Payt Council Ordinance

Submitted by the Councilor Bunder ORDINANCE NO. __-09 AN ORDINANCE AMENDING THE GENERAL PROVISIONS AND SERVICE CHARGES FOR REFUSE AND GARBAGE COLLECTION IN THE CITY OF WEST LAFAYETTE WHEREAS, the last adjustment to the City of West Lafayette’s refuse and garbage fee was approved by Common Council November 1992 and WHEREAS, City Code Sec. 67.25 requires refuse and garbage fees be reviewed annually by council and WHEREAS, the Common Council (Ordinance #19-08) established the Go Greener Commission to promote environmentally sound policies in city government and throughout the community and WHEREAS, the Go Greener Commission and the City Street and Sanitation Committee received on April 21, 2009 a report from the Boiler Green Initiative and the Engineering Projects in Community Service (EPICS) program of Purdue University regarding the desirability of a metered trash collection program for the City of West Lafayette and WHEREAS, the Go Greener Commission on June 9,2009 endorsed a PAYT (“Pay As You Throw”) program for the City of West Lafayette, NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEST LAFAYETTE THAT: CHAPTER 67 of the West Lafayette City Code shall be AMENDED to read as follows: CHAPTER 67. Refuse, Garbage and Weeds. ARTICLE I. GENERAL PROVISIONS Sec. 67.01. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Garbage. Rejected food wastes, and includes every waste accumulation of animal, fruit or vegetable matter, used or intended for food, or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables. 1/9

Rubbish. Ashes, cans, metalware, broken glass, crockery, dirt, sweepings. boxes.

wood. grass, weeds or litter of any kind. (Code 1960, § 10-1.) Sec. 67.02. Removal of weeds. It is hereby made the duty of the chief of police to serve a written or printed notice on the owner or occupant, lessee or agent of any premises within the city whereon are allowed, suffered or permitted to grow or mature any poisonous or noxious or other weed, to cut down, remove or otherwise destroy such weeds within ten days from the date of such notification: provided, that in case such owner is a nonresident of the city, and there are no occupants of the premises and there are no agents or lessees in the city, the notice shall be posted in a conspicuous place on the premises and it shall be the duty of such owner. occupant. lessee or agent to cut down, remove or otherwise destroy such weeds within ten days from the date of service or posting of such notice. If any such owner, occupant, lessee or agent should fail to cut down, remove or otherwise destroy such weeds within the time as notified, the street commissioner shall cut down, remove or destroy the weeds at the expense of the city and the city shall thereupon hold in lien upon the real estate, upon which such weeds are located for the amount of the cost and expenses thereof with interest of six percent per annum, which shall be connected in the manner provided for the collection of assessments for street improvements. (Code 1960, §§ 27-1, 27-3.) Sec. 67.03. Depositing, etc., on property prohibited. It shall be unlawful to throw, place, cause to be placed or permit to remain on any property, any items that may be called rubbish, trash or debris, unless such rubbish, trash or debris is placed and caused to remain in suitable containers intended for the storage and collection of such rubbish, trash or debris. Rubbish, trash and debris as used in this section, is defined as any item that may be unsightly to persons and is further defined, but not necessarily limited to, waste paper, paper containers such as paper cups. soda straws, paper napkins, paper plates, cleansing tissues, plastic containers of any description, peelings or rinds of any description, or any edible food or non-edible such as garbage. (Ord. No. 15-68, §§ 1, 2.) Sec. 67.04. Burning leaves etc. in streets. It shall be unlawful for any person to burn leaves, refuse or any other similar substance within the city, except by the express written approval of the chief of the fire department. (Code 1960, § 15-18; Ord. No. 32-86) As to fire protection generally, see ch. 63 of this code. Sec. 67.05. Accumulation of garbage and rubbish prohibited. The owner, occupant or lessee of any premises in the city shall cause to be removed from the premises all garbage and rubbish, and shall keep the premises at all times free and clear of any accumulation of garbage and rubbish. (Code 1960, § 10-2.) 2/9

Sec. 67.06. City Container specifications.

