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ORDINANCE NO.2736
AN ORDINANCE AMENDING CHAPTER 8.08 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "GARBAGE COLLECTION"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection" is amended as
follows:
8.08.010 Applicability:This chapter shallapplyto allterritory embraced withinthe corporate limitsofthe City
and the area of police jurisdiction thereof.
8.08.020 Intent:The maintenance of health and sanitation require, and itis the intention of this chapter to
make,the collection, removal, and disposal of garbage,refuse and dead animals withinthe City
compulsory. However, collection service is not requiredwhen written notice has been given the
City requesting a cessation of service where a building,whether commercial or residential, is
vacant orifa building is used for storage orsimilartype use and has no living quarters, no office
facilities,per se, orifthe business occupyingthe building is closed forbusiness and no garbage,
rubbish,refuse,solid waste,or otherwaste material is produced.
8.08.030 Definitions:The following words and phrases shall apply in this chapter:
1."Agricultural Waste"means all solidwaste generated bythe growing,washing,or preparation
formarketing of agricultural products, without cooking, blanching, or other processing.
2. "Ashes"means solid waste products of coal, wood, or other fuels used for heating and
cooking, from all publicand private establishments and from all residences.
3."Can"means a receptacle between fifteen (15) and thirty-two (32)gallon capacitywhich is
designed for garbage collection.It shall be strong,noteasilycorrodible,rodent-proof,insect
proof and shall have twohandles attached for easy handling.It shall also be tapered from
topto bottomso thatcontents naturally empty when inverted.There shall be an additional
charge forany cans collected.
4."Cart"means a ninety-six (96)gallon orless receptacle furnished bythe City to be used for
disposal of garbage thatisdesigned for handling by an automated collection vehicle.Said
carts shall be the only residential receptacles collected during weekly pickup withoutthere
being a charge for additional service.
5. "Collectorof Refuse"meansthe individual,firm,association,copartnership, corporation,orany
other entity whatsoever,including theCity of Moses Lake which collects the garbage,rubbish,
refuse, solidwaste, orother waste materialinthe Cityof Moses Lake under any arrangement
whatsoever.
6. "Combustible Rubbish"or"Burnable Material"means, ingeneral,the organiccomponent of
refuse,paper,rags,cartons,boxes,wood excelsior,furniture,bedding,rubber,plastics,
leather,tree branches,lawn trimmings,and the like.
7. "Commercial Refuse"means allsolid wastes which originate inbusinesses,office buildings,
stores, markets,theaters,andotherbuildings.The point at which anyofthe refuse becomes
solid waste andisthe responsibility ofthe City garbagecontractor shall be determined bythe
Utility Service Supervisor of the City.
ORDINANCE NO.2736
PAGE2 November 11,2014
8."Compactor"means a container with a device which compresses the loaded material.f\
9."Compactor Collection Truck"means an enclosed vehicle provided with special mechanical
devices for loading the refuse into the main compartment of the body, for compressing the
loaded materials,and for distributing the refuse within the body.
10."Construction and Demolition Wastes"means building materials and rubble resulting from
construction,remodeling,repair and demolition operations on houses,commercial buildings,
pavements,and other structures.
11."Containers"means small receptacles (one-to ten-cubic yard capacity)that can be emptied
by compactor collection trucks on site.
12. "Disposal Site"means the location where any treatment,utilization processing or deposition
of solid waste occurs.
13."Drop Box Site"means a loading site where small loads of solid wasteare dumped intoa large
container for transport to a processing and/or disposal site.
14."Functional Standards"means the criteria for solid waste handling expressed in terms of
expected performance.
15."Garbage"means all putrescible material including allputrescible animal and vegetablewastes
resulting from the handling,preparation,cooking,and consumption of food; swill and
carcasses of dead animals,except sewage,sewage sludge and human body wastes.
16."Groundwater"means water in the ground that is in the zone of saturation.
17."HazardousWastes"means dangerous wastes requiring special handling including,butis not
limited to,explosives,pathological wastes,radioactive materials and chemicals.
18."Industrial Solid Waste"means all solid wastes which result from industrial processes and
manufacturing operations such as factories,processing plants, repair and cleaning establish
ments,refineries and rendering plants.
19."Institutional Solid Waste"meanssolid waste generated by hospitals,nursing homes,schools,
prisons,reformatories,or other buildings housing an organization having social,educational,
or religious purpose.
