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HomeMy WebLinkAbout20 - SOLID WASTE te i e e Chapter 20 SOLIDWASTE* Article I. In General Sees. 20.1-20.20. Reserved. Article II. Litter Control Generally Sec. 20-21. Definitions. Sec. 20-22. Violations and penalty. Sec. 20.23. Priority on docket. Sec. 20.24. General prohibitions. Sec. 20-25. Storage of construction materials. Sec. 20.26. Depositing snow or ice. Sec. 20.27. Abatement arvi.olations-Authority, Sec. 20.28. Same-Payment of costs. Sees. 20-29-20-40. Reserved. Article III. Waterway Litter Control Sec. 20-41. Definitions. Sec. 20-42. Purpose. See. 20-43. Penalty. Sec. 20-44. Presumption as to operator of motor vehicle. See. 20.45. Notice of violation. Sec. 20-46. Abatement by city upon owner's failure to remove or to notify code enforcement officer if unable to remove; Sec. 20-47. Collection arcosts of abatement by city. Sec. 20-48. Littering watercourses or waterways prohibited. Sec. 2049. Removal of debris. ~ . *Cross references-Enforcement of chapter 20 by code enforcement officers, ~ 2-34; littering prohibited, ~ 15.22; littering in parks, ! 17.38. State law reference-Home rule powers, eol. Canst. Art. XX, ~ 6. 1315 e e e SOLID WASTE ARTICLE I. IN GENERAL Sees. 20-1-20-20. Reserved. ARTICLE II. LITTER CONTROL GENERALLY* Sec. 20-21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Garbage means wastes resulting from the han- dling, preparation, cooking and consumption of food, and wastes from the handling, storage and sale of produce. Interpretation means that in the interpretation of the definitions of garbage, trash and junk set forth herein, it is the expressed intent of the city council that these definitions be liberally construed to include like matters, materials, objects or sub- stances, whether or not the same be specifically identified. It is further the expressed legislative intent of the city council that the definitions not be considered mutually exclusive, and that in the interpretation of such definitions, it be recognized that any substance or material or object may con. stitute trash, garbage and junk at the same time. Liberal construction of said definitions is deemed necessary by the city council in order to fulfill the public purpose of this section, which is to ensure that the city is maintained in a clean, healthy and attractive condition by eliminating all out- side storage of garbage, trash and junk, and re- lated matters, objects or materials as set forth herein. Junk means scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other scrap metals and the alloys and bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used uten- sils, used lumber, used boxes or crates (fabricated of' any material), used pipe or pipe fittings, used conduit or conduit fittings, used automobiles in *State law refe~ence-Litteri~g, C.R~S. ~ 18-4-511. ! 20-22 nonoperative condition, used tires and other manu- factured goods that are so worn, deteriorated or obsolete as to make them unusable in their exist- ing condition. Trash means combustible refuse, including but not limited to paper, cartons, boxes, barrels, wood (except stacked firewood and stacked construction material), tree branches, yard trimmings, dead plant material, wood or upholstered furniture, or bedding; or any similar substance or material; noncombustible refuse, including but not limited to metals, tin or aluminum cans, metal furniture, dirt, rock, pieces of concrete, glass, crockery or other minerals or mineral wastes; street rubbish, including but not limited to street sweepings, dirt, leaves, catch-basin dirt and contents of litter reo ceptacles. Provided, however, that such shall not include earth and waste from building construc- tion during the period in which a valid building or dumping permit, issued by the city, is active, nor shall it include solid wastes resulting from industrial processes and manufacturing operations so long as property is zoned for such use and such business is registered with the city, nor shall it include natural products customarily stored in an agricultural zone so long as the property is zoned agricultural and the natural products relate to an agricultural use on the property. (Code 1977, ~ 14-34) Cross reference-Definitions and rules of construction gen- erally, ! 1.2. Sec. 20-22. Violations and penalty. (a) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine pursuant to the following schedule: (1) Upon the first conviction for violation of this article, a fine' of not less than fifty dollars ($50.00), plus court costs. (2) Upon the second conviction of a violation of this article, a-fine of not less than one hun- dred dollars ($100.00), plus court costs. (3) Upon the third conviction of a violation of this article, a fine of not less than two hun- dred dollars ($200.00), plus court costs. 