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HomeMy WebLinkAboutORD 88-70 ANQAENDA 'ITEN N ORDINANCE NO. Xf- 70 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ENACTING NEW REGULATIONS CONCERNING SOLID WASTE DISPOSAL AND FEES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 28, of the Code of Ordinances of the City of Beaumont be, and the same is hereby, amended by repealing Sections 28-20 through 28-38, inclusive, and enacting new sections to read as follows: 70 Section 2. 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 s)-.tall 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 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1988. '00o Mayor 2 ARTICLE II. SOLID WASTE DISPOSAL* IN GENERAL 28-20.1 Definitions. 28-20.2 Administration and enforcement of article. 28-20.3 Notice of violation-Authority to issue. 28-20.4 Same-Method of issuance. 28-20.5 Same-Response. 28-20.6 Violations of article. 28-20.7 Bulk containers utilized by commercial establishments. 28-20.8 Hazardous refuse not to be placed in collection receptacles; special care preparation required before placing certain refuse items in containers. 28-20.9 Disposal of refuse and debris from construction, demolition, etc. operations. 28-20.10 Collection, removal and disposal of industrial waste. 28-20.11 Unlawful deposits generally; littering. 28-20.12 Placing refuse or refuse receptacles on, in or over storm drains. 28-20.13 Property to be kept free of litter. 28-20.14 Interference with or damaging receptacles. COLLECTION BY CITY 28-21.1 Receptacles generally. 28-21.2 Frequency of collection. 28-21.3 Points of collection. 28-21.4 Limitation on amount collected from commercial establishments; cardboard boxes to be cut, flattened and tied. 28-21.5 Holiday collection schedule. 28-21.6 Refuse from apartment complexes not to be collected. 28-21.7 Collection of dead animals. 28-21.8 Storage or preparation of yard trash, limbs, shrubbery, etc. for collection. 28-21.9 Forking of debris flooded or washed upon private property. 28-21.10 Use of debris trailers. PRIVATE COLLECTORS 28-22.1 Franchise required. 28-22.2 Maintenance, etc. of vehicles and other equipment. 28-22.3 Inspection of containers and vehicles. 28-22.4 Collections to be made from customer's premises. *Cross references-Unlawful accumulations constituting nuisances, 13-4; prohibition against littering parks, 20-5(b). State law references-Accumulations declared nuisances, VTCS, Art. 4477-1,2(f); abatement by city, Art. 4436; abatement by health officer, Art. 4477-1, 3(b); Solid Waste Disposal Act, Art. 4477-7. CITY LANDFILL 28-23.1 Use by private collectors-Generally. 28-23.2 Same-Disposal Permit. 28-23.3 Hours of operation. 28-23.4 Determination of acceptability of deposits. 28-23.5 Delivery vehicles to conform to Solid Waste Disposal Act. 28-23.6 Liability of officers, etc. , of corporation, partnership or association for violation of article. SERVICE FEES 28-24.1 Collection and removal charges-residential. 28-24.2 Same-public, business and commercial premises. 28-24.3 Same-special collections. 28-24.4 Same-more than one business. 28-24.5 Debris trailer. 28-24.6 Collection of charges. 8 IN GENERAL Section 28-20.1. Definitions. The following definitions shall apply in the interpretation and enforcement of this article: Automated containers means any containers for refuse provided by the City having a capacity of sixty (60) to ninety (90) gallons and equipped with wheels for mobility. Building materials means any material such as lumber, brick, plaster, gutters or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. Bulk container means a metal container of not less than six (6) cubic yards nor larger than eight (8) cubic yards, made of watertight construction with doors opening on two (2) sides and top, and constructed so that it can be emptied mechanically by specially-equipped trucks. Containers shall be covered. Business trash means any waste accumulation of dust, paper and cardboard, excelsior, rags or other accumulations, other than garbage or household trash, which are usually attendant to the operation of stores, restaurants, offices and similar businesses. City means the City of Beaumont. Commercial establishment means any retail, restaurant, manufacturing, wholesale, institutional, religious, governmental or other non-residential establishment at which garbage or trash may be generated. Curb line means the area directly behind the curb. In the absence of a curb, the area directly behind the edge of pavement. Garbage means every accumulation of animal, vegetable, and other waste matter that attends the preparation, handling, consumption, storage or decay of plant and animal matter, including meats, fish and seafoods, birds, fruits, vegetable or dairy products and the waste wrappers or containers thereof. Hazardous refuse means materials such as poison, acids, caustics, chemical, infected materials, offal, fecal matter, and explosives or as defined by the Texas Department of Health. Household trash means every waste