20."Jurisdictional Health Department"means Grant County Health District.
21. "Landfill"means the solid waste disposal process using land for the final disposal site.
22."Noncombustible Rubbish"means material that is unburnable at ordinary incinerator
temperatures (one thousand three hundred to two thousand degrees Fahrenheit).For the
most part, it is the inorganic component of refuse,such as tin cans,heavy metal, mineral
matter,glass,crockery,dust,metal furniture,ashes,and the like.
23. "Offal"means intestine and discarded parts from the slaughter of animals.
24."On-Site Disposal"includesallmeansof disposal or,more usually,volume reduction, of refuse
on premises before collection.Examples are garbage grinding, burning orincineration, burial,
compaction or slurring at homes and commercial establishments.
26."Open Burning"means the burning of solid wastes in an open area or burning of solid wastes (A
in a type of chamber or vessel which is not approved in regulations.
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ORDINANCE NO.2736
PAGE3 November 11, 2014
26."Open Dumping"means the depositing of solid wastes into a body or stream of water,or onto
the surface of the ground without compacting the wastes and covering with suitable material
to a suitable depth that would prevent vector nuisance and pollution problems.
27. "Pathogen"means any infective agent capable of producing disease;it may be a virus,
rickettsia,bacteria,protozoan,etc.
28."Person"means an individual, firm,association,copartnership,political subdivision,
government agency,municipality,industry, publicor privatecorporation, or any other entity
whatsoever.
29."Pollution"means the presence in the environment or portion of the environment of
contaminating substances,materials, forms of animals or plantlifeinsufficient quantities and
of such characteristics and duration, as is or is likelyto be, injuriousto humans,to other plant
oranimal life,orproperty,orwhich unreasonably interferes with enjoymentoflifeand property.
30. "Processing of Waste"means the operation of solid waste which converts a waste into
something useful,leaving the term "handling"to describe what is done to prepare it for
disposal.
31."Pull-on Container"means a detachable container system inwhich a largecontainer (around
twenty to fifty cubic yards) is pulledonto service vehicle mechanicallyand carried to disposal
site for emptying.
32."Putrescible"means capable of being decomposed bymicro-organismswithsufficient rapidity
as to cause nuisances from odors,gases,etc. Kitchenwastes,offal,and dead animals are
examples of putrescible components of solid waste.
33."Refuse"means "Solid Waste"as defined in subsection 41 of this section.
34."Refuse Fill"means "Landfill"as defined in subsection 21 of this section.
35."Rendering"means a processof salvaging fats andoils,animal feedandother products from
animal waste bycooking.Dead animals,fish andwastes from slaughterhouses andbutcher
shops are commonly used.
36. "Rubbish"means all discarded nonputrescible solid waste except ashes,including paper,
cardboard,tin cans,wood,glass,bedding,yard clippings, etc.
37."Salvage"means reclaimable solid wastesuchas paper,metal,bottles,orotherobjectssaved
for the purpose of sale orother use not prohibited by law,rule,or regulation.
38."Sanitary Landfill"means a methodof disposing ofrefuseon land without creating nuisances
or hazards to public healthor safety, by utilizing the principles of engineeringto confinethe
refuse tothe smallest practical area,toreduce ittothe smallest practical volume, andtocover
it with a layer of earth at the conclusion of each day's operation or at such more frequent
intervals as may be necessary.
39. "Scavenging"means the uncontrolled pickingof materials.
40."Solid Waste"means all putrescibleand nonputresciblesolidand semisolidwastes,including
garbage,rubbish,ashes,industrial wastes,demolition and construction wastes abandoned
vehicles or parts thereof,discarded home and industrial appliances,manure,vegetable or
animal solid and semisolidwastes and other discarded material.The pointatwhich any of the
above becomes solid waste and is the responsibility of the Citygarbage contractorshall be
determined by the Utility Service Supervisor of the City.
41. "Solid Waste Disposal"means final disposition of solid waste by acceptable means.
ORDINANCE NO.2736
PAGE 4 November 11,2014
42."Solid Waste Handling"means the storage,collection,transportation,treatment,utilization,^"\
processing,and final disposal of solid wastes.
43."Special Wastes"means wastes difficult or unusual in the characteristics of quantities or
composition to handle.
44."Street Refuse"means material picked up by manual and mechanical sweepingof streets and
sidewalks,litterfrom public litter receptacles,and dirt removed from catch basins.