Suitable containers shall be: 1) Bags printed with the seal of the City of West Lafayette designating each bag as an approved refuse bag; or (2) Thirty-two-gallon rigid containers which are of a galvanized metal or other suitable material that is leak-proof, having two handles or a bale and close-fitting covers, and shall be watertight and shall have a capacity of not less than five gallons nor more than twenty gallons and shall be kept in a sanitary condition (Code 1960, § 10-4) and bear a refuse container sticker and/or 30 gallon bags of sufficient quality and substance which will not tear or open during normal collection processes bearing a refuse container sticker; or (3) Thirty-two-, 64- or 96-gallon wheeled refuse carts purchased from the city bearing a refuse container sticker; or (4) Rigid containers, which may be obtained from the city for the express purpose of storing and collecting recyclable materials. Sec. 67.07 Recycling. Recycling collection is provided free of charge to recipients of city trash and refuse collection. Collection occurs every other week. The department of streets and sanitation shall prepare and promulgate annually a list of what types of paper products, metal cans, glass containers and plastic bottles are recyclable. The list may change from time to time as the recycling market adjusts to shifting demands and technologies. Sec. 67.08 Bulk Rubbish. Bulk rubbish means all rubbish, excluding yard waste, of a size or weight that exceeds an appropriate container for storage and collection and can be recycled or disposed of using conventional methods. Bulk rubbish shall be kept enclosed in a dwelling, accessory structure or screened or inconspicuous in an open accessory structure during intervals between special collection days. The owner or occupant, as the case may be, shall contact the department of streets and sanitation and schedule a special pickup and shall place bulk rubbish out for special pickup at the curb at the time and in the manner required by this article or as the director of streets and sanitation shall designate or approve. The city shall not be required to enter upon private property to collect rubbish. No bulk rubbish will be collected by the city unless each bulk item has a city bulk sticker or refuse container stickers attached.

3/9 SEC. 67.09 Yard waste.

Yard waste shall not be placed in any container or in bulk for collection by the city unless placed at a time and manner, and of such materials as designated by the director of streets and sanitation. Sec. 67.10. Location of containers. The city or its duly authorized agency shall collect all garbage and rubbish on scheduled collection days; provided, that such garbage and rubbish is placed on the lot, and as prescribed by the sanitation department and prepared in accordance with § 67.08. Except on designated collection days all garbage receptacles and rubbish shall be stored in any inconspicuous location on land of the owner. (Code 1960. § 10-6.) Sec. 67.11. Preparation of garbage, limbs, boxes, etc., for collection. Garbage shall be carefully drained and securely wrapped before depositing in receptacles. Trees, limbs, boxes and other articles of unwieldy size or shape will only be acceptable for collection if they are broken or cut down to a size suitable for handling and transportation. (Code 1960, § 10-5) Sec. 67.12. Private collectors. Every person desiring to engage in the business of garbage and rubbish collection and disposal shall make application to the city clerk-treasurer by setting forth the name of such person, the residence thereof, or the address or place of business together with the description of the vehicles to be used in the collection of such garbage or rubbish and the place and method of disposal to be practiced. Before issuing a permit, the city clerk-treasurer shall require the applicant to submit a written approval of the issuance thereof, executed by the sanitation department, which approval shall state that the vehicles to be used for such purpose have satisfactorily met the requirements of the sanitation department. (Code 1960 § 10-7.) Sec. 67.13. Responsibility for collection of garbage, refuse and industrial wastes. (a) Collection of garbage, rubbish and industrial wastes will be a service provided by the city to assist the occupants of single-housing and occupants of town houses and multiple housing dwellings not to exceed four units to comply with this chapter. (b) It shall be the responsibility of the occupants or owners of shopping centers, stores, commercial businesses, industry and town houses and apartments in excess of four units to provide for the removal of all garbage, rubbish and industrial wastes so as to comply with this chapter. (Ord. No. 6-70, § 2.) ARTICLE II. SERVICES CHARGES Sec. 67.20. Imposition--city-compatible dumpster. There is imposed on each owner, tenant or occupant of single housing and occupants of town houses and multiple housing dwellings not to exceed four units, a service charge for the collection and removal of refuse and garbage. The service charge shall be such as is from time to time adjusted by resolution of the city council through adoption of the annual city budget. 4/9

