refuse, paper, rags, cartons, boxes, wood excelsior, furniture, bedding, rubber, plastics, leather, tree branches, lawn trimmings, and the like.

Transcription

1 o» ORDINANCE NO 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 Mnicipal Code entitled "Garbage Collection" is amended as follows: Applicability: This chapter shall apply to allterritory embraced withinthe corporate limitsof the City and the area of police jrisdiction thereof Intent: The maintenance of health and sanitation reqire, and it is the intention of this chapter to make, the collection, removal, and disposal of garbage, refse and dead animals within the City complsory. However, collection service is not reqired when written notice has been given the City reqesting a cessation of service where a bilding, whether commercial or residential, is vacant or if a bilding is sed for storage or similartype se and has no living qarters, no office facilities, per se, or ifthe bsiness occpying the bilding is closed forbsiness and no garbage, rbbish, refse, solid waste, or other waste material is prodced Definitions: The following words and phrases shall apply in this chapter: 1. "Agricltral Waste" means all solidwaste generated by the growing, washing, or preparation for marketing of agricltral prodcts, withot cooking, blanching, or other processing. <o 2. "Ashes" means solid waste prodcts of coal, wood, or other fels sed for heating and cooking, from all pblic and private establishments and from all residences. 3. "Can" means a receptacle between fifteen (15) and thirty-two (32) gallon capacity which is designed for garbage collection. It shall be strong, not easilycorrodible, rodent-proof, insect proof and shall have two handles attached for easy handling. It shall also be tapered from top to bottom so that contents natrally empty when inverted. There shall be an additional charge for any cans collected. 4. "Cart" means a ninety-six (96) gallon or less receptacle frnished by the City to be sed for disposal of garbage that is designed for handling by an atomated collection vehicle. Said carts shall be the only residential receptacles collected dring weekly pickp withot there being a charge for additional service. 5. "Collectorof Refse" meansthe individal, firm, association, copartnership, corporation, orany other entity whatsoever, inclding the City of Moses Lake which collects the garbage, rbbish, refse, solid waste, or other waste materialin the Cityof Moses Lake nder any arrangement whatsoever. 6. "Combstible Rbbish" or "Brnable Material" means, in general, the organiccomponent of refse, paper, rags, cartons, boxes, wood excelsior, frnitre, bedding, rbber, plastics, leather, tree branches, lawn trimmings, and the like. U 7. "Commercial Refse" means all solid wastes which originate in bsinesses, office bildings, stores, markets, theaters, and other bildings. The point at which any of the refse becomes solid waste and is the responsibility of the City garbagecontractor shall be determined by the Utility Service Spervisor of the City.

2 PAGE 2 November 11, "Compactor" means a container with a device which compresses the loaded material. f\ 9. "Compactor Collection Trck" means an enclosed vehicle provided with special mechanical devices for loading the refse into the main compartment of the body, for compressing the loaded materials, and for distribting the refse within the body. 10. "Constrction and Demolition Wastes" means bilding materials and rbble reslting from constrction, remodeling, repair and demolition operations on hoses, commercial bildings, pavements, and other strctres. 11. "Containers" means small receptacles (one- to ten-cbic yard capacity) that can be emptied by compactor collection trcks on site. 12. "Disposal Site" means the location where any treatment, tilization processing or deposition of solid waste occrs. 13. "Drop Box Site" means a loading site where small loads of solid waste are dmped into a large container for transport to a processing and/or disposal site. 14. "Fnctional Standards" means the criteria for solid waste handling expressed in terms of expected performance. 15. "Garbage" means all ptrescible material inclding all ptrescible animal and vegetable wastes reslting from the handling, preparation, cooking, and consmption of food; swill and carcasses of dead animals, except sewage, sewage sldge and hman body wastes. 16. "Grondwater" means water in the grond that is in the zone of satration. 17. "HazardosWastes" means dangeroswastes reqiring special handling inclding, btis not limited to, explosives, pathological wastes, radioactive materials and chemicals. n 18. "Indstrial Solid Waste" means all solid wastes which reslt from indstrial processes and manfactring operations schas factories, processing plants, repair and cleaning establish ments, refineries and rendering plants. 19. "Instittional Solid Waste" means solid waste generated by hospitals, nrsing homes, schools, prisons, reformatories, or other bildings hosing an organization having social, edcational, or religios prpose. 20. "Jrisdictional Health Department" means Grant Conty Health District. 21. "Landfill" means the solid waste disposal process sing land for the final disposal site. 22. "Noncombstible Rbbish" means material that is nbrnable at ordinary incinerator temperatres (one thosand three hndred to two thosand degrees Fahrenheit). For the most part, it is the inorganic component of refse, sch as tin cans, heavy metal, mineral matter, glass, crockery, dst, metal frnitre, ashes, and the like. 23. "Offal" means intestine and discarded parts from the slaghter of animals. 24. "On-Site Disposal" incldes all means of disposal or, more sally, volme redction, of refse on premises before collection. Examples are garbage grinding, brning or incineration, brial, compaction or slrring at homes and commercial establishments. 26. "Open Brning" means the brning of solid wastes in an open area or brning of solid wastes ( A in a type of chamber or vessel which is not approved in reglations.