accumulation of paper, sweepings, dust, rags, bottles, cans, or other matter of any kind, other than garbage, which is usually attendant to housekeeping. Industrial waste means all waste, including solids, semi-solids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises or as defined by the Texas Department of Health. Inspectors means persons appointed by the Department Director authorized to enforce health and sanitation, building, and sanitation codes or ordinances. Landfill Division means a division of the Public Works Department designated to perform sanitary landfill disposal services for the public. Litter means any man-made or man-used object, organic or inorganic material, or solid waste and specifically includes trash which is not placed in: a container or receptacle, or an authorized sanitary waste disposal site; or another approved area, depository, a vehicle designated for transport or disposal of litter, trash, garbage or waste. Loading and unloading area means any stream, river or lakeside or land dock, space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities or persons. Multiple residential unit means any duplex, apartment, group of apartments or condominium used as a dwelling place for more than one family. Person means any individual, firm, company, corporation, or association. Portable packing unit means a metal container, not exceeding four thousand five hundred (4,500) pounds gross weight, with four (4) to six (6) cubic yard capacity, that contains a packing mechanism and an internal or external power unit. Private Collector means any person or firm engaging in the business of collecting, hauling or transporting, in the City, any garbage, waste or refuse. Public Works Department means the Public Works Department under the control and direction of the Director of Public Works. Refuse means all putrescible and non-putrescible solid and semisolid wastes, including garbage, rubbish, and ashes. Residential refuse receptacle means a metal or plastic container for refuse, of substantial construction, with a tight-fitting lid, and handles sufficient for safe and convenient handling for collection at curbside. Except for those areas serviced by automated collection equipment, such receptacles shall have a capacity of not more than thirty-two (32) gallons and a total weight, when full, of not more than fifty (50) pounds or an empty weight of not more than ten (10) pounds, and shall be kept in serviceable condition at all times. Any areas serviced by automated collection equipment shall only use the automated containers as approved by the Director of Public Works. Any receptacle which does not meet standards set by the Department of Public Works shall be removed. Exceptions to these requirements may be made by the Director of Public Works. Roll-off/Roll-on container means a unit, varying in capacity between five (5) cubic yards and forty (40) cubic yards, which is used for collecting, storing, and transporting building materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. The unit may or may not use an auxiliary stationary packing mechanism for composition of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially-equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site. Sanitation Division means the division of the Public Works Department designated to perform garbage and trash collection services for the City. Single residential unit means any dwelling place occupied by one family. Small dead animals means dead cats, dogs, small household pets and other animals of similar size. Solid Waste Disposal Act means the Solid Waste Disposal Act, Article 4477-7, VTCS, as amended and under the authority of the Texas Department of Health. Tree and shrubbery trimmings means waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery and cuttings or clippings created as refuse in the case of trees or bushes. Yard trash means waste accumulations of lawn, grass, or shrubbery cuttings or clippings, and dry leaf rakings, free of dirt, rocks, large branches and bulky or noncombustible material. Sec. 28-20.2. Administration and Enforcement. The administration and enforcement of the provisions of this article, including provisions for refuse collection throughout the City, by both private contractors and the City, shall be primarily the duty of the Public Works Department with assistance from the Health Department and the Community , Development Department. Sec. 28-20.3. Notice of Violation-Authority to Issue. Inspectors appointed by the department head shall have the authority to enforce sections 28-20.8, 28-20.11, 28-20.12, 28-20.13, 28-21.1, 28-21.3, 28-21.4, and 28-21.8 of this article by issuing a notice, in accordance with Section 28-20.4, informing the proper person of the date and nature of violation. Other violations of this article shall be enforced by the issuance of a summons or warrant as provided by law. Sec. 28-20.4. Same Method of Issuance. When an inspector issues a notice for a violation of this article, notice shall be sufficient if served on the offending person by: (1) Attaching a correction notice upon the container to whom it is directed. (2) Certified mail, with delivery reported, a copy of the notice to the last known address of the person as shown on the current tax roll or water bill. Sec. 28-20.5. Same--Response. The party whom receives a notice of violation by certified mail, will pay the fee assessment set forth herein below as in full satisfaction of such violation. The fee assessment will be included on the water bill for payment in accordance with Section 28-24.6. Continued violation of the sections in 28-20.3 may result in termination of garbage service and institution of legal action. For violation of section Fee Assessment 28-20.