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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: March 9, 2004

Subject/Title: Consideration of an Ordinance amending Municipal Code Section 8.16.100 approving mandatory refuse service for residential and non-residential property.

Prepared by: Jon Carlson, Solid Waste Manager

Submitted by: Paul Zolfarelli, Public Works Director

RECOMMENDATION
Consideration of an Ordinance amending Municipal Code Section 8.16.100 approving mandatory refuse service for residential and non-residential property.

PREVIOUS ACTION
No previous action taken.

BACKGROUND
Residential and non-residential properties have been observed without solid waste collection services or without the proper level of service. This lack of proper levels of service results in accumulation of debris that can to lead to fire, health and safety issues. In addition, these conditions result in complaints from surrounding property owners that require Code Enforcement to respond and process these complaints.

DISCUSSION
Staff recommends amending the current Municipal Code to redefine and expand on the mandatory clause, which already exists. The current code is ambiguous about which properties or types of businesses are required to have collection service.

The amendments are depicted in Attachment A and requires all owners or tenants of non-vacant, improved properties, both residential and non-residential, to subscribe to a minimum level of service (one 32 gallon cart serviced once per week).

FISCAL IMPACT
Staff conservatively estimates that 200 properties currently do not subscribe to any City of Brentwood solid waste collection service. Amending and enforcing this section of the Municipal Code would increase user fees and increase the Solid Waste Enterprise Fund by approximately $48,000 per year.

Attachments:
• Attachment A - Amended Municipal Code Section 8.16.100
• Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING MUNICIPAL CODE SECTION 8.16.100 APPROVING MANDATORY REFUSE SERVICE FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTY.

WHEREAS, residential and non-residential properties have been observed without solid waste collection services or without the proper level of service; and

WHEREAS, this lack of a proper level of service results in an accumulation of debris on the parcels which can lead to fire, health and safety issues and may require City Code Enforcement to respond and process such complaints regarding debris; and

WHEREAS, the current municipal code does not clearly state which properties or types of businesses are required to have collection service; and

WHEREAS, amending and enforcing this section of the municipal code would increase user fees and increase the Solid Waste Enterprise Fund by approximately $48,000 per year.

NOW, THEREFORE the City Council of the City of Brentwood hereby accepts Municipal Code Section 8.16.100 as follows:

8.16.100 Receptacles & Service Required – Specifications, Placement and Collection.

A. It shall be the duty of every tenant, lessee, occupant, keeper or owner of any residential property and non-residential property, every other person or business generating garbage, rubbish, swill or waste matter, to provide and keep within the building or on the lot on which the building is situated, suitable and sufficient watertight containers of galvanized metal, rubber or comparable material, of sufficient size to handle the accumulation of garbage, rubbish or waste matter on the premises during the interval between collections. Containers shall be equipped with handles and shall be kept closed continuously with tight-fitting covers of galvanized steel, rubber or other comparable material except when being filled or emptied and shall be rodent-proof and fly-tight. All containers shall meet with the approval of the City.

B. Residential-style containers requiring automated collection shall be placed at the curb with at least three (3) feet from any other container and at least six (6) feet from any other objects (i.e. cars, mailboxes and/or basketball hoops). Each container placed at or near the curb-line for collection shall be placed there not earlier than twenty-four hours before the designated time for collection, and shall be removed by the customer not later than twenty-four hours after the designated time for collection.

C. Every tenant, lessee, occupant, keeper or owner of the places or occupancies referred to above shall be responsible for the regular collection of garbage from the places of occupancy by authorized collectors of garbage in the City of Brentwood, and shall also be responsible for the payment of all garbage services by the authorized collectors of garbage from the places of occupancy. It is mandatory for each dwelling unit in the City to be provided with garbage collection service.

D. Every tenant, lessee, occupant, keeper or owner of any residential property and/or non-residential property, every other person or business generating garbage, rubbish swill or waste matter shall be responsible for the collection and removal of all these materials from that property and shall be required to subscribe to the minimum level of service (one 32 gallon cart serviced once per week) with the City for collection and removal. The City may require a greater level of service if deemed appropriate or necessary for health or safety reasons. This shall not include residential nor non-residential properties that are vacant and/or unimproved.

E. The collector shall transfer the contents of all containers into the trucks provided without spilling any garbage, swill, rubbish or waste matter on the stairs, walks, yards or streets. The collector shall clean up garbage, swill, rubbish or waste matter spilled during collection and shall completely empty containers and replace lids on the containers. The collector, while collecting in the early morning hours, shall use every precaution to prevent unnecessary noises. The collector shall not damage cans or property while making collections and shall return containers in an upright position to their places of pickup.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of March, 2004 by the following vote:
 

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