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1996-20 Amending Chapter 8.20 Solid Waste Collection and DisposalKODIAK ISLAND BOROUGH ORDINANCE NO. 96 -20 Introduced by: Mayor Selby Requested by: Finance Director Drafted by: Accountant Introduced: 11/26/96 Public Hearing: 12/05/96 Adopted: 12/05/96 AN ORDINANCE AMENDING CHAPTER 8.20 SOLID WASTE COLLECTION AND DISPOSAL OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TO REFLECT AMENDMENTS TO THE REGULATIONS ON STORAGE, COLLECTION, PROCESSING, RECOVERY AND DISPOSAL OF SOLID WASTE WHEREAS, the periodic review of the solid waste collection and disposal ordinance has result in identifying some minor changes that will improve the regulations; and WHEREAS, it is good public policy to keep regulations current; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Sections of Title 2 Health and Safety Chapter 8.20 Solid Waste Collection and Disposal are hereby amended: 8.20.041 Services available. A. The following categories of service are available under the system of collection and disposal provided by the borough: 1. residential can or bag service shall be available within the corporate limits of the city of Kodiak to each dwelling unit occupied by related persons or by five (5) or fewer unrelated persons, on a once -a -week basis, except on dead -end streets and alleys with no turnaround, where dumpsters will be provided on a ratio of one (1) dumpster per ten (10) to fifteen (15) dwelling units; 2. residential carryout service, consisting of collection of bagged garbage, rubbish, and trash from a location within or in close proximity to the dwelling unit, will be provided at a charge in addition to the charge for established residential can or bag service. Carryout means transporting the garbage from the residence or building to the collection point; 3. residential dumpster service on a ratio of one (1) dumpster to ten (10) to fifteen (15) dwelling units located within apartment buildings, trailer courts, and other locations where utilization of a centralized collection location is reasonably convenient to the customers, necessary to the efficient collection of garbage, rubbish, and trash, and a suitable location for a dumpster if available. Residential dumpster service shall be available in all areas where service is provided outside the corporate limits of the city of Kodiak. Dumpsters will be located at or near intersections of feeder roads and main arterial roads; Kodiak Island Borough, Alaska Ordinance No. 96 -20 Page 1 of 5 4. commercial [bag] service will be available to business premises on the basis of [collections] one MOO per week[ to two (2) times pm week]. Services shall be limited to four (4) flostookso bags NON per collection. Commercial [bag]0* service shall also be made available to all dwelling units, withm the ity 1urnt that are not eligible for residential bag service or home business service; and 5. commercial dumpster service will be provided to business establishments with a collection frequency between one (1) and seven (7) times per week with dumpster capacities ranging from two (2) to six (6) cubic yards, as selected by the customer. Federal facilities may provide their own system of collection services or may contract with the borough for such services. B. Items such as beds, water heaters, furnaces, major appliances, and similar bulky household items discarded by individuals utilizing the established collection service should be taken directly to the landfill by the owner. Collection of such items will be provided once a month as part of the residential service, at no additional charge, except for the months of December, January, February and March. C. The category of service to be provided and utilized, as well as the frequency of collection necessary to conform to the health requirements, shall be determined by the [dileaudonviittttiogiogiow in conformance with the provisions of this chapter. Prior to any change in category or classification of service, the [di-red-04o fikoodationom shall send a notice to the person affected by the change, requesting the person to appear and confer with the [director]eootimwoit.w. within seven (7) days from the date of mailing or personal delivery of the notice. The notice shall specify the former classification or category of service, the proposed new category of service, the date and place to appear to discuss the change in classification, and shall invite the person or persons affected by the change to appear and present any basis that may exist for modifying or nullifying the proposed change in category of service. (Ord. 86-52-0 §2, 1986). Kodiak Island Borough, Alaska 8.20.050 Schedule of rates. A. The rates to be charged for garbage collection and disposal, including the operation and maintenance of the baler facility and the sanitary landfill, will be set by resolution of the assembly at such rates as is necessary to make the garbage disposal service operate as a non-subsidized free standing operation. Payment should be made in cash at the time of delivery, except commercial users may make arrangements for a monthly billing. B. Unsecured loads transported by cars, pickups or trailers eight feet (8') or less in length shall be charged ten dollars ($10) more than the secured load charge. All other unsecured loads shall be charged thirty dollars ($30) more than the secured load charge. C. Borough baler facility [permitl§71, accounts: 1. individuals or firms which regularly use the baler facility may obtain a [permit carc]Oti0106,11:;000016t [ • • . • - . • e ]. Applications [for tit may be obtained from the director of filhOW or his designee. All applications are subject to approval by the director of finance or his designee; Ordinance No. 96-20 Page 2 of 5 3-2. charges for which credit is extended [ ] will be billed monthly and are due within ten (10) days after the bill is mailed; and 43. [ . (Ord. 86 -39 -0 §2(part), 1986). 8.20.055 Vacancy A. No reduction of charges will be made on partially vacant or vacant premises unless the director of finance has first been notified of such intended vacancy. No allowance will be made for a vacancy period of less than thirty (30) days. The account will [not] be billed N4rr:::Ch::f garbage [ ] ::::::.::::::::� :::::::::::.:::::::............................ ............................... during the recognized vacancy period. B. When such a vacancy occurs, the property owner will certify in writing that the premises are vacant and will indicate the length of vacancy anticipated. The property owner of vacant premises will be required to recertify in writing that the premises remains in a vacant status when the duration of such vacancy exceeds one hundred eighty (180) days from the original certification or recertification. The property owner will notify the director of finance immediately when the premises are again occupied. If the premises are found to be occupied and the director of finance is not notified, the account will be back - billed as if no vacancy occurred. (Ord. 95 -15 §3, 1995). 