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15.00 28-20.11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15.00 28-20.12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15.00 28-20.13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15.00 28-21.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10.00 28-21.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10.00 28-21.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10.00 28-21.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15.00 Sec. 28-20.6. Violations of article. Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 1 misdemeanor and, unless the penalty for such violation is paid in accordance with sections 28-20.3 through 28-20.5 of this article, upon conviction thereof, the court may impose a fine of not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000). Sec. 28-20.7. Bulk containers utilized by commercial establishments. Any commercial establishment which desires to utilize a bulk container for its refuse shall employ the services of a private contractor to service that container. Such container shall at all times be clean, neat, and in good state of repair. Cleaning up materials spilled from the container when emptying shall be the responsibility of the private contractor or the property owner or occupant. No refuse shall be placed adjacent to any bulk container. The property owner of any establishment for which a bulk container screening requirement applies must maintain such screening in a clean and neat condition and in good state of repair. Sec. 28-20.8. Hazardous refuse not to be placed in collection receptacles; special care and preparation required before placing certain refuse items in containers. No infectious or pathological refuse or any other refuse that may cause a public health hazard shall be placed in any receptacle used for collection by the City or collection by any private agency. The following are several types of special refuse items which shall be given special care and preparation before disposing of the same in any refuse container: (1) Hypodermic instruments and other sharp articles. No person shall dispose of or discard any hypodermic syringe, hypodermic needle or any instrument or device for making hypodermic injections without prior placement in puncture resistant container for disposal so as to avoid the possibility of causing injury to the collection personnel. (2) Ashes. Ashes that are to be collected by the city or private collectors must have been wetted and cooled to the touch prior to collection. Ashes shall be placed in suitable containers of such size and weight as stipulated in section 28-21.1 and shall not be placed with the normal refuse unless separately wrapped, so that they will not cause injury to the collection personnel. (3) Pressurized cans. All pressurized cans containing pesticides or any other dangerous materials shall be released of all pressure before being deposited in a receptacle for collection by the City or any private collection agency. (4) Glass. All broken glass or any type of glass that may cause injury to refuse collection personnel shall be separately wrapped to prevent injury and placed with the normal refuse. (5) Pesticides. All pesticide containers and other poisonous containers shall be emptied and triple rinsed before being placed for collection. Sec. 28-20.9. Disposal of refuse and debris from construction, demolition, etc., operations. (1) The City shall not be responsible for the collection or hauling of building materials originating from private property preliminary to, during or subsequent to the construction of new buildings or alterations or additions to existing buildings of whatever type or from demolition of existing structures. Such material shall be removed by the owner of the property or by the contractor. A stop work order may be issued by the inspector until such material has been removed by the owner or contractor. In addition, all contractors must provide refuse receptacles for construction debris and litter to be deposited in on a regular basis. (2) Loose dirt, mud, clay, rocks, construction materials and other debris deposited upon any public highway, street and sidewalk or private property as a result of construction or demolition operations shall be immediately removed by the