3 PAGE 3 November 11, 2014 ^J 26. "Open Dmping" means the depositing of solid wastes into a body or stream of water, or onto the srface of the grond withot compacting the wastes and covering with sitable material to a sitable depth that wold prevent vector nisance and polltion problems. 27. "Pathogen" means any infective agent capable of prodcing disease; it may be a virs, rickettsia, bacteria, protozoan, etc. 28. "Person" means an individal, firm, association, copartnership, political sbdivision, government agency, mnicipality, indstry, pblic or private corporation, or any other entity whatsoever. 29. "Polltion" means the presence in the environment or portion of the environment of contaminating sbstances, materials, forms of animals or plant life in sfficient qantities and of sch characteristics and dration, as is or is likelyto be, injriosto hmans, to other plant or animal life, or property, orwhich nreasonably interferes with enjoyment of lifeand property. 30. "Processing of Waste" means the operation of solid waste which converts a waste into something sefl, leaving the term "handling" to describe what is done to prepare it for disposal. 31. "Pll-on Container" means a detachable container system in which a large container (arond twenty to fifty cbic yards) is plled onto service vehicle mechanically and carried to disposal site for emptying. Kj 32. "Ptrescible" means capable of being decomposed by micro-organisms withsfficient rapidity as to case nisances from odors, gases, etc. Kitchen wastes, offal, and dead animals are examples of ptrescible components of solid waste. 33. "Refse" means "Solid Waste" as defined in sbsection 41 of this section. 34. "Refse Fill" means "Landfill" as defined in sbsection 21 of this section. 35. "Rendering" means a process of salvaging fats and oils, animal feed and other prodcts from animal waste by cooking. Dead animals, fish and wastes from slaghterhoses and btcher shops are commonly sed. 36. "Rbbish" means all discarded nonptrescible solid waste except ashes, inclding paper, cardboard, tin cans, wood, glass, bedding, yard clippings, etc. 37. "Salvage" means reclaimable solid waste sch as paper, metal, bottles, orotherobjectssaved for the prpose of sale or other se not prohibited by law, rle, or reglation. 38. "Sanitary Landfill" means a method of disposing of refse on land withot creating nisances or hazards to pblic health or safety, by tilizing the principles of engineering to confine the refse to the smallest practical area, to redce itto the smallest practical volme, and to cover it with a layer of earth at the conclsion of each day's operation or at sch more freqent intervals as may be necessary. 39. "Scavenging" means the ncontrolled picking of materials. U 40. "Solid Waste" means all ptrescibleand nonptrescible solidand semisolid wastes, inclding garbage, rbbish, ashes, indstrial wastes, demolition and constrction wastes abandoned vehicles or parts thereof, discarded home and indstrial appliances, manre, vegetable or animal solid and semisolid wastes and other discarded material. The point at which any of the above becomes solid waste and is the responsibility of the City garbage contractor shall be determined by the Utility Service Spervisor of the City. 41. "Solid Waste Disposal" means final disposition of solid waste by acceptable means.