45."Surface Water"means a body of water whose top surface is exposed to the atmosphere
including a flowing body as well as a pond or lake.
46. "Swill"means the semi-liquid animal or vegetable waste of kitchens,market or stores.
47."Transfer Station"means a loading site where solid waste is transferred from one vehicle to
another for transfer to a final disposal site.
48."Trash"means "Rubbish",as defined in subsection 36 of this section.
49. "Unsanitary Condition"means any situation which negatively effects the health and general
welfare of humans or is of such a character so as to be likely to be injurious to humans,plant
or animal life, or property, or which unreasonably interferes with the enjoyment of life or
property.
50."Utility Service Supervisor"means the City official or employee of the City delegated and
authorized to administer this chapter.
51."Vacant"means not lived in or occupied./""^
52. "Vector" (of disease)means a living insect or other arthropod, or animal (not human),which
transmits infectious diseases from one person or animal to another.
53."Waste"means useless,unused,unwanted,or discarded materials.Waste includes solids,
liquids, and gases.The gases are principally industrial fumes and smoke;the liquids consist
mainly of sewage and the fluid part of industrial wastes,the solids are classed as refuse or
solid wastes.
8.08.040 City Sanitary Division:
A. Forthe purpose of carrying into effect the provisions and aims of this chapter,there is created
and established a division to be known as the City sanitary division.
B.The City Manager is empowered and authorized and may appoint a suitable and qualified
person as Utility Service Supervisor and this person shall have full charge and control of all
thework provided forand contemplated underthis chapter and as maybe provided forby rules
and regulations subsequently adopted.The Utility Service Supervisor shall also have charge
ofall collections and the enforcementofall charges for services rendered.In the absence of
the appointmentof a Utility Service Supervisor,the City Manager may designate an individual
employed by the City or a City department to perform the functions of a Utility Service
Supervisor.
8.08.050 Sanitation Fund:There is created and established a special fund known and designated as the
Sanitation Fund, into which all sums collected under this chapter shall be deposited and kept by
the Treasurer ofthe City and from which all expenses ofthe administration and operation ofthis /<^
chapter shall be paid.f A
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ORDINANCE NO.2736
PAGE5 November 11, 2014
8.08.055 Collection -Contract:
A.The City Council may authorize the entering into of a contractwith a contractor or contractors
for the collection,removal,and disposal of all garbage,rubbish,refuse,solid waste,or other
waste material; provided,however,that the City Council may, at its option,authorize the City
of Moses Lake to handle the collection,removal,and disposal of garbage,rubbish,refuse,
solid waste,and other waste material by the City of Moses Lake.
B.The contractor shall be a person who,in the minds of the City Council, is responsible and
qualified to perform the duties required under a contract for solid waste collection.Such
contract shall be made at least every ten (10)years or more frequently if desired.The
contractor may be required, at the discretion of the City,to furnish a corporate surety bond to
the City in a sum set under the contract,conditioned upon the faithful performance of his
contract and in compliancewith all ordinances of the City and all rules,regulations,laws, and
statutes relatingto his business including the provisions of this chapterand inaddition provide
for paymentto alllaborers,mechanics,and subcontractors and materialmen,and all persons
who shall supply such contractor with provisions and supplies forcarrying on such work.
C. Any contract with the contractor may be terminated by the City at any time for cause,or for
failure to comply with the terms of the contract with the City or the provisions of this chapter
and reasonable regulations imposed pursuantthereto.Inany conflicts between this ordinance
and the contract,the contract shall prevail.
8.08.060 Container Regulations:
A. Itshall be the duty of every person in possession,charge or in control of any dwelling,flat,
roominghouse,apartment house,or eating place or in possession,charge, or controlof any
shop, place of business,or manufacturing establishment at alltimes, to keep or cause to be
kept, portablecontainers, carts, orgarbage cans of approved size,type, and construction, and
to deposit or cause to be deposited the refuse therein.
B.Refuse or garbage containers shall not be filled with liquid or semi-liquid wastes.Such
containers, carts, and cans shall be kept ina sanitaryconditionwiththe outside thereof clean
and free from accumulative grease and decomposing material. Putrescible waste shall be
placed in sealed bags priorto being placed in a cart,container,or can.