contractor. Construction and demolition sites shall be kept clean and orderly at all times. (3) The prime contractor or developer of a construction or demolition site shall be responsible for maintaining the site as required by this section. Sec. 28-20.10. Collection, removal and disposal of industrial waste. Industrial waste shall be collected, removed and disposed of in an approved manner by the operator of the factory, plant or enterprise creating or causing same. Sec 28-20.11. Unlawful deposits generally; littering. (1) No person shall place any accumulation of refuse or trash in any street, street right-of-way, median strip, alley or other public place of travel, nor upon any private property, except as stated in other sections of this article. (2) It shall be unlawful for any person to: (a) Scatter refuse about or litter any public or private street, area or place. (b) Cast, throw, place, sweep or deposit anywhere within the city any refuse or trash in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises within the City. fl (c) Throw or deposit any refuse, trash or debris in any stream, body of water, or drainage system. (3) The driver of any vehicle shall be responsible for assuring that no litter is thrown from the vehicle or occurs through the lack of proper covering.* Sec. 28-20.12. Placing refuse or refuse receptacles on, in or over drainage systems. No person shall place any refuse or refuse receptacle or container on, in or over any drainage system. Sec. 28-20.13. Property to be kept free of litter. All owners or occupants shall maintain the real property owned or occupied by them in a clean and litter-free condition. This section shall not be construed as prohibiting the storage of refuse or litter in authorized receptacles or containers for collection pursuant to the provisions of this article. Sec. 28-20.14. Interference with or damaging receptacles. No person, other than employees of the City charged with such duty, shall interfere with the contents of any refuse receptacle set out for removal by the City or any private collection agency, unless authorized by the Director of Public Works or his designated agent. It shall be unlawful for any person to damage or destroy any refuse receptacle placed at the curbline for collection. COLLECTION BY CITY Sec. 28-21.1. Receptacles generally. All refuse to be collected by the City shall be stored in proper receptacles between times of collection. Except in those areas serviced by automated collection equipment, such receptacles shall be metallic or plastic, with a capacity of not more than thirty-two (32) gallons or a total weight of not more than fifty (50) pounds. Any automated container provided by the City shall not be filled to exceed two hundred (200) pounds total weight and all refuse therein must fit inside the container. Refuse may be placed in plastic or polyethylene bags which are at least 1.5 mils in thickness and have a capacity of not more than forty-five (45) gallons on the container lid. Each receptacle shall have a tight-fitting cover and each bag shall be tightly secured. The cover of any receptacle shall be kept on at all times except when the receptacle is being filled, emptied or cleaned. Animal waste and ashes shall be wrapped separately from other refuse in a manner to prevent spillage prior to placing the same in a receptacle. Any areas serviced by automated collection equipment shall use ninety-gallon round containers as approved by the Director of Public Works. be All garbage or putrescible material shall be placed within the automated containers. No other type of container is permitted for use in the automated collection areas. Exceptions to these requirements may be made by the Director of Public Works. *Cross reference - Chapter 13 Health & Sanitation, Article VII-Litter Control Sec. 28-21.2. Frequency of collection. Garbage and household trash accumulated at residences shall be collected by the City twice each week, except when otherwise designated by the Director of Public Works. Oversized tree and shrubbery trimming, household trash, bulky items such as refrigerators, water heaters and washing machines shall be collected by the City once every ten working days, except City holidays, at the curbside; provided that, the service of collecting these articles shall only be provided when a special order is placed by telephoning the Sanitation Division in advance. To receive the ten day service, the owner of the property in which the debris is placed shall be current on the garbage collection service fee in accordance with Section 28-24.1. Sec. 28-21.3. Points of collection. (1) Refuse receptacles, the contents of which are to be collected by the City, shall be placed on the curb line of a City right-of-way abutting their property by 7:00 a.m. on the day of collection. All receptacles must be removed from the curbline by 8:00 p.m. after collection on the day of collection. The Director of Public Works shall designate those areas in the city in which curbside bins for holding refuse