(a) For a single-family dwelling, ten dollars per month; (1) This basic monthly charge shall provide 52 single use adhesive tags (stickers). usable for weekly pick-up of one 32 gal container (bag ) (Ord.# 67-06). Additional stickers may be purchased from the city or its agents. (2) The stickers would be paid for in advance mailed monthly with the wastewater bill to customers with current accounts. The bill sent in the first month in each quarter would have 5 stickers, while the other two months in each quarter would have 4 stickers. (3) Each 32 gal container (up to 36 gallons) or bag (up to 36 gallons) requires one sticker. Larger bins require two tags to be picked up. Tagged bags larger 36 gallons would be prohibited. (4) There shall be no limit to the number of containers placed for curbside collection at single-family dwellings provided each has affixed a city refuse sticker ($3.00). (5) Bulk pickups require 4 stickers per item. (6)The sanitation department shall collect no additional items of refuse without the approved refuse container sticker affixed thereto. (b) For a townhouse or multiple housing dwelling not exceeding four units, ten dollars per month per dwelling unit; (1) This basic monthly charge shall provide 52 single use adhesive tags (stickers) usable for weekly pick-up of one 32 gal container (bag ) (Ord.# 67-06). Additional stickers may be purchased from the city or its agents. (2) The stickers would be paid for in advance mailed monthly with the wastewater bill to customers with current accounts. The bill sent in the first month in each quarter would have 5 stickers, while the other two months in each quarter would have 4 stickers. (3) Each container (up to 64gallons) or bag (up to 36 gallons) requires one sticker. Larger bins require two tags to be picked up. Tagged bags larger 36 gallons are prohibited. (4) There shall be no limit to the number of containers placed for curbside collection at single-family dwellings provided each has affixed a city refuse sticker ($3.00). (5) Bulk pickups require 4 stickers per item. 5/9

6) The sanitation department shall collect no items of refuse without the approved

refuse container sticker affixed thereto. (c) All owners of licensed rental property utilizing city collection service shall purchase, and shall have available for use for each unit, one 96-gallon wheeled city cart for every three licensed occupants or fraction thereof. The director streets and sanitation may reduce the size or number of containers required where the owner demonstrates that the property generates less than 65 gallons of refuse per week for every three occupants or fraction thereof. (d) For any dwelling unit within subsections (a) or (b) of this section where the head of the household who permanently and totally disabled or is sixty-five years of age or older, has submitted to the clerk-treasurer proof of having had less than seventeen thousand dollars in household income during the last calendar year, the charge shall be five dollars for that unit. Household income shall be deemed to include all taxable income as well as Social Security benefits, railroad retirement benefits, veteran’s pensions, and any other nontaxable income of any member of the household. The household income requirement shall be indexed each December for the following calendar year by adjusting the previous year's rate by the change in the Customer Price Index-Urban Wage Earner; (e) The owner of any multiple housing dwelling not exceeding four units or a religious institution may elect to use a city-compatible dumpster in lieu of individual trash and garbage containers for a fee of forty dollars per month for each dumpster. The initial cost of the dumpster as well as any future maintenance shall be the responsibility of the property owner. In addition, any owner adjacent to an alley receiving city service must provide a concrete pad, three feet by five feet and four inches thick for the dumpster. All pads shall be sloped toward the alley for drainage and ease of emptying the dumpster. No dumpster shall be allowed in the front yard or street right-of-way except on days of service. (Ord. No. 31-82, § 1; Ord. No. 8-83, § 1; Ord. No. 28-92, §21-11; Ord. No. 4202 § 1.) Sec. 67-21. Penalty; enforcement. (a )Except as otherwise specified a violation of any provision of this section of the West Lafayette City Code now existing or as duly amended in the future shall be subject to enforcement by and through the Ordinance Violations Bureau with the following schedule of fines: First Offense: Second Offense: Third and Any Subsequent Offense:

Fifty Dollars ($50) One Hundred Dollars: ($100) Two Hundred Fifty Dollars ($250)

(b) Each day on which a violation occurs shall constitute a separate violation. 6/9

