028 of 2007 - amending section 9.08.030 and section 9.08.115 relating to garbage and recycling pick up services 0 07-1
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SALT LAKE CITY ORDINANCE
No. 28 of 2007
(Refuse Fund Fees)
AN ORDINANCE AMENDING SECTION 9.08.030 AND SECTION 9.08.115
OF THE SALT LAKE CITY CODE, RELATING TO GARBAGE AND RECYCLING
PICK UP SERVICES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 9.08.030 of the Salt Lake City Code, relating to
garbage and recycling pick up services be, and the same hereby is, amended as follows:
9.08.030 Garbage, Green Waste,And Recycling Pick Up Services:
The city will provide for the collection and disposal, at the expense of the property
owner, of garbage, community waste, stove ashes, recyclable material, and other such
refuse from residences, eligible multi-family properties, eligible businesses, churches,
and non-profit organizations as provided herein. Said collection shall be under the
supervision of the department of public services pursuant to the following:
A. Garbage And Recycling Pick Up Services To Residences:
1. Garbage Service To Residences And Responsibility For Payment: Except
where water, sewer, and garbage service to the owner's premises is properly
terminated or the owner notifies in writing the director of public services that the
owner's garbage will be picked up by a private collector, the owner of every
residence shall be responsible and liable for the below enumerated monthly
charges for garbage service. The charge for such service shall be billed with the
city's regular water and sewer billings to the owner, as shown on the records of
the public utilities department, of such dwelling units , and directly to the address
of all other such residences provided by the director of the city's department of
public services. In those instances where the water and sewer bill is currently
being sent to a tenant or other occupant at the owner's request, the garbage service
will be similarly billed. However, the owner is responsible to pay and is liable for
all charges for garbage service furnished to the residence if such tenant or
occupant shall fail to pay the same.
2. Charges For Garbage Service To Residences:
a. Beginning in March 2008, automated garbage containers will be available in
90-gallon, 60-gallon, and 48-gallon sizes. Any resident who changes garbage
container size must continue to use the new garbage container size for at least
twelve months before the resident may again change the size of the garbage
container.
Monthly charges for general garbage pick up service provided to residences for
the city's fiscal year 2007-2008 shall be eight dollars and twenty- five cents
($8.25)per month for the first automated 48-gallon container. The monthly
charge shall be nine dollars and twenty-five cents ($9.25) per month for the first
automated 60-gallon garbage container. Effective March 1, 2008, the monthly
charge shall be eleven dollars and twenty-five cents ($11.25) for the first
automated 90-gallon garbage container. The first automated garbage container
shall be delivered to residences without a delivery charge. Additional 48-gallon
automated garbage containers can be obtained for eight dollars and twenty-five
cents ($8.25) each per month plus a delivery fee of eleven dollars ($11.00) each.
Additional 60-gallon automated garbage containers can be obtained for nine
dollars and twenty-five cents ($9.25) each per month plus a delivery fee of eleven
dollars ($11.00) each. Prior to March 1, 2008, additional 90-gallon automated
garbage containers can be obtained for ten dollars and seventy-five cents ($10.75)
each per month plus a delivery fee of eleven dollars ($11.00) each. Effective
March 1, 2008, additional 90-gallon automated garbage containers can be
obtained for eleven dollars and twenty-five cents ($11.25) each per month plus a
delivery fee of eleven dollars ($11.00) each. These fees are subject to
modification by future city councils.
3. Charges For Green Waste Service To Residences:
a. Beginning in March 2008, automated green waste containers will be available
to residents on a subscription basis. The minimum subscription period will be
twelve months. Green waste service shall be provided for nine months each year
beginning on March 1 and ending on November 30.
The total cost to subscribers will be forty two dollars ($42.00) per subscription
year. The subscription cost will be allocated evenly and charged each month
during the subscription year. The monthly charge for green waste service pick up
for the city's fiscal year 2007-2008 shall be three dollars and fifty cents ($3.50)
per month for the first automated container. The first automated green waste
container shall be delivered to subscribers without a delivery charge. Additional
green waste containers can be obtained on a twelve month subscription basis. The
fee will be three dollars and fifty cents ($3.50) each per month per container plus
a delivery fee of eleven dollars ($11.00) each. These fees are subject to
modification by future city councils.