receptacles are permitted beyond the front wall of a dwelling unit. (2) Refuse collection on private property may be provided, when alleys of sufficient width are available and all of the adjoining property owners or the owners association hold the City harmless for damages to curbs, alleys, pavements, etc. (3) Some residents serviced by automated collection equipment may be required to place the automated containers on the opposite side of the street from their residence. Sanitation vehicles may travel against the flow of traffic on a one-way street when so equipped with appropriate warning devices. Sec. 28-21.4. Limitation on amount collected from commercial establishments; cardboard boxes to be cut, flattened and tied. Commercial establishments shall not place for collection by the City more than six (6) receptacles of refuse each collection day, unless otherwise designated by the Director of Public Works. Cardboard boxes shall be cut, flattened and tied securely in a manner that shall be easily collected by the City forces. Sec. 28-21.5. Holiday collection schedule. Refuse collection service shall be provided by the City on official holidays as designated by the Director of Public Works. Sec. 28-21.6. Refuse from multiple-unit dwellings not to be collected. The City shall not provide refuse collection to apartments, office and residential condominiums, duplexes, or other multiple-unit buildings unless each unit or duplex is individually located on a separate lot abutting the right-of-way of a publicly maintained street; provided, however, that such refuse collection shall be done in accordance with the other provisions of this article. Sec. 28-21.7. Collection of dead animals. Dead animals, except marine life, may be collected and disposed of by the Health Department Animal Control Division. Sec. 28-21.8. Storage or preparation of yard trash, limbs, shrubbery, etc. for collection. (1) Yard trash may be stored for collection in suitable receptacles and containers as described in this article. Any yard trash that cannot be put in a normal refuse receptacle shall be handled as described in subsection (2) of this section. (2) All limbs, branches, shrubbery and hedge trimmings to be collected by the City shall be cut into lengths not to exceed four (4) feet and shall be stacked neatly by the curb line for collection. Materials shall not be stacked under low overhead cabling, signs or posts. Stacks should not exceed four by four by four (4x4x4) feet. This material will be collected in accordance with section 28-21.2. (3) Every nurseryman, tree surgeon, and every person who cuts or trims trees, shrubs or grass as an independent contractor, shall remove or cause to be removed all trash from the premises serviced by him. Such removal will require a permit pursuant to section 28-23.2. (4) Collection of items such as building debris (lumber), shingles, siding, insulation, brick, dirt, plaster, sand, gravel, large automobile parts, scrap metal, wire, dead animals and other bulky or heavy material shall not be included in the regular garbage and trash collection service furnished by the Sanitation Division. The owner shall have such debris removed at his own expense. Sec. 28-21.9. Forking of debris flooded or washed upon private property. On seasonal occasions, when various types of debris from public waterways, highways or drainage systems is either flooded or washed upon private property (commercial or residential), and when carted to the curb line for collection by the City, the Director of Public Works may authorize the forking of such accumu- lations of debris not in containers or stacked as normally required by this article. Sec. 28-21.10. Use of debris trailers. The City may make available to residential customers who are residents of the City a debris trailer which shall be delivered on Friday evening and picked up on Monday morning by City employees. The City employees shall deliver and park the debris trailer on the property of the homeowner who has requested the debris trailer. These trailers will be provided based upon the availability of equipment. Prior to delivery of the debris trailer, the homeowner shall sign a statement which shall state: (1) That he is not a contractor and that his need arises from his residence; (2) That the debris trailer shall only be used for household items, tree limbs, leaves, shrubbery, grass trimmings and yard debris; (3) That he will not place stumps, building debris, concrete, bricks or other bulky items within the refuse trailer; (4) That he will not fill the load above the top of the trailer; and (5) That he will release the City from liability for any damages resulting from City equipment or personnel being on private property to deliver or remove the debris trailer. (6) That he will be responsible for any injuries and/or damages that result to individuals using the trailer or directly to the trailers while being used by the homeowner. PRIVATE COLLECTORS Sec. 28-22.1. Franchise required.