1317 ~ 20-22 WHEAT RIDGE CITY CODE . (4) Upon the fourth conviction or any subse- quent conviction, a fine of not less than three hundred dollars ($300.00) nor more than nine hundred ninety-nine dollars ($999.00), plus court costs. (b) In levying and imposing fines upon convic- tion of any of the sections specified herein, the court shall have no ~authority to reduce or sus- pend all or any portion of the fines specified here- in, it being the expressed intent of the city coun- cil that the fines specified herein be strictly adhered to. (c) In addition to any fines levied hereunder, the court shall impose, as a portion of the costs assessed against a convicted defendant, any costs incurred by the city pursuant to section 20-26. (d) As a portion of any judgment, fine or as- sessment levied upon conviction of a violation of this article the court shall order that the viola- tion resulting in said conviction be abated within a time established by the court, but in no event to exceed forty-five (45) days from the date of convic- tion. Failure to abate within the time so ordered shall constitute contempt of court, and shall be punishable as such. (e) Each day during which any person commits, or allows to remain unabated, any of the actions specified as unlawful in this article shall consti- tute, and be punishable as, a separate offense. (Code 1977, ~ 14-37) Sec. 20-23. Priority on docket. Because the city council deems swift, strict and consistent enforcement of this article a matter of necessity in this city, priority on the docket of the municipal court shall be given to any summons and complaint issued pursuant to this article, or any of the sections specified herein. Continuances of matters scheduled for hearing by the munici- pal court shall be given only upon a showing of good cause of necessity, and neither of such cir- cumstances shall be liberally construed. In no event, however, shall more than one (1) continu- ance be granted or permitted in any matter, and it shall not be a defense to a violation or a miti- gating circumstance that a nuisance or alleged violation has been abated during the pendency, including any continuances, or a case, except as provided in section 20-25, subsection (b) hereof. (Code 1977, ~ 14-37.1) 8ec. 20-24. General prohibitions. It shall be unlawful for any person to: (1) Store upon his property, place upon his prop- erty, or allow to remain on his property any trash or garbage, as described, for a period in excess of ten (10) days (in this and all other sections of this article, the term person shall mean the owner of, or the res- ident of, any parcel of property, as well as any member of the household residing therein); (2) Dump or deposit, or cause to be dumped or deposited, garbage, trash or junk on the property of another, or on any property owned by the city, unless such property is clearly marked and designated as a proper dump or receptacle for the deposit of trash, gar- bage or junk; (3) Place or permit to remain anywhere in the city any garbage or other material subject to decay other than leaves or grass, except in a covered metal or plastic container, or in a sealed plastic bag, awaiting pickup and disposal; (4) Drive or move any truck or other vehicle within this city, unless such vehicle is loaded or covered so as to prevent any load, con- tents or litter from being blown or depos- ited upon any street, alley or other public place; (5) Operate or cause to be operated on any highway or public way in the city, any truck or vehicle transporting garbage, trash or junk, unless such vehicle or truck is fitted with a substantial, tight box or other con- tainer thereon so that no portion of such garbage, trash or junk shall be thrown or fall upon the highway or public way; (6) Cause or permit to accumulate any dust, dirt, ashes or trash, or any such material that can be blown away by the wind any- . e 1318 SOLID WASTE e where in the city except in a covered con- tainer or in a sealed plastic bag awaiting pickup and disposal; (7) Display, or cause or allow to be displayed, upon his property any junk as herein de- fmed, unless the junk is completely shielded and screened from the view of any member of the general public; It (8) Store upon his property (or the property upon which he resides), or to allow to be viewed by the general public, or any mem- ber thereof, goods, materials or substances not otherwise or specifically defined or de- finable as trash, garbage or junk, but which goods, materials or substances are of a type, kind, quantity or description not commonly associated with the zoning classification or permitted use of the property. (9) Deposit household or commercial solid waste in any city-owned solid waste receptacle maintained on a sidewalk, in a public park, or in any other public place. (Code 1977, ~ 14-35; Ord. No. 1989-795, ~ 1,6-1.89) Sec. 20-25. Storage of construction materials. No person shall keep or store any construction materials unless such materials are covered or secured or in some manner protected so as to prevent such materials from being blown, scat- tered about or otherwise moved by wind, water or other natural causes. , (Code 1977, ~ 14-38) Sec. 20.26. Depositing snow or ice. e No person shall deposit or cause any snow or ice to be deposited on or against any fire hydrant or traffic-control device or appurtenance; nor shall any person deposit or cause to be deposited. accu- mulations of snow or ice upon or adjacent to any sidewalk, street or roadway or loading and un- loading area of a public transportation