C. Forresidential service every cart on the day designated forcollection, shall be placed within
five feet (5')ofthe traveled right-of-way and atleast five feet (5')from any obstruction with the
front facing the street or alley.Where alley access is available, meaning that the alley has
sufficient heightand width clearances forthe collectorof refuse's equipment to negotiate the
alleywithout interference,all containers shall be placed at the alley line.Where no alley
access is available,all containers shall be placed at the curb lineon the day designated for
collection and on all otherdays shallbe removed from street view.For commercialservice,
accounts shall have their containers placed on a solid surface ina location accessible to the
collectorof garbageand refuse withoutitshavingto move the containerupgrades. Safety and
maneuverabilityofthe collectorof refuse's vehicles shallbe primeconsiderations, butnotthe
only considerations, in determining accessibility.The Utility Service Supervisor, after
consulting withthe property owner if required,shallbe the determinerof accessibility after
conferring with the collector of garbage and refuse. Ifthere is a dispute between the Utility
Service Supervisor and the collector of garbage and refuse as to accessibility,the City
Managershallmake the determination as to whether a location is accessible. The decision
of the CityManagershallbe final.Provided there is access to the container,the collectorof
garbage and refuse shall pick up all commercial accounts where the container is located
whether the location is on private or publicly owned property.
D. Each container, cart, orcan shall be kept clean inside and out so that no odor nuisance shall
exist.It shallbe the responsibility ofthe person using any container,cart,orcan to keep them
clean unless this responsibility is altered by contract between the Cityand the collectorof
garbage and refuse.In such a situation,the contract shall control.The area around the
ORDINANCE NO.2736
PAGE 6 November 11,2014
containers shall be kept in aneat and sanitary condition.The Utility Service Supervisor may ^""\
place tags on garbage containers found to be in violation ofthis subsection and notify the )
propertyowner when the areas aroundthe container are not being kept ina neat and sanitary
condition. Alltags and notifications shallbe dated and signed by the Utility Service Supervisor.
Two (2)ormore violations of this provisionof this section shall subject the person responsible
to the penalties described in Chapter 1.08 of this code.
E.Those containers or cans found to be defective or illegal (defective bottoms,crushed so that
lids will not fit,fifty-five (55) gallon barrels,waste baskets,paper drums,etc.)or any other
containers that are found to be illegal shall be subject to impounding and/or disposal.If a
container received two (2)violations within a thirty (30) day period,the Utility Service
Supervisor of the City may authorize its destruction or impoundment.
The container or can shall be stored by the City not to exceed ten (10)days.If after ten (10)
days the owner has not claimed and agreed to repair the illegal container or can, it will be
disposed of by the City. The impoundment of an illegal container shall not relieve the owner
from compliance with regulations in this chapter.
F. No garbage or refuse cart, can, or container shall contain earth, rocks, or heavy refuse. Any
cart, can or container requiring a person to lift it shall not exceed fifty (50)pounds in total
weight of container and refuse.
G.Customers must restrain vicious dogs beyond reach of the garbage containers,carts, or cans
and prevent any interference with the pickup person on this account.
H.Large, suitable containers forcollectionof garbage and refuse may, with the approval of the
Utility Service Supervisor,be used in the business and commercial zones.Such containers
shall be supplied by the collector ofgarbage and refuse if the collector ofgarbage and refuse /"A
isso required byhiscontract with the City,however,that doesnotpreclude any person from '
owning their own container(s)if they so desire.
I.Compactors forindustrialand commercial users shall be designed to be compatible with local
sanitation transportation equipment.The Utility Service Supervisor shall approve all
compactors used for commercial or industrial uses.
J. All carts,cans,containers,or compactors,shall comply with the Consumer Products Safety
Commission laws and regulations.Itshall be the responsibilityof the account holder assigned
any container,or compactorto load itso that itcan be legally hauled on public highways by the
contractor of garbage and refuse.Containers shall not be loaded heavier than five hundred
(500)pounds gross per cubic yard ofcapacity and in no event more than two thousand (2,000)
pounds.
K. It shall be the duty of every person in possession,charge,or control of any dead animal or
upon whose premises the same may be located,to forthwith cause the same to be removed
and disposed of.
L. No person shall place their garbage,rubbish,refuse,solid waste,or other waste material in
the container or garbage can of another.
M.Containers designated forresidential use may not be used forany commercial purpose except
as may be allowed by this chapter.
N. It shall be the responsibility of each account holder or customer to manage the carts under
their custody and control.The repair or replacement ofall carts damaged,destroyed,stolen,^-^or lost as aresult of the negligence of the account holder or customer shall be billed to the C \
account holder or customer.