(c) If court proceedings are instituted to enforce any violation hereunder, the City shall be entitled to reasonable costs of litigation including a reasonable attorney fee. (d) Any enforcement pursuant to the Ordinance Violations Bureau shall be an alternative to, and not a substitute for, enforcement by other means and methods previously in effect pursuant to the West Lafayette City Code and Indiana State Statutes. (Ord. No. 15-88, § 1; Ord. No. 15-89, § 8 (part); Ord. No. 27-89. § 2 (part); Ord. No. 27-90, § 8 (part); Ord. No. 9-91, § 7 (part); Ord. No. 17-91, § 9 (part). Ord. No. 36-92, §7.; Ord. No. 2-94 § 3; Ord. No. 39-96 § 3; Ord. No. 4-98 § 2.; Ord. No. 28-99 § 3; Ord. No. 20-02 § 3; Ord. No. 26-08) Sec. 67.22. Remittance to clerk-treasurer-recordation. Service charges, as specified in § 67.21, shall be prepared and billed by the city along with the bills for services rendered by the sewage treatment works and shall be payable at the same times as the sewage bills with all such sanitation fees collected being remitted to the clerk-treasurer for deposit. The clerk-treasurer, upon receiving the funds set out herein, shall record the receipts and disbursements there from in a manner to validate that the receipts are sufficient to cover the expenditures of the sanitation department. Such records will be maintained and presented to the council on a monthly and annual basis. (Ord. No. 31-82, § 2.) Sec. 67.23. Biweekly collection-restrictions. Payment of service charges as specified in § 67.06 shall entitle the recipient of said service to two collections of refuse and garbage per week, except upon declared holidays. Recipient shall also receive, upon request, one weekly special pick-up. Such biweekly service shall be restricted in the following manner: (a) Containers shall be in accordance with § 67.06. (b) Bags, full containers, individual articles or bundles of brush shall weigh no more than forty pounds. (c) No article or item shall be longer than four feet in length or two inches in diameter. (d) The following items shall not be included as acceptable for pickup: (1) Any liquids; (2) Hot ashes; (3) Any broken concrete, asphalt, bricks, blocks, gravel, sod, or earth; (4) Brush, tree trimmings and construction materials from a private contractor.

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Special pickup service on a weekly request basis, over and above the normal biweekly sanitation service, shall include only such items as household and yard furnishings, construction materials from work performed by the resident at that address, and auto parts weighing less than forty pounds. (Ord. No. 31-82, § 3.) Sec. 67.23. Owner liability. The charges for refuse and garbage collection shall be billed to the person being billed for sewage treatment. If a tenant is billed, the owner shall in no way be relieved of liability in the event the tenant does not make payment. (Ord. No. 31-82, § 4.) Sec. 67.24. Collection of delinquent charges. Charges for refuse and garbage collection shall be due and payable on or before the due dates shown on the bills and in keeping with the standard practices of the billing department for sewage treatment. Any service charge not paid by the due date shall be considered delinquent and shall be collectible, with any applied penalty, as hereinafter set forth: (a) Collection Through Tax Duplicate. As provided by the statutes of the state, delinquent service charges may be made a lien against the property served through certification to the auditor and to the recorder of the county. In such case, the delinquent service charges, together with the mandatory penalty of ten percent, shall be placed on the tax duplicate and be collected in the same manner as regular taxes and assessments are collected. (b) Collection Through Court Actions. In addition to the foregoing remedies, the city shall have the right to bring a civil action to recover any delinquent charges together with a penalty of ten percent and a reasonable attorney's fee. It shall also have the right, as provided by the statutes of the state, to foreclose any lien established under the provisions of subsection (a) of this section with recovery of the charge, a penalty of ten percent and a reasonable attorney's fee. (Ord. No. 31-82, § 5.) Sec. 67.25. Review by common council. The fee shall be subject to annual review by the common council with financial and statistical information being supplied to the common council by July 1 of each year thereafter. (Ord. No. 31-82, § 7.) Sec. 67.25. Water service turned off-partial fee. Service charges for refuse and garbage collection shall not be billed when the water service has been turned off by the West Lafayette Water Company. A partial monthly sanitation service fee shall be computed as follows: Time of Water Usage Trash Fee 1-15 days 1/2 the monthly rate 16-31 days total monthly rate (Ord. No. 31-82, § 8.) 8/9

INTRODUCED ON FIRST READING ON THE ______ DAY OF __________________, 2008. DULY ORDAINED, PASSED, AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF WEST LAFAYETTE, INDIANA, ON THE ______ DAY OF _____________________, 2008, HAVING BEEN PASSED BY A VOTE OF ____ IN FAVOR AND ____ OPPOSED, THE ROLL CALL VOTE BEING: Presiding Officer Attest: _________________________________ Judith C. Rhodes, Clerk-Treasurer PRESENTED BY ME TO THE MAYOR OF THE CITY OF WEST LAFAYETTE, INDIANA ON THE ______ DAY OF _____________________, 2008, AT THE HOUR OF ___________. Judith C. Rhodes, Clerk-Treasurer THIS ORDINANCE APPROVED AND SIGNED BY ME ON THE ______ DAY OF _______________________, 2008, AT THE HOUR OF ______________. John R. Dennis, Mayor Attest: _________________________________ Judith C. Rhodes, Clerk-Treasurer AYE NAY Bunder Burch Dietrich Hunt Keen Roales Thomas

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