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HomeMy WebLinkAboutORD 00-63 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28-20.1 AND 28-24.1(b)AND ADDING SECTIONS 28-21.12 AND 28-21.13 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REGULATE TRASH COLLECTION SERVICE AT CERTAIN VACANT, RESIDENTIAL PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 THAT Chapter 28, Section 28-20.1 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add definitions of"vacant property" and "residentially zoned property" to read as follows: Section 28-20.1. Definitions Residentially zoned property means property zoned for only single family residential uses under the Zoning Ordinances of the City. Vacant property means property that does not contain any structure whatsoever. Section THAT Chapter 28, Section 28-21.12 of the Code of Ordinances of the City of Beaumont be and the same is hereby added to read as follows: Section 28-21.12. Trash at vacant property. (a) Trash collection service will be provided to vacant property subject to the following provisions: (1) The property must be located in a residential zone. (2) The property is not larger than one-half acre. G AMORDINANMAIrEND128-20.800 (3) The trash placed for collection is from normal vegetation maintenance such as tree cuttings above the ground, grass clippings, or brush cutting. (4) The property is not being cleared for construction purposes. (5) Tree trimmings did not result from the selling of usable timber. (6) The property owner must reside in a single family residence within the city limits of Beaumont that is currently paying a solid waste fee on that residence. (7) The property is not being held for sale as part of a residential development. (8) Only vegetative waste will be collected. (9) Vegetation must not be obtained with machinery (i.e., a bulldozer) whereby trees and stumps with root balls are included in the trash to be collected. (10) The acceptable vegetative waste is placed at the curb in accordance with 28-21.8 (c)(2) of the Code of Ordinances. (b) Yard waste collection on vacant property shall be provided once per calendar quarter. Section 3. THAT Chapter 28, Section 28-21.13, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add the following: GAMORDINANMAMEND128-20.800 Section 28-21.13. Collection of residential trash located on more than one acre. (a) Trash collection at single residential units built on multiple acres of land will be provided in accordance with the following: (1) The trash placed on the curb is household trash, white goods, yard waste and other trash normally generated at a residence. (2) The trash was generated on a maximum of one acre of land upon which the house is situated. Hauling and disposal of trash or yard waste generated on other parts of the property such as vegetative waste or waste generated by land clearing, demolition of barns, sheds or other structures, is the responsibility of the property owner. Section 4. THAT Chapter 28, Section 28-24.1(b), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 28-24.1. Collection and removal charges--Residential service. (b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse of service. Nonpayment of the solid waste management fee shall be sufficient grounds for discontinuance of city water service. The rate for collection outside the city limits shall be one hundred fifty (150) per cent of the rate established for service inside the city limits. No type of service will be offered residences exempted under section 28- 20.9(c) or for vacant lots except as provided in Section 28-21.12. If a business is located in a part of a residence a solid waste management fee shall be charged for each connection to the city's water system. The following monthly rates shall be collected for solid waste management services. G AMORDI NANCAMEND\28-20.800 (1) The monthly rate for standard solid waste management services per household unit shall be eleven dollars and sixty-six cents ($11.66) and shall consist of the following elements: Garbage and trash collection . . . . . . . . . . . . . . . . . . . . . . . . $10.85 Litter removal . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50 Landfill closure . . . . . . . . . . . . . . . . . . . . . . . . . . 0.31 The monthly fee for an additional container is two dollars and fifty cents ($2.50) per month. Single-family and owner-occupied residential units will be charged a litter removal fee at a rate of fifty cents ($0.50) per unit. Multifamily dwellings and/or rented properties of two (2) or more units will be charged a litter removal fee at a rate of twenty-five cents ($0.25) per unit. (2) The monthly solid waste management fee for senior citizens shall be ten dollars and fifty-six cents ($10.56) and shall consist of the following elements: Senior citizen garbage and trash collection . . . . . . . . . . $9.75 Litter removal fee . . . . . . . . . . . . . . . . . . . . . . . . 0.50 Landfill closure fee . . . . . . . . . . . . . . . . . . . . . . 0.31 The senior citizen garbage and trash collection fee shall apply to customers residing in single-family residences who are sixty-five (65) years of age or older. To obtain the senior citizen garbage and trash collection rate, eligible persons must file a sworn application on a form provided therefor with the central collections division. The rate shall remain in effect so long as the GACG\ORDINANCVVAEND\2 8-20.800 customer residing in the single-family residence is sixty-five (65) years of age or older. Section 5. 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 6. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 7. 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 the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the ISelel day of �.C%� , 2000. - Mayor - GAMORDINANCAW ND128-20.800