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HomeMy WebLinkAbout2000-042F \SHARED\DEPMGL\Our Documents\Ordinances\00\Bulky Items Ordinance doc NOTE Amended by Ordinance No 2000-297. ORDINANCE NO H2O D" Y AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID WASTE, AMENDING SECTION 24-5 TO CLARIFY THE LANGUAGE REGARDING UNAUTHORIZED USE OF ANOTHER'S SOLID WASTE CONTAINER, AMENDING SECTION 24-6(a) TO ADD MANAGER OR AGENT AS PERSONS WHO ARE HELD RESPONSIBLE FOR COMPLYING WITH SECTION 24-6(a), AMENDING SECTION 24- 6(b) TO PROVIDE THAT THE DEFENSE TO PLACING BULKY ITEMS NEXT TO A SOLID WASTE CONTAINER ONLY APPLIES TO PERSONS AUTHORIZED TO USE THAT SOLID WASTE CONTAINER, ADDING A NEW SECTION 24-13 TO ESTABLISH FEES FOR CLEANING THE AREA SURROUNDING SOLID WASTE CONTAINERS, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500 00), PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1. That Section 24-5(a) of the Code of Ordinances shall be amended to read as follows Sec 24-5. Disposal of garbage, trash or rubbish only in authorized locations (a) It shall be unlawful for any person to dispose of garbage, trash or rubbish in any place in the city, other than as provided in this chapter or authorized by the city No person shall place any solid waste, bulky items or any other material in, on or next to the solid waste container of another, unless authorized to do so by the person or persons who pay the charge for the solid waste collection service SECTION 2, That Section 24-6(a) and (b) of the Code of Ordinances shall be amended to read as follows Sec. 24-6 Receptacle for trash and rubbish. (a) Every owner, manager, agent, occupant, tenant, or lessee of any building, house, or structure within the corporate limits of the city shall provide and maintain suitable containers or receptacles of sufficient size and number to hold the garbage, trash and rubbish which accumulates on the premises (b) It shall be unlawful to place solid waste in, on or near a solid waste container in a manner that does not allow the lid of the solid waste container to completely close with all the solid waste completely within the container It shall be a defense to prosecution under this section if the solid waste placed next to the container is a bulky item as defined in Section 24-2, and if the bulky item is placed next to the container less than forty-eight hours before the first Thursday of each month The defense does not apply if the person placing the bulky item in, on or near the solid waste container was not authorized to use the solid waste container SEECTION 3. That Section 24-13 of the Code of Ordinances entitled "Fees for Cleaning Area Surrounding Solid Waste Container " shall be added and shall read as follows See. 24-13. Fees for Cleaning Area Surrounding Solid Waste Containers. (a) If bulky items are left next to, in, on, or near a solid waste container in violation of Section 24-6(b) or 24-6(c), then a forty -five dollar fee for the removal of the first bulky item shall be charged to the person who pays the fee for the solid waste container For each additional bulky item removed, a ten dollar fee per item shall be assessed unless the bulky item is an appliance containing chlorinated fluorocarbons (hereinafter referred to as cfc's) or polychlorinated biphenals (hereinafter referred to as pcb's) If the bulky item is an appliance containing cfc's or pcb's, the fee shall be twenty dollars per appliance (b) If solid waste, other than bulky items, is left in, on, or near a solid waste container in violation of 24-6(a) or 24-6(b), then a sixty-five dollar fee shall be charged to the person who pays the fee for the solid waste container for the removal of up to one cubic yard of solid waste An additional fee of thirty dollars for every additional cubic yard of solid waste up to eight cubic yards shall be assessed unless the solid waste exceeds eight cubic yards (c) If more than eight cubic yards of solid waste are left in, on, or near a solid waste container in violation of Section 24-6(a) or 24-6(b) the solid waste department shall provide written notice to the person who pays the fee for the solid waste container requiring the person to lease appropriate equipment as specified by the solid waste department and provide for the removal of the solid waste (d) It is unlawful for a person receiving notice to remove solid waste under Section 24-13(c) to fail to have all the solid waste removed within forty-eight hours of the notice (e) Up to eight bulky items per month will be picked up without any charge if the bulky items are left by the solid waste container less than 48 hours before the first Thursday of each month and if the bulky items are not appliances containing pcb's or cfc's SECTION 4 An individual adjudged guilty of the provisions