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ORDINANCE NO.2736
PAGE 7 November 11, 2014
8.08.070 Unlawful Disposal -Permits -Compost:
A. Itis unlawful for any person to burn,dump,collect,remove,or in any other manner,dispose
of garbage,rubbish,refuse,solid waste,otherwaste material, orswillupon any streets,alleys,
public place or private property within the City otherwise than as provided in this chapter.
B. No person shall maintain on his premises inany residential zone inthe Cityany receptacle for
outdoor burning of waste paper,boxes,rubbish,paper, or cardboard.Persons in any zone
may burn brush,leaves,grass,wood,limbs,weeds,or othervegetable type matter inthe open
or in a receptacle so long as an open burning permit is obtained from the Moses Lake Fire
Department and all other local,state and federal laws are observed.In commercial and
industrial zones incinerators may be constructed in accordance with standards set by the
Building Official as administered under controls of the State Building Code.
C. No compost pile shall be kept or maintained unless sufficient appropriate material or
substance,approved by the Utility Service Supervisor,is usedto prevent the presence of flies,
insects,bugs, rodents, or other pests or menaces to publichealth and welfare.
8.08.080 Collection Freouencv:The collectorof garbage and refuse shall collect, remove, and dispose of
all garbage and refuse inthe residential sections of the Cityat least once each week,and inthe
business and commercial zones of the City as required.
8.08.085 Ownership of Collected Waste:The collectorof garbage and refuse shallhave titleto allgarbage,
rubbish,refuse,solid waste,and otherwaste material after the material has been collected by the
collector of garbage and refuse.
8.08.090 Separation of Garbage: The City reserves the right to and may have the option to require the
separation of paper or swill or other component parts of refuse, and may require the deposit
thereof in separate cans or receptacles and may prescribethe method of disposal thereof.
8.08.100 Impermissible Actions:Itis unlawfulforany person,firm,orcorporationtodeposit, throw,orplace
swillor other refuse matter in a lane, alley,street,or other public place, or to deposit,throw, or
placeany swill uponany property,regardlessof ownership,unless the swill isenclosed invessels
ortanks oftype approved bythe Utility Service Supervisor,andwhich are perfectly watertight and
have tightly fitting covers, whichcovers shall notbe removed, except when absolutelynecessary
for the depositing and removalof swill.Such vessels or tanks shall be kept in the rearof the
premises orinthe basement,orother placeauthorized bythe Utility Service Supervisor, so as to
be readily accessible for collection and shall not be kept upon the street,alley,or sidewalk or
public place.All suchtanks orvessels shall be promptly delivered tothe collector whencalled for
and shallbe returnedby himwithout unnecessary delay, and no person,except for the purpose
of collectionunder license, shallinany manner interferewiththe vessels ortanks orwith contents
thereof.Swill,offal, and other liquid or semi-liquid waste may not be placed in dumpsters or
containers handled bythe collectorof refuse without permissionofthe collectorof garbageand
the Utility Service Supervisor.
8.08.108 Hazardous Waste:Hazardous waste shall not be the responsibilityofthe collectorof garbage and
refuse and shallbe disposed of inaccordancewithall local,state, and federal lawdirectly bythe
person producing suchwaste. Whetherwaste is considered hazardous waste isthe decision of
the Utility Service Supervisor and his decision is final.
8.08.110 Disposal of Garbage and Other Refuse:Alldisposal of refuse shall be by sanitary fill method or
methods specifically approved by the state Department of Health;provided,that the method or
methods shallincludethe maximum practicable rodent,insect, and nuisance control atthe place
of disposal;and,provided further,that animal offaland carcasses ofdead animalsshallbe buried
orcremated as directedbythe Utility Service Supervisororshallbe renderedat forty (40) pounds
per square inch steam pressure or higher,or heated byequivalent cooking.
ORDINANCE NO.2736
PAGE 8 November 11,2014
8.08.133 Billing -Service Charges:^\
A.The City shall perform all billing of customers,the collection of charges, service initiation,
changes in service and service deletions and will pay the contractor in accordance with his
contract.The City may withhold paymentto the contractor of any bills disputed by a customer
for any reason until the dispute is resolved.