system or any designated emergency access lane, such as may retard or in any way interfere with the safe and orderly flow of pedestrian or vehicular traffic Supp. No.2 ~ 20.27 by obstructing the view of such traffic on inter- secting streets or drives or by any other means, or in any way obstruct or impede street or roadway drainage. (Code 1977, ~ 14-39) Sec. 20-27. Abatement of violations-Authority. (a) Pursuant to the authority granted to code enforcement officers in section 2-34, in the event such a code enforcement officer or other desig- nated agent of the' city, and after investigation and/or upon probable cause, believes that a viola- tion of this article or exists, the code enforcement officer shall be empowered, upon his sole discre. tion, to notify the owner of the property upon which the violation exists of the existence of the violation, such notice to be in writing and to be personally served, or served by certified mail, upon the owner of the property; provided, however, that in the event personal service or service by mail proves unsuccessful after reasonable attempts at such service, authority is hereby granted to effect such notice by posting such notice on the property in question in a conspicuous place. Such notice shall advise the owner of the violation, and shall grant to the owner a specified period of time, to be not less than two (2) nor more than thirty (30) days, in which to abate the violation cited. Such notice shall advise the owner that, in the event the violation is abated within the specified time, no summons or complaint shall be issed and no penalty shall be suffered by owner, but that in the event'the violation is not abated, a summons and complaint shall be issued. In addition, the city shall be authorized to seek from the district court an order authorizing the city to come upon the property for the purpose of removing and/or. cleaning up any garbage, trash, junk, construc. tion materials, or any other material defined in section 20-21 or 20-24 if the existence or main- tenance of the substance' or 'material poses an imminent or immediate threat or danger to the health, safety or welfare of any resident of, or person within, the city. (b) As an alternative to the abatement proce- dure described in the preceding paragraph, au- thority is hereby granted to code enforcement of- ficers in those instances where, in the discretionary opinion of code enforcement officers, issuance of a 1319 ~ 20-27 WHEAT RIDGE CITY CODE notice to abate shall render subsequent service of a summons and complaint difficult or impossible to issue to any person violating, or reasonably believed to be violating, the provisions of section 20-24 a summons and complaint without first hav- ing issued a notice to abate. In furtherance of this city's policy of encouraging compliance with all provisions of this Code, any person issued a sum- mons and complaint pursuant to this paragraph shall be advised in writing by the code enforce- ment officer that, in the event the violation cited in the summons and complaint is abated or cor- rected within ten (10) days from the date of issu- ance of the summons and complaint, dismissal of the summons and complaint shall be sought by the city from the municipal court. (c) Nothing contained in this section shall limit or restrict the right or authority of a code en- forcement officer to issue a summons and com- plaint without right to abate to the owner or resi- dent of property upon which a violation of section ~ 20.24 exists. Any summons and complaint issued for violation of any provision of section 20-24 shall be accompanied by a written notice advising the owner or resident of the property that all viola- tions shall be abated within a specified period of time (to be not less than two (2) nor more than thirty (30) days), and that if not so abated, the city shall be empowered to seek and obtain a court order, based on the grounds described in subsection (a) of this section, authorizing the city to come upon the property for the purpose of abat. ing the violation, cleaning up or removing any garbage, trash, junk, or other material or sub- stance described herein, and that all costs incurred by the city shall be recoverable as specified in section 20-22 and subsection (b) hereof. (d) It is expressly understood that no more than one (1) notice to abate issued pursuant to subsec- tion (a) hereof or one (1) summons and complaint which is dismissable pursuant to subsection (b) shall be issued to any owner or occupant of, or member of a family owning or occupying, any property within the city regarding violation of any provision of section 20-24, ahd that upon a second or subsequent offense, a summons and com- plaint shall be issued directly. (Code 1977, ~ 14-36(a)) Supp. No.2 e Sec. 20-28. Same-Payment of costs. (a) In the event that any trash, garbage or junk of any nature is cleaned up or removed by the city pursuant to section 20-25, the entire cost o.f .such removal, together with ten (10) percent additIOnal cost for inspection and other incidental costs, shall be paid by the person in violation ofthis article. Such costs shall be paid to the city treasurer within thirty (30) days after