of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Five Hundred Dollars ($500 00) SECTION 5 That this ordinance shall be cumulative of all other ordinances of the City of Denton and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance SECTION 6 That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 14t day of�'Ja&Z4= , 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY i Mau"a"Mu•• •• BY u i \\Svc un1\VOLI\shared\g1oba1\So1id Waste Rate Ordinance 2001 doe AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBERS 99-294, 2000-042J AND 2000-043, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE, AMENDING THE CHARGES AND SCHEDULES FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICE, RESIDENTIAL SERVICE DEPOSIT, COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE, MINIMUM MONTHLY COMMERCIAL CHARGE, SAME DAY COMMERCIAL SERVICE CHARGE, AND APPLIANCE PICKUP CHARGE, AMENDING THE SANITARY LANDFILL USE CHARGES AND SCHEDULE BY ESTABLISHING SANITARY LANDFILL USE CHARGES BY TONNAGE, REASSIGNING CHARGES FOR DISPOSAL OF UNCONTAMINATED LEAVES, GRASS, AND BRUSH BROUGHT TO THE LANDFILL TO THE WASTEWATER DEPARTMENT, REASSIGNING CHARGES FOR THE DEPOSIT OF WHOLE TREES AND STUMPS BROUGHT TO THE LANDFILL TO THE WASTEWATER DEPARTMENT, ADDING A SANITARY LANDFILL USE CHARGE FOR THE DEPOSIT OF RECYCLED ASPHALT AND CONCRETE, AMENDING TIRE CHARGES, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the charges for solid waste collection services as authorized by Section 24-42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24, and by Section 32-90 of Article IV of Chapter 32 of the Code of Ordinances of the City of Denton, Texas, are hereby established as follows SOLID WASTE RATE SCHEDULES SWR Residential Solid Waste Collection Service 2 SWC Commercial and Institutional Solid Waste Collection Service 4 SWL Sanitary Landfill Use 9 SCHEDULE SWR f M WASTE. C01.1. (Effective 10/01/00) Applicable to individual family unit solid waste collection service to a structure, house, or building only The term "individual family unit" includes, without limitation, each side of a duplex, each living unit of a triplex„ as well as any unit or living space in which a person, persons or a single family resides MONTHLY R ATE. $15 90 per 30 days STTRCHARGIE. (State of Texas statutory charge for landfill use) $0 10 per 30 days The surcharge referenced above is hereby authorized to be remitted to the State as required by law, and should the State Legislature increase this fee, such increase is hereby authorized to be charged and collected MTNTMT TM BIT LING $16 00 per 30 days There will be no charge for the collection of bagged grass clippings and leaves, or brush and tree limbs winch are cut and stacked in four foot maximum lengths, if the combined grass/leaves/brush total volume is not over eight cubic yards per solid waste collection Any combination of grass, leaves, brush, and tree limbs is appropriate One cubic yard of grass or leaves equals six 40-gallon bags Bagged grass and leaves over eight cubic yards (48 bags) is charged at 500 per additional bag Brush and tree limbs consisting of a volume in excess of eight cubic yards per solid waste collection are charged at $5 00 per cubic yard for all cubic yards There are no charges for the collection of appliances which do not contain either polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's) There are no charges for the collection of appliances which have contained either polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's), if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's and/or CFC's have been properly removed for disposal For appliances which contain PCB's and/or CFC's for which no approved removal documentation is provided, there will be a $50 00 charge per appliance Up to four bulky items will be picked up during the regular residential collection route at no charge For each additional bulky item over four items there will be a $5 00 charge A service deposit in the nummum amount of $32 00 will be charged for basic residential solid waste service 3 SCHEDULE SWC • ulu t : ►I. 1► Y Y • ► : • I• • • ► t 1 1 11 Applicable for all commercial or institutional solid waste collection service A DUMPSTERS (Regular Service) 1 2 YARD DUMPSTER (Existing 2 Yard customers only)" Number of Times Cubic Yards Cubic Yards Rate Per Collected Per Week Per Week Per Month 30 Day 1 2 8 $4340 2 4 16 8346 3 6 24 125 13 4 8 32 16692 5 10 40 20859 6 12 48 25032 2 3 YARD DUMPSTER Number of Times Collected Per We Cubic Yards Per Week Cubic Yards per Month Rate Per 30 Days 1 3 12 $ 46 17 2 6 24 8854 3 9 27 13281 4 12 48 17708 5 15 60 22135 6 18 72 26562 4 3 4 YARD DUMPSTER Number of Tunes Cnllected Per Week Cubic Yards Per Week Cubic Yards Per Month Rate Per 10 Day 1 4 16 $ 53 82 2 8 32 10329 3 12 48 15488 4 16 64 20647 5 20 80 25823 6 24 96 30976 