 5 ) days, and any of such animal excrement not used for fertilizer must be immediately removed and disposed of. The removal of such excrement shall not be included in the regular collection services furnished by the Sanitation Department. 7 - �T�Z� Section 12. That Chapter 28 , Section 28-35 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-35: It shall be unlawful for any person to deposit or cause to be deposited or permit to remain upon any premises owned or occupied by him, or on premises adjacent thereto or in or upon any of the streets, sidewalks, alleys or other public highways or places in the city, the carcass or parts thereof of any dead animal or fowl owned by him or under his control. All such carcasses or parts thereof shall be removed by such person to the city landfill, or otherwise disposed of as may be directed by the superintendent of the landfill division or the same may be removed by the city and the costs paid by such person. If the owner of such dead animal or fowl be unknown, or the owner refuses or fails to remove the same, the city shall, nevertheless, remove any such carcass or parts thereof , and the city shall have the right to collect the costs of such service from the owner, if known, by suit. Section 13. That Chapter 28 , Section 28-36 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-36: Private transportation of refuse; franchise required From and after April 1 , 1985, it shall be unlawful for any person except the duly authorized agents or employees of the city to convey or transport garbage, trash, waste or refuse on the streets, alleys or public thoroughfares of the city for a fee without a valid franchise granted and issued by the City of Beaumont. However, this provision shall not be held to apply to an individual person conveying trash, waste or refuse which has accumulated on premises owned or occupied by him so long as such person is in compliance with Section 28-39 hereof. 8 - Section 14. That Chapter 28 , Section 28-37 of the Code of Ordinances of the City of Beaumont be, and the same is hereby, repealed. Section 15. That Chapter 28 , Section 28-38 of the Code of Ordinances of the City of Beaumont be, and the same is hereby repealed and a new Section 28-38 enacted in its place to read as follows: Infectious and pathological wastes from laboratories, research facilities, and health and veterinary facilities may be accepted for collection if the wastes are double-bagged in plastic bags not less than 1 . 5 mils thick each and conspicuously marked. The waste shall not be comingled with routine solid waste, but shall be segregated for special collection and transportation. Section 16. That Chapter 28 , Section 28-39 of the Code of Ordinances of the City of Beaumont be amended to read as follows: (a) Applicability: All persons, businesses, commercial institutions, public agencies are required to pay a sanitary landfill disposal fee except: 1 ) Any resident of the City of Beaumont with a copy of his most recent utility bill showing a paid garbage fee for the residence from which the refuse was accumulated; 2 ) Nonprofit, charitable organizations who operate, as a necessary part of their day-to-day business, vehicles owned or leased by them for the transport of waste or refuse resulting from collection for the purpose of renovation or repair of donated used material shall be exempt from the fee requirement of this section. 9 - (b) Schedules: Disposal fee for each conveyance to be used by the applicant or any person shall be: Garbage, Trash and Refuse Collected: Inside Outside City City ( 1 ) Loose and noncompacted materials: a. Small vehicles, 1-3 cu. yd. capacity, per load $ 3. 00 $ 4. 00 b. Medium vehicles, 4-7 cu. yd. capacity, per load 7. 00 8. 50 C. Large vehicles, 8-15 cu. yd. capacity , per load 16. 00 19. 00 d. Extra large vehicles: per cu. 1. 11 1. 33 yd. based on vehicle' s rated capacity ( 2 ) Compacted materials: per cu. yd. $ 1. 76 $ 2. 10 based on vehicles rated capacity (c) Any individual, firm or public agency desiring to obtain a permit to pay on a monthly basis shall make application to the superintendent of the landfill division. A service fee of Ten Dollars ( $10) per vehicle shall be charged for processing the application as required by Section 28-40. (d) Failure or refusal by any customer to pay any landfill disposal charges to the landfill division or its authorized representatives within fifteen ( 15) days shall have water and sewer services discontinued to the customer until such time the customer has paid all delinquent landfill disposal bills. Section 17 . That Chapter 28 , Section 28-40 of the Code of Ordinances of the City of Beaumont be amended to read as follows: 10 - Section 28-40. Disposal permit; condition for issuance of permit Upon filing of the application described in Section 28-39, the superintendent of the landfill division shall grant such permit if the following conditions have been met: 1 ) Provision is available to lawfully dispose of the garbage, trash, waste or refuse within the city landf ill; 2 ) The provisions of this article have been met; 3 ) The proposed removal and disposition of such garbage, trash, waste or refuse will not create a public nuisance; and 4 ) The vehicle for conveyance has been inspected and measured by the landfill division; 5 ) Applicant has been current in payment for previous disposal services. Section 18 . That Chapter 28 , Section 28-41 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-41: The permit herein authorized to be issued may be revoked by the superintendent of the landfill division at any time for the violation of or noncompliance with any of the provisions of this article or the conditions under which it was issued, and immediately upon such revocation, the permit issued thereunder shall be surrendered to the landfill division through any of its duly authorized representatives; however, any person feeling aggrieved by such revocation shall have the right to appeal to the director of urban transportation for redress, and such appeal shall be made either by personal appearance on the part of the aggrieved party or by written communica- tion addressed to the director of urban transportation setting forth the cause of complaint. Section 19 . That Chapter 28 , Section 28-42 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-42: All persons or businesses hauling into the city landfill shall deposit such material only in the place designated by a landfill attendant. Such dumping shall only be from Monday through Saturday during the hours of operation as determined by the City Manager. Section 20. That Chapter 28 , Section 28-44 of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-44: Entrance to and dumping of the following at the city landfill shall not be allowed without prior approval of the landfill Superintendent: 1 ) Junk automobiles; 2 ) Human excrement; 3 ) Inflammable liquids; 4 ) Dangerous chemicals; 5 ) Insecticides; 6 ) Industrial chemicals or industrial solid waste; 7) Waste oil or grease. Section 21. That Chapter 28 , Section 28-45( 2 ) of the Code of Ordinances of the City of Beaumont be amended to read as follows: Section 28-45( 2 ) : Completely covered with a tarp if loose materials extend above the side boards. Section 22. That the Department of Water Utilities shall be authorized to include the clean community fee, the landfill closure 12 - fee and the trash collection charges as established in Section 28-27 on the monthly water utility bills. To avoid duplication in billing and as a convenience to the public, the clean community fee, the landfill closure fee and the trash collection charges are to be included in the bill under the "garbage" heading until such time as they can be billed separately. These revenues will not be a part of the Water Fund. The clean community fee will be appropriated to the General Fund, the landfill closure fee to the Landfill Fund and the trash collection fee to the Sanitation Fund. Section 23. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 24. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 25. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. - 13 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - - 14 -