* No person shall engage in the business of collecting, hauling or transporting, in the City, any garbage, waste or refuse, without first having obtained a franchise from the City. Sec. 28-22.2. Maintenance, etc., of vehicles and other equipment. All vehicles, containers and other equipment used by private refuse collectors shall be maintained in a clean, sanitary condition and free from odors at all times and shall be equipped with water-tight bodies with a suitable system for cleaning, disinfecting and deodorizing garbage and refuse containers. Sec. 28-22.3. Inspection of containers and vehicles. All containers and vehicles owned or operated by private refuse collectors shall be subject to inspection by officials of the Department of Public Works to insure safety compliance and to insure that proper lids or covers are provided to prevent litter problems. Sec. 28-22.4. Collections to be made from customer's premises. Containers owned by private refuse collectors shall not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. CITY LANDFILL Sec. 28-23.1. Use by private collectors-generally. Persons engaged in the business of collecting solid waste, refuse, debris or garbage may deposit solid waste, refuse, debris or garbage at the City landfill subject to the following provisions: (1) The proper City permit has been purchased and is current. *Cross Reference Commercial Closed Container Garbage Collection Services, 7-66. (2) The vehicles transporting the solid waste, refuse, debris or garbage have a current City license decal displayed thereon. (3) Section 28-23.2 has been and is fully complied with. Sec. 28-23.2. Same-Disposal permit. (a) No person engaged in the business of collecting solid waste, refuse, debris or garbage shall deposit such material at any City refuse disposal area, unless he has a current refuse disposal permit issued by the Director of Public Works or his designated agent. (b) The fee for a permit required by this section shall be twenty-five dollars ($25.00) per vehicle per year or any part thereof. Each such permit shall expire on December 31st of each year. (c) When a permit is issued under this section, a decal shall be issued for each vehicle listed on the permit. Such decal shall be affixed to the left side of the vehicle windshield at all times when it is being used at any City refuse disposal area. (d) The Director of Public Works, or his designated agent, is hereby authorized to revoke or suspend any permit issued under this section, to prevent the holder thereof from utilizing the City refuse disposal areas, for good cause. Sec. 28-23.3. Hours of operation. The Director of Public Works, with the approval of the City Manager, is hereby authorized to establish reasonable hours of operation for the City landfill. Sec. 28-23.4. Determination of acceptability of deposits. The Director of Public Works, or his designated agent, shall have the authority to determine what solid waste, refuse or garbage shall be acceptable for deposit at the City landfill. Sec. 28-23.5. Delivery vehicles to conform to Solid Waste Disposal Act. Every vehicle used to deliver material to a City refuse disposal area shall conform to the requirements of the Solid Waste Disposal Act, so that the contents of such vehicle do not escape therefrom. A person operating a vehicle which does not conform to such section shall be allowed access to such area only after he is issued a notice of, or summons for, a violation of this section. Sec. 28-23.6. Liability of officers, etc., of corporation, partnership or association for violation of article. Any officer or agent of a corporation or member of a partnership or association, who shall personally participate in or be an accessory to any violation of this article by such corporation, partnership or association, shall be subject to the penalties provided for such violation. SERVICE FEES Sec. 28-24.1. Collection and removal charges-Residential service. (1) The Sanitation Division shall systematically collect and remove garbage and trash from premises used for residential purposes. All residences in the City are subject to, and the owners or occupants are required to pay a garbage service fee except: (a) Residences from which the owners or occupants are serviced by a private collector as defined in this article. (b) Residences on which the owners or occupants use an on-property disposal method that is approved by the City, County, and State. (c) Residences that are vacant and the water meter for which is disconnected. (d) Owners of vacant residences who require water service only, will not be required to pay a garbage service fee when the assigned automated container is delivered to the Sanitation Division office. (2) Garbage and trash rates. No rate adjustment will be made for temporary nonuse of service. Nonpayment of the garbage collection 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 (1) or for vacant lots. The following monthly rates shall be collected for removal of garbage and trash: (a) The monthly rate for removal of garbage and trash per household unit shall be ten dollars and eighty-nine cents ($10.89) and shall consist of the following elements: Garbage collection . . . . . . . . . . . . . . . . $ 7.10 Trash collection . . . . . . . . . . . . . . . . . 