4 6 YARD DUMPSTER Number of Times Collected Per Week Cubic Yards Per Week Cubic Yards Per Month Rate Per 10 Days 1 6 24 $ 69 13 2 12 48 13280 3 18 72 19926 4 24 96 26566 5 30 120 33206 6 36 144 39852 5 8 YARD DUMPSTER Number of Times Collected Per Week Cubic Yards Per Week Cubic Yards Per Month Rate Per 30 Days 1 8 32 $ 83 74 2 16 64 16087 3 24 96 24130 4 32 128 32167 5 40 160 40210 6 48 196 48254 "The 2 yard dumpster service is only available to existing 2 yard dumpster customers as of September 30, 1997 New 2 yard dumpster service will not be offered to any customer Existing customers receiving 2 yard dumpster service that discontinue 2 yard service may not reinstate 2 yard dumpster service 5 B DUMPSTER SERVICE (Temporary) Type of Contain er Rent Per 30 Days Service Charm 3 cubic yard dumpster $11 30 $44 30 per pickup 4 cubic yard dumpster 1490 55 95 per pickup 6 cubic yard dumpster 1975 74 15 per pickup 8 cubic yard dumpster 2310 85 05 per pickup C W L DUMPSTER SERVICE (Refill and Extra Pickup) Type of Contain P.r Service Charge 2 cubic yard dumpster $20 90 per pickup 3 cubic yard dumpster 2615 per pickup 4 cubic yard dumpster 35 00 per pickup 6 cubic yard dumpster 47 45 per pickup 8 cubic yard dumpster 59 45 per pickup 6 CY COMPACTOR Number of Times Cubic Yards Cubic Yards Rate Per Collected Per Week Per Week Per Month 30 nays 1 21 91 $212 95 2 42 182 42590 3 63 273 63886 OPEN -TOP CONTAINERS Type of Rent Contain er Per 10 Days 15 cubic yard open top $63 60 20 cubic yard open top 7725 30 cubic yard open top 8890 40 cubic yard open top 10000 $159 30 per pickup 207 70 per pickup 265 75 per pickup 344 00 per pickup 5 E COMPACTORS Type of 20 cubic yard compactor 30 cubic yard compactor 35 cubic yard compactor 42 cubic yard compactor Rent $190 80 $184 00 per pickup 28320 238 05 per pickup 32155 267 05 per pickup 36840 302 45 per pickup A base mmunum commercial customer charge of $22 50 per 30 days will be charged to all commercial and institutional solid waste customers Shared commercial containers will be limited on a cubic yardage basis to a minimum of 1 cubic yard per customer The maximum number of customers with shared accounts per dumpster size is as stated Dunmqter Size Maximum Number of Cnctomerc 2 2 CY 3 CY 3 4 CY 4 6 CY 6 8 CY 8 Disposal of "Special Waste" as defined by the State of Texas Municipal Solid Waste Management Regulations Acceptance of special waste is subject to Federal and State laws and regulations, and the City has the right to refuse to accept waste $65 50 ton An additional 3 5% charge will be assessed for each 30 day period (excluding rental charge) to compensate for the State of Texas surcharge for solid waste received at landfills The City staff is hereby authorized to remit such charge to the State, and should the State Legislature increase this fee, such increase is hereby authorized to be charged and collected OTT -MR COMMFRCTAT. CHARGES A delivery fee of $45 00 per container will be charged to all customers for roll -off containers A delivery fee of $30 00 per container will be charged to all customers for Dumpster service A charge for inaccessible and unserviceable containers will be assessed The charge will be $45 00 for roll -off containers, and $30 00 for dumpsters, per each attempted collection A relocation fee of $30 00 will be charged for each Open -Top or Compactor container that is relocated at the customer's site(s) A $50 00 fee will be charged for each request for same day pickup service for Open -Top and Compactor customers who receive pickup service upon demand The Solid Waste Department must receive notification of such requests prior to 10 00 A M , in order to provide same -day pick-up service A $112 00 fee will be charged for container lock installations provided by the City of Denton A $70 00 fee will be charged for container lock removal A charge of $300 00 per each collection will be assessed to all Open -Top customers who have Open -Top containers whose waste weighs in excess of nine tons A deposit on Open -Tops and Temporary Dumpsters will be charged based upon one -sixth (1/6) of the estimated annual billing amount or service contract A mimmum of once per week pickup service is required for putresible (food) waste containers Up to eight bulky items will be picked up free of charge on the 1" Thursday bulky item pickup of each month, if the customer calls the solid waste department at least 48 hours in advance of the scheduled collection time Bulky items shall not be placed near or adjacent to containers pnor to 48 hours before the scheduled 1 s` Thursday bulky item pickup A service fee Hof $35 shall be charged, together with an additional fee of $10 per bulky item, for each bulky item in excess of eight bulky items placed near or adjacent to containers prior to 48 hours before each 1' Thursday bulky