4. Recycling Pick Up Services Available To Residences: Owners or
occupants of residences may elect to subscribe to the city's recycling pick up
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service. Owners or occupants of residences will not be charged for this service in
addition to the fee set forth in subsection A2 of this section.
B. Recycling Pick Up Service Available To Eligible Multi-Family Property
Owners,Eligible Businesses, Churches, and Non-Profit Organizations:
1. Recycling Pick Up Service: Owners of eligible multi-family properties
andeligible businesses, churches, and non-profit organizations may elect to
subscribe to the city's recycling pick up service. A business, church, non-profit
organization, or multi-family complex located outside of the service provider's
normal routes may not be eligible to subscribe to the recycling program. Such
service shall be billed with the city's regular water and sewer billings to owners,
as shown on the records of the public utilities department, of eligible multi-family
properties and eligible businesses, churches, and non-profit organizations. In
those instances where the water and sewer bill is currently being sent to a tenant
or other occupant of the premises named in the department of public utilities
application at the owner's request, the recycling pick up service will be similarly
billed. However, the owner is responsible to pay for the recycling pick up service
furnished such tenant or other occupant if such tenant or occupant shall fail to pay
the same. The city may collect from private streets with a signed written
agreement between the department of public services and the private street owner.
2. Charges For Recycling Pick Up Services: Charges for recycling pick up
service provided to the owner of an eligible multi-family property or eligible
business, church, or non-profit organization for the city's fiscal year 2007-2008
shall be three dollars and seventy-five cents ($3.75)per month for the first
automated recycling container. Additional automated recycling containers can be
obtained for three dollars and seventy-five cents ($3.75) each per month.
Automated recycling containers shall be delivered to eligible multi-family
properties and businesses without a delivery charge. These fees are subject to
modification by future city councils.
3. Promotion And Education Requirements Regarding Recycling Pick Up
Service In Multi-Family Properties, Businesses, Churches, and Non-Profit
Organizations: The business owner or manager of any eligible business, church,
or non-profit organization who has subscribed to the city's recycling pick up
service must distribute general recycling information and current program
recycling guidelines to each employee of such entity within fourteen (14) days
after such employee's commencement of employment and to all employees of the
entity annually. The owner or manager of any eligible multi-family property who
has subscribed to the city's recycling pick up service must distribute general
recycling information and current program recycling guidelines to each tenant
housed in the complex within thirty(30) days after such tenant's commencement
of occupancy and to all tenants housed in the complex annually. If requested, the
city will assist by providing educational flyers.
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C. Billing:
1. Periodic Billing Statements: The department of public utilities shall cause
billings for garbage collection and recycling pick up services to be rendered
periodically at rates established in this chapter. In the event partial payment is
made on a combined bill, the payment shall be applied first to franchise fees due,
and then to each service on a pro rata basis as determined by the director of public
utilities.
2. Delinquency: Fees and charges levied in accordance herewith shall be a
debt due to the city. If this debt is not paid within thirty(30) days after billing it
shall, at the option of the director of public utilities, be deemed delinquent and
subject to recovery in a civil action for which the city may recover reasonable
attorney fees, and said department shall have the right to terminate water, sewer,
garbage collection, and recycling pick up services to said premises. Any
uncollected amount due from the owner on any inactive, terminated, or
discontinued account may be transferred to any active account under the owner's
name and upon failure to pay said bill after at least five (5) days' prior written
notice, water, sewer, garbage collection, and recycling pick up services to that
account and premises may be discontinued.
3. Restoration Of Service: Water, sewer, garbage, and recycling pick up
service shall not be restored until all charges shall have been paid.