8.20.060 Solid waste storage and containers. All garbage, rubbish and trash placed for collection shall be contained or secured by one of the following methods: A. In plastic bags having a minimum thickness of 2.0 mils and a [rairrimtm capacity of thirty (30) gallons, securely tied and unbroken. The contents of each bag shall not weigh more than thirty (30) pounds; B. In metal or plastic cans having a maximum capacity of thirty -two (32) gallons, a maximum empty weight of twenty (20) pounds, a maximum loaded weight of sixty (60) pounds. Cans shall be tapered outward toward the top and so loaded that the contents will readily fall from the container when the lid is removed and the can is inverted. The cans shall be equipped with handles that are easily gripped with a gloved hand and a lid that can be readily removed for emptying. If lids are tied to cans, they shall be secured in such a manner that the lid is held by elastic cord, is easily removed from the top of the can and hugs tight to the side of the can when removed from the top of the can. Cans and lids shall be maintained in good repair and shall exclude water; C. Bulky items of trash may be secured in tied bundles not over fifteen inches (15 ") in diameter, thirty -six inches (36 ") in length, and having a maximum weight of thirty (30) pounds; D. Ashes, soot, kitty litter, excrement, and other objectionable and obnoxious material shall be placed in securely tied plastic bags and shall not be placed loose in cans; E. Garbage, rubbish, and trash accumulating between regular scheduled collection days shall be stored in containers or locations which exclude dogs, cats, Kodiak Island Borough, Alaska Ordinance No. 96 -20 Page 3of5 rats, rain, and snow and shall be protected in some manner so that the container will not be easily tipped by dogs or windstorms; F. Solid waste shall not be stored longer than the period between scheduled collections n `: G. All putrescible solid waste shall be drained of surplus liquids and shall be securely wrapped in paper or placed in watertight bags before being placed in containers; H. No person shall deposit solid wastes upon any street, alley, city or borough property, or upon any property or in any container owned by another unless he does so with the consent of the property owner; and I. No person having the care as owner, lessee, agent or occupant of any premises shall not store solid wastes for collection purposes except in a clean and sanitary manner and in accordance with all other applicable federal, state and municipal statutes, ordinances, rules and regulations. The borough reserves the right to clean such premises if not properly kept and to add the cost thereof to the utility bill of such person, and to prosecute such person for noncompliance with this code. (Ord. 86 -39 -0 §2(part), 1986). 8.20.065 Service requests, billing and collection. A. Each person making an initial request for collection service shall complete, sign, and submit an application to the borough on a form prescribed by the director Of na , specifying the premises to be served, the type of service [requested], the address to which billing shall be sent, and such other information as may be determined to be necessary by the director B. Billing for service will normally be in the customer's hands prior to the tenth of the subsequent month. The person subscribing to the collection service shall be billed either directly by the city of Kodiak, the borough, or by the contractor performing the service on behalf of the borough. Billings by the borough for garbage collection service may be combined with billings for other borough services in an itemized billing setting forth the charge for each service provided. C. Payments for garbage collection and disposal service shall normally be made monthly on or before the [20th]tsb f r f ( th ); day of each month and billings may require payments to be made in advance. Payments for garbage collection service that are not timely made shall be subject to late charges as outlined in section 13.01.155 of this code. D. If the borough determines that a person applying for service, who is not the owner of the premises to be served, has not established credit in the community sufficient to create a reasonable belief that billings for garbage collection will be timely paid, the borough may require the applicant to post a deposit in an amount equal to two (2) months billings for the collection service requested. The deposit shall be retained by the borough for a period of one (1) year, after which it will be returned on a request of the person making the deposit if a record of timely payment has been established. Deposits posted with the borough will not be escrowed and the depositor will not earn interest during the period the funds are retained by the borough. Kodiak Island Borough, Alaska Ordinance No. 96 -20 Page 4 of 5 E. Every charge to a person made by the borough in connection with garbage collection, to include, but not limited to, residential can or bag service, residential carry -out service, residential dumpster service, commercial bag service, and commercial dumpster service, constitutes a lien chargeable against the property and has a status the same as if the charge had been levied or assessed as a property tax. The lien may be foreclosed by the borough in the same manner as any other lien or mortgage against the property for nonpayment. (Ord. 95 -15 §4, 1995; Ord. 94 -07 §2, 1994; Ord. 91 -07 §2, 1991; Ord. 86 -52 -0 §3, 1986). 8.20.070 Hazardous and toxic wastes. A. Except as provided in this chapter: 1. no person shall dispose of hazardous or toxic wastes within the borough; and 2. no person shall dispose of hazardous or toxic wastes generated within the borough. B. Hazardous and toxic wastes that the [director] r r i r >< n` tr er determines can be safely and efficiently disposed of at borough disposal facilities shall be separately contained, clearly identified and delivered to a designated disposal facility upon such reasonable notice as the [director]07... require. C. Hazardous and toxic wastes which the [director]er determines cannot be both safely and efficiently disposed of at borough disposal facilities shall be disposed of in such a manner as to prevent any hazard, damage or injury to persons or property, and shall, in addition, be disposed of in accordance with any and all applicable federal, state and municipal statutes, ordinances, rules and regulations. (Ord. 86 -39 -0 §2(part), 1986). ATTEST: o nna F. Smith, CMC /AAE, Borough Clerk Kodiak Island Borough, Alaska ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF DECEMBER, 1996 KODIAK ISLAND BOROUGH cp ome M. Selby, Borough ayor Robin Heinrichs, Presiding Officer Ordinance No. 96 -20 Page 5 of 5