B. Charges forrefuse collectionanddisposal maybe billed inconjunctionand simultaneouslywith
statements issued by the City forwater and sewer service, ifany,unless the ownerof the real
estate wishes the garbage separated.If the owner of the real estate wishes the garbage bill
separated,the owner of the real estate first must execute a form provided forby the City of
Moses Lake indicating his desires.The form shall contain, at a minimum,the owner of the real
estate's name and address,the address to which he wishes the billsent,and a statementthat
ifthe person at the address to which the bill is sent moves and leaves an unpaid balance, the
owner of the real estate recognizes his responsibility for the bill.If garbage charges become
delinquent they may be transferred to and added to the water account at the same property,
if a water account exists.However,the form of billing shall be at the City's discretion.If
charges for refuse collection and disposal are billed in conjunction and simultaneous with
statements issued by the City for water and sewer charges,all payments received from a
customer shall be credited first to past due garbage charges,then the remainder,ifthere be
any, first to past due sewer charges then to past due water charges.Payments on current
accounts shall be credited first to garbage charges then the remainder,if there be any, to
sewer charges then to water charges.
C.The billing for garbage service shall be made in the name of the owner of the real estate
served or a tenant at the direction of the owner of the real estate.If the owner of the real
estate wishes the bill sent to another address,the owner ofthe real estate first must executeawaiverformprovidedforbytheCityofMosesLake.The form shall contain,at aminimum,Z^^)
theowner ofthereal estate's name and address,the address to which hewishes thebill sent,'
and a statementthat ifthe person at the address to which the billis sent moves and leaves an
unpaid balance,the owner of the real estate recognizes his responsibility for the bill.
D.The charges or accounts shall be paid at the Civic Center thirty (30)days after the date of
billing,and if not paid, shall become delinquent on the thirty-first (31s)t day after the date of
billing.Service may be suspended for nonpayment of such accounts.Such suspension shall
not relieve the person owing such account from the duty of complying with the provisions of
this chapter.Such suspension shall render the premises where such service is suspended,
subject to condemnation for sanitary reasons.
E. Upon failure to pay the charges for garbage collection and disposal,the amount thereof shall
become a lien against the real estate as provided for by law.
F.New garbage accounts,changes of occupant,and changes in garbage service shall be
submitted on forms prescribed by the City's Finance Department.
G.The service charge to establish a new garbage accountor to change the occupantshall bethe
same as 13.12.085,Subsection C. Only one service charge shall be imposed if the account
includes joint charging for water,sewer,garbage service,or any combination thereof.
H. A delinquent service charge shall applyto each garbage accountto bethe sameas 13.12.085,
Subsection B.Only one delinquent service charge shall be imposed if the account includes
joint charging for water,sewer,garbage service,or any combination thereof.
I.Property served by more than one account must keep all accounts current.Any charges for /^-N^
garbage service which are billed on accounts separate from the water account may be {)
transferred to the water account at the same property if the garbage account becomes
delinquent.
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ORDINANCE NO.2736
PAGE 9 November 11,2014
8.08.135 Utility Tax Passthrouoh:
A. Section 3.30.050 providesinpartfor the collectionof a utility tax upon every.person,including
the City,who engages in or carries on the business of selling or furnishing sanitation or
garbage facilities and/or service for domesticorindustrial use. As a resultofthe operation of
the City sanitary division,the City is subject to the utility tax imposed by Section 3.30.050.
B. The City is authorized to collect the percentage of gross income portion of the utility tax
imposed by Section 3.30.050 from the users of the City's sanitaryservices by including on
each user's billing the sum the Citywould be liable to payas a utility tax on that basis.
8.08.140 Fee Schedule: Commencing with billing dates afterApril 1,1993,except as otherwise provided,
services and charges for garbage collection shallbe as follows (The garbageservice description
ineffect atthe time the garbage bill is prepared shallbe printed onthe utility bill for each account
with garbage service.):
A. Residential Rates: Regularservice at the curb oralley for collection of one ninety-six(96)
gallon orless cartonce perweek shall be as set forth on Schedule A adoptedinconjunction
withthis ordinance and attached hereto.Rates shall be prorated for service of less than one
(1)monthwith charges beingassessed ona perdaybasis.Additional items shallbe collected
forthe fee as set forth in Schedule A adopted inconjunction withthis ordinance.The charge
as set forth in Schedule A per bag, bundle, or box shall be paid in cash in advance at the
Moses Lake Finance Department withthe purchase of a coupon which will be attachable and
attached to the extra item.Service fees for duplexes shall be in accordance withthe service
fees as shown on Schedule A adopted inconjunction withthis ordinance which will be found
on file in the office ofthe Finance Director.Service fees for condominiums shall bethe same
as the rate forregular residential service and shallbe effective with billing dates after April 1,
1993 oras inthe futurerevised byindexing. Residential rates may applyto mobile home parks
and planned unit developments (PUDs).