the city treasurer has mailed notice of the assessment of such costs by regis- tered or certified mail, to the person permitting the illegal keeping or storage of such trash, gar- bage or junk. (b) Failure to pay such assessment within such thirty (30) days shall cause such assessment to become a lien against such lot, block or parcel of land upon which such trash, garbage or junk was improperly stored. Such lien shall have priority over all liens, except general taxes and prior spe- cial assessments. In the event that such costs are not paid within thirty (30) days, as specified in this section, at any time after the expiration of thirty (30) days from the date of mailing by the city treasurer, the mayor or his designated repre- sentative may certify such lien to the county trea- surer to be placed upon the tax list of the current year, and to be collected in the same manner as other taxes are collected, with a ten (10) percent penalty to defray the cost of collection. (Code 1977, ~ 14-36) e Sees. 20-29-20-40. Reserved. ARTICLE III. WATERWAY LITTER CONTROL* Sec. 20-41. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Embankments of lakes, reservoirs and ponds means all land fifty (50) feet from the base of the bank, dam, dike, fill or natural barriers as de- fined in the official maps and plats maintained by the city engineer. e "State law reference-Littering, C.R.S. 9 18.4.511. 1320 e e e SOLID WASTE Lakes, reservoirs and ponds meaDS places where water is collected and/or stored regardless of whether water is currently being collected and/or stored there or not. Streams means all rivers, watercourses, creeks and canals flowing in or through the city, includ- ing, but not limited to, Clear Creek and Rocky Mountain Canal, as such creeks and canals are defined in the official maps of the city engineer. Stream embankments means all publicly and privately owned land included within one hun- dred filly (150) feet of the centerline of Clear Creek, as defined in the official maps and plats main- tained by the city engineer; and publicly- and privately-owned land included within fifty (50) feet of the centerline of all creeks, canals and watercourses, as defined in the official maps and plats maintained by the city engineer. Watercourses means all ditches, laterals and gullies within the city, as defined in the official maps and plats maintained by the city engineer, and including, but not limited to, Lena Gulch, Reno Ditch, Swadley Ditch, Slough Ditch and North Henry Lee Lateral. (Code 1977, ~ 9-3) Cross reference-Definitions and rules of construction gen- erally, ~ 1.2. Sec. 20-42. Purpose. The purpose of this article is to prolllote the health, safety and welfare of the citizens of the city by prohibiting Jittering on public and private property in the vicinity of any and all watercourses and canals and embankments and water storage areas, either natural or manmade, throughout the city and declaring the same to be a nuisance. (Code 1977, ~ 9-2) Sec. 20-43. Penalty. Any person violating any provision of this arti- cle shall be subject to the penalties of section 20-22 of this Code; provided, however, that noth- ing contained in this section or section 20-22 shall impair the ability of the city to enforce the other remedial provisions as provided in this article. (Code 1977, ~ 9-1; Ord. No. 1989-793, ~ 2, 6-1-89) Supp. No.2 i 20-47 Sec. 20-44. Presumption as to operator of motor vehicle. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this article, the operator of such motor vehicle shall be presumed to have caused or permitted such litter, to have been so thrown, deposited, dropped, or dumped therefrom. (Code 1977, ~ 9-5) Sec. 20-45. Notice of violation. The code enforcement officer shall post proper- ties in violation of this article. Such posting of notice shall be dated and signed by the code en- forcement officer and shall include a statement directing that the failure to remove debris and material within seventy-two (72) hours will result in the code enforcement officer directing such de- bris and material removed and the cost plus five (5) percent to be charged to the owner, tenant, or agent in charge of the property. (Code 1977, ~ 9-6.1) Sec. 20-46. Abatement by city upon owner's failure to remove or to notify code enforcement officer if unable to remove. If any owner, tenant or agent in charge shall fail to remove debris and material or notify the code enforcement officer of the existence and 10' cation of debris and material not capable of re- moval by the owner, tenant or agent in charge, as required by section 20-49, within seventy-two (72) hours of being notified in writing to do so by the code enforcement officer, the code et1forcement officer may direct the debris and material be re- moved and charge the cost thereof to such owner, tenant or agent in charge, together with five (5) percent additional for inspection and other incidentals. (Code 1977, ~ 9-6.2) Sec. 20-47. Collection of costs of abatement by city. (a) In the event the debris and material are removed by order of the mayor or his designated representative, the whole cost of removal of such debris and material, together with five (5) percent 1321