D. Deposits Required From Nonowners: All new water, sewer, and
garbage collection service users who are not the owners of the premises shall pay
to the department of public utilities for deposit with the city treasurer an amount
sufficient to cover the cost of garbage collection services that may accumulate.
The amount deposited shall be not less than twice any monthly or bimonthly bill
for garbage collection over the preceding year on such premises, but in no case
shall it be less than ten dollars ($10.00). The department of public utilities shall
issue a certificate of deposit. The amount deposited shall be refunded by the city
treasurer to the holder upon the surrender of the certificate properly endorsed,
provided all garbage bills and other charges are paid. All bills for garbage service
must be paid promptly without reference to said deposit. Whenever any user of
garbage collection services fails to pay for garbage services rendered to such
premises, the money deposited or any part thereof may be applied to the payment
of such delinquent bills by the department of public utilities. The owner of the
premises will be required to pay any deficiency.
E. Abatement: Those owners granted indigent abatement for taxes on their
dwelling by Salt Lake County under section 59-2-1107 et seq., Utah Code
Annotated, or its successor, shall be granted a fifty percent (50%) annual
abatement of the above garbage pick up charges during the year of such
abatement.
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F. Enterprise Fund: All funds received from garbage service and recycling
pick up service shall be placed in the garbage enterprise fund and left separate and
apart from all other city funds. The collection, accounting, and expenditure of all
such funds shall be in accordance with existing fiscal policy of the city.
G. Vacancies: If a residence being served is vacant and the owner is trying
to sell it, or it is or will be vacant because of an extended vacation of the
occupant, the owner may apply to the public services director in writing for
termination of garbage service for a specified period. The automated garbage and
recycling container(s)will be picked up and returned pursuant to the owner's
request upon payment of an eleven dollar($11.00) service fee. If said service fee
is paid, no garbage, green waste, or recycling collection fee shall be charged
during the period of vacancy.
SECTION 2. That Section 9.08.115 of the Salt Lake City Code, relating to
compliance with and enforcement of recycling pick up service laws be, and the same
hereby is, amended as follows:
9.08.115 Compliance With And Enforcement Of Recycling and Green Waste Pick
Up Service Laws:
In evaluating whether an infraction regarding the recycling or green waste pick up service
has occurred, city staff or the city's contractor has the right to visit the premises of multi-
family properties,businesses,residences, churches, and nonprofit organizations that
subscribe to the recycling pick up service or residences that subscribe to the green waste
service to determine the presence and capacity of recycling or green waste containers, the
presence and quantities of recyclable material in recycling containers, the presence and
quantities of green waste in green waste containers,the presence of signs, flyers, stickers,
and other information that promotes recycling, and to engage in discussion with tenants,
employees, and owners regarding their recycling or green waste program.
The city may initiate an enforcement action based on its own observations or notification
by the service provider or other third parties for failure to comply with this code and rules
promulgated thereunder governing the recycling or green waste pick up service. The city
or its service provider will notify the resident or owner in writing describing the nature of
the failure to comply.
The city reserves the right to discontinue recycling or green waste pick up service for any
residence, multi-family property, or business that fails to comply with this code and rules
promulgated thereunder governing the recycling or green waste pick up service.
For a period of six (6)months after the recycling or green waste pick up service has been
discontinued due to infractions, the residence owner,multi-family property owner, or
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business owner shall not be allowed to subscribe to the recycling or green waste pick up
service.
SECTION 2. That this ordinance shall take effect immediately upon the date of
its first publication.
Passed by the City Council of Salt Lake City, U this 12th day of
June , 2007.
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Transmitted to Mayor on June 18, 2007 • •
Mayor's Action: 2( Approved. Vetoed.
MAYOR
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' APPROVED AS TO FORM
(SEAL) G 4,
`+' Salt Lake City Attorn�
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Bill No. 28 of 2007. , *'• lgt...,gl `-- By �� .171,t -----
Published: July 1, 2007 •'►rr'o ' ..................�'
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HB_ATTY-#203-v1-Amending_9_08_030_refuse_fund_fees_6-14-07 clean.DOC
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