B.Commercial Rates:Service fees for,including but not limited to apartments,motels,planned
unit developments,and mobile home parks shall be in accordance with the service fees as
shown in Schedule A adopted in conjunction with this ordinance which will be found on file in
the Office of the Finance Director,except as modified by 8.08.140 A.Rates shall be prorated
for service of less than one (1)month with charges being assessed on a per day basis.
C.Additional or Special Services:Additional or special services desired by residential or
commercial customers shall be arranged with the garbage contractor and paid to the City at
the rates for special garbage service in accordance with Schedule A adopted in conjunction
with this ordinance which will be found on file in the Office ofthe Finance Director.
D. Drop Boxes and Compactor Rates:Ifdrop box and compactor rates,other than 1x month or
1 x month togetherwith extra pickup rates, are used;the rates are for an annual basis not to
be adjusted seasonally.Compensation for unused pickups,ifany, are included ina reduced
rate. Extra pickups when applicable may be used with any service rate. Contractor will be
paid a minimum of one (1)time per month service fordrop boxes and compactors which shall
include one(1)pickup per month then the contractor shall be paid foradditional actual pickups.
The garbage contractor shall submit allcharges for special garbage service and alldrop box
and compactor pickups on forms prescribed by the City's Finance Department.
8.08.150 Administration:
A. If a home occupation is carried on in a residential zone as allowed by the Community
Development Directoror other similar position or designee under the Moses Lake Municipal
Code,the resident shall pay only for residential service so long as there is never more than
one (1)cart perweek putout forcollection. Inthe eventa dispute arises over whethera home
occupation should be required to pay residential or commercial rates, the Utility Service
Supervisor shall make the determination as to what service is being used or should be used
ORDINANCE NO.2736
PAGE 10 November 11,2014
and therefor what service isto be charged.The decision of the Utility Service Supervisor shall
be final.
B. Ifa commercial buildingwitha single entrance,exclusive offireexits,has multiple tenants,the
owner of the real estate shall have the option of paying for service for all the tenants or the
owner of the real estate upon notifying the Cityof Moses Lake on a form provided bythe City
can require the tenants to pay for individual services.The form shall provide that in the event
the tenant fails to pay for the service rendered,the owner of the real estate shall assume
responsibility for the debt and agree to pay the same.
C. Iftwo(2)or more types ofservice are availableto a garbage account, bothwhichadequately
and satisfactorily serve the account,the owner of the real estate or the party receiving the
service,depending upon the circumstances,shall have the option of selecting the service he
wishes to receive so long as no unsanitary condition is created as a result of the service
selection of the owner of the real estate or the party receiving the service.Ifa dispute arises
between the owner of the real estate or the party receiving the service and the collector of
refuse concerning the type of collection service an account should be receiving,the Utility
Service Supervisor shall make the determination as towhat typeofservice is to be charged.
The decision of the Utility Service Supervisor is final.
D.The type of service to be utilized by commercial accounts and the attendant fee shall be
agreed upon by the owner of the real estate served or the party receiving the service,
depending upon the circumstances.Ifa dispute arises between the owner of the real estate
or the party receiving the service and the collector of refuse concerning the type of collection
service an account should be receiving,the Utility Service Supervisor shall make the
determination as to what type of service is to be charged.The decision of the Utility Service
Supervisor shall be final.
E.The monthly rates established in Schedule A are all inclusive and intended as annual rates for
residents and businesses desiring long term service of at least one (1) year.Residents or
businesses wanting temporary service will be required to pay individual charges for container
delivery,dumping,and pickup per Schedule A.
F.The City shall have the power,from time to time, by resolution or after City Council
consideration by motion duly made and passed,to set forth and determine additional rules and
regulations and other matters as may be necessary in the discretion of the City Council for the
proper execution of this chapter.
8.08.160 Violation Enforcement:The Utility Service Supervisor shall enforce this chapter and enforce its
provisions using the provisions of Chapter 1.20 of this Code.
Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on November 11,2014.
ATTEST:
Dick Deane,Mayor
APPROVED AS TO FORM:
fierine L.Kenison,City'AttQTney
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