2.98 Clean community fee. . . . . . . . . . . . . . . . .50 Landfill closure fee . . . . . . . . . . . . . . . .31 The monthly fee for additional containers is $1.25 per month per container. Single-family and owner-occupied residential units will be charged a clean community fee at a rate of fifty cents ($0.50) per unit. Multifamily dwellings and/or rental properties of two (2) or more units will be charged a clean community fee at a rate of twenty-five cents ($0.25) per unit. (b) The monthly rate for removal of trash for household units which do not use city garbage collection shall be three dollars and seventy-nine cents ($3.79) consisting of the following elements: Trash collection . . . . . . . . . . . . . . . . . .$ 2.98 Clean community fee. . . . . . . . . . . . . . . . . .50 Landfill closure fee . . . . . . . . . . . . . . . . .31 (c) The monthly rate for senior citizens shall be nine dollars and eighty-nine cents ($9.89) and shall consist of the following elements: Senior citizen discount rate . . . . . . . . . . . .$ 9.08 Clean community fee. . . . . . . . . . . . . . . . . .50 Landfill closure fee . . . . . . . . . . . . . . . . .31 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 ($11,500.00). To obtain the senior citizen income discount rate, persons eligible must file a sworn application, on a form provided therefore, with the Central Collections Division. The senior citizen income discount status will remain in effect until the salary exceeds the amount stated above. Sec. 28-24.2. Same-Public, business and commercial premises. (1) Applicability: All public business and commercial institutions in the City are required to pay a garbage service fee except: (a) Institutions that haul their own garbage. (b) Institutions that have a private collector. (c) Institutions that use an on-property disposal method that is approved by the City, County and State. (d) Institutions that are vacant and the water meter is disconnected. In the event that a business is located within a part of a residence, an appropriate charge will be set for both activities. . (2) Nonpayment of the garbage collection fee shall be sufficient grounds for discontinuance of City water and sewer serving the location. (3) No rate adjustments will be made for temporary nonuse of service unless the water meter is disconnected. Service outside the City limits shall be one hundred fifty (150) per cent of the rates set forth in this section. (4) The twice and/or four (4) times per week collection and the special collection service in section 28-24.3 are the only services provided commercial establishments. The trash service offered residential customers does not apply to commercial customers. (5) It shall be unlawful for any person other than a hauler holding a valid permit under section 28-23.2 of this article to transport commercial garbage from one location to another or to a residence. (6) Schedules: The rates set out in the following schedule are monthly charges for sanitation services based on the number of containers as defined in section 28-20.1: 2 pickups 4 pickups Containers per week per week 0-2 $13.81 $26.81 3-6 $13.81 plus $26.81 plus $2.00 each $4.00 each container in container in excess of 2 excess of 2 Sec. 28-24.3. Same-Special collection. The City of Beaumont shall provide special trash collection services for those public, business and commercial establishments not currently receiving City trash pickup and those establishments currently receiving City trash pickup who shall request the City to pick up trash outside of the regular collection schedule for trash which has accumulated on their premises. The rate charged for this service shall be forty dollars ($40.00) with a seven dollar and fifty ($7.50) charge for every fifteen (15) minute increment after the first twenty (20) minutes of trash removal from the premises. Sec. 28-24.4. Same-More than one public business or commercial activity is engaged in. In the event any public, business, or commercial institution in the City shall, in the same building, premises or area, engage in activities listed in more than one of the groups set forth in the schedules above, the primary activity of said institution shall prevail in the determination of the classification and rates to be charged such institution. Sec. 28-24.5. Debris trailer. The City of Beaumont may provide a debris trailer to citizens for house or yard cleaning at a rental rate of twenty-five dollars ($25.00) per weekend payable in advance. These vehicles will be provided based upon the availability of the equipment, by making arrangements with the Sanitation Division. Sec. 28-24.6. Collection of charges. 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 Sanitation Manager shall be notified immediately for appropriate action in accordance with the provisions of this article.