item pickup There are no charges for the collection of appliances which do not contain either polychlonnated biphenyls (PCB's) or chlorofluorocarbons (CFC's) These items are considered bulky items There are no charges for the collection of appliances which have contained either polychlonnated biphenyls (PCB's) or chlorofluorocarbons (CFC's), if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's and/or CFC's have been properly removed for disposal For appliances which contain PCB's and/or CFC's for which no approved removal documentation is provided, there will be a $50 00 charge per appliance Bulky items and appliances may be delivered by Denton Solid Waste customers to the landfill for disposal at no charge, except for those appliances or other items containing PCB's and/or CFC's SCHEDULE SWL S ANTTARY LANDETT L T PSE (Effective 10/01/00) Apphcable to individuals and commercial entities that use the City's sanitary landfill site, with solid waste originating inside the city limits of Denton, Texas Customers bringing mixed loads of solid waste, trash, bulky items, appliances, or other rubbish to the landfill will be charged at the landfill rate A City of Denton Users $32 50 / TON Applicable to individuals and commercial entities who are not residents of the City of Denton, or to any customer with solid waste that does not originate inside the city limits of Denton, Texas B Outside the City of Denton Users $37 50 / TON C OUTSIDE THE CITY SOLID WASTE CONTRACT HAULERS The City Manager may enter into contracts with outside the City of Denton solid waste haulers for regular use of the Denton sanitary landfill site at various negotiable rates beneficial to the citizens of Denton All such contracts may contain conditions of operation, disposal, and delivery as the City Manager or his designee shall determine necessary for the efficient operation of the Denton landfill site and the method of billing and collection for such use D TIRE CHARGES 1 Automobile tires not shredded, quartered or halved 2 Truck tires not shredded, quartered or halved $500 $700 E E SPECIAL WASTE ChargQ Disposal of"Special Waste" as $65 50 ton defined by the State of Texas Municipal Solid Waste Management Regulations Acceptance of special waste is subject to Federal and State laws and regulations, and the City has the right to refuse to accept waste F RECYCLED ASPHALT / CONCRETE $7 50 ton No 3 5% surcharge required G APPLIANCES There are no charges for the collection of appliances which do not contain either polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's) There are no charges for the collection of appliances which have contained either polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's), if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's and/or CFC's have been properly removed for disposal For appliances which contain PCB's and/or CFC's for which no approved removal documentation is provided, there will be a $50 00 charge per appliance H UNSECURED LOADS Applies to solid waste loads that are not secured with a tarpaulin or other equipment that prevents material from spilling along and within the right-of-way of public access roads serving landfill site $12 00 An additional 3 5% charge will be assessed on all service to the landfill to compensate for the State of Texas surcharge for all solid waste received at landfills The City staff is hereby authorized to remit such charge to the State, and should the State Legislature increase this fee, such increase is hereby authorized to be charged and collected 10 Landfill permits issued by the City of Denton prior to the effective date of this ordinance may be redeemed for their face value The customer must pay the difference between the current rate and the face value of the permit The customer is not entitled to a refund if the face value of the permit exceeds the current rate 11 S14, TION 2. That the Director of the Solid Waste Department of the City of Denton is authorized to deny the use of the City of Denton landfill to customers for providing false information regarding the residency of the individual or the origin of the solid waste SP.0 TT(')N 3. That it ism the public interest that the provisions of Sections 26-3, 26-4, 26- 5, 26-7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste service SECTION 4. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict SECTION S That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION 6_ That this ordinance shall become effective, charged, and applied to all solid waste services rendered on and after October 1, 2000, and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary PASSED AND APPROVED this the day of ` "�' 1`G'ld,9- 2000 ATTEST- JENNIFER WALTERS, CITY SECRETARY o, L1it �,. APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY EULINE BROCK, MAYOR 12