4 PAGE 4 November 11, "Solid Waste Handling" means the storage, collection, transportation, treatment, tilization, ^"\ processing, and final disposal of solid wastes. 43. "Special Wastes" means wastes difficlt or nsal in the characteristics of qantities or composition to handle. 44. "Street Refse" means material picked p by manal and mechanical sweeping of streets and sidewalks, litter from pblic litter receptacles, and dirt removed from catch basins. 45. "Srface Water" means a body of water whose top srface is exposed to the atmosphere inclding a flowing body as well as a pond or lake. 46. "Swill" means the semi-liqid 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 "Rbbish", as defined in sbsection 36 of this section. 49. "Unsanitary Condition" means any sitation which negatively effects the health and general welfare of hmans or is of sch a character so as to be likely to be injrios to hmans, plant or animal life, or property, or which nreasonably interferes with the enjoyment of life or property. 50. "Utility Service Spervisor" means the City official or employee of the City delegated and athorized to administer this chapter. 51. "Vacant" means not lived in or occpied. /""^ 52. "Vector" (of disease) means a living insect or other arthropod, or animal (not hman), which transmits infectios diseases from one person or animal to another. 53. "Waste" means seless, nsed, nwanted, or discarded materials. Waste incldes solids, liqids, and gases. The gases are principally indstrial fmes and smoke; the liqids consist mainly of sewage and the flid part of indstrial wastes, the solids are classed as refse or solid wastes City Sanitary Division: A. For the prpose 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 athorized and may appoint a sitable and qalified person as Utility Service Spervisor and this person shall have fll charge and control of all the work provided for and contemplated nderthis chapterand as may be provided for by rles and reglations sbseqently adopted. The Utility Service Spervisor shall also have charge of all collections and the enforcement of all charges for services rendered. In the absence of the appointment of a Utility Service Spervisor, the City Manager may designate an individal employed by the City or a City department to perform the fnctions of a Utility Service Spervisor Sanitation Fnd: There is created and established a special fnd known and designated as the Sanitation Fnd, into which all sms collected nder this chapter shall be deposited and kept by the Treasrer ofthe City and from which all expenses ofthe administration and operation ofthis /<^ chapter shall be paid. f A

5 PAGE 5 November 11, Collection - Contract: A. The City Concil may athorize the entering into of a contract with a contractor or contractors for the collection, removal, and disposal of all garbage, rbbish, refse, solid waste, or other waste material; provided, however, that the City Concil may, at its option, athorize the City of Moses Lake to handle the collection, removal, and disposal of garbage, rbbish, refse, 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 Concil, is responsible and qalified to perform the dties reqired nder a contract for solid waste collection. Sch contract shall be made at least every ten (10) years or more freqently if desired. The contractor may be reqired, at the discretion of the City, to frnish a corporate srety bond to the City in a sm set nder the contract, conditioned pon the faithfl performance of his contract and in compliance with all ordinances of the City and all rles, reglations, laws, and stattes relating to his bsiness inclding the provisions of this chapter and in addition provide for payment to all laborers, mechanics, and sbcontractors and materialmen, and all persons who shall spply sch contractor with provisions and spplies for carrying on sch work. C. Any contract with the contractor may be terminated by the City at any time for case, or for failre to comply with the terms of the contract with the City or the provisions of this chapter and reasonablereglations imposed prsantthereto. Inany conflictsbetweenthis ordinance and the contract, the contract shall prevail Container Reglations: ^J A. It shall be the dty of every person in possession, charge or in control of any dwelling, flat, roominghose, apartment hose, or eating place or in possession, charge, or control of any shop, place of bsiness, or manfactring establishment at all times, to keep or case to be kept, portable containers, carts, or garbage cans of approved size, type, and constrction, and to deposit or case to be deposited the refse therein. B. Refse or garbage containers shall not be filled with liqid or semi-liqid wastes. Sch containers, carts, and cans shall be kept in a sanitary condition with the otside thereof clean and free from accmlative grease and decomposing material. Ptrescible waste shall be placed in sealed bags priorto being placed in a cart, container, or can. C. For residential service every cart on the day designated for collection, shall be placed within five feet (5') ofthe traveled right-of-way and atleast five feet (5') from any obstrction with the front facing the street or alley. Where alley access is available, meaning that the alley has sfficient height and width clearances forthe collector of refse's eqipment to negotiate the alley withot interference, all containers shall be placed at the alley line. Where no alley access is available, all containers shall be placed at the crb line on the day designated for collection and on all other days shall be removed from street view. For commercial service, acconts shall have their containers placed on a solid srface in a location accessible to the collectorof garbage and refse withot its having to move the container p grades. Safety and maneverabilityof the collectorof refse's vehicles shall be prime considerations, bt not the only considerations, in determining accessibility. The Utility Service Spervisor, after conslting with the property owner if reqired, shall be the determiner of accessibility after conferring with the collector of garbage and refse. Ifthere is a dispte between the Utility Service Spervisor and the collector of garbage and refse as to accessibility, the City Manager shall make the determination as to whether a location is accessible. The decision of the City Manager shall be final. Provided there is access to the container, the collectorof garbage and refse shall pick p all commercial acconts where the container is located whether the location is on private or pblicly owned property. D. Each container, cart, or can shall be kept clean inside and ot so that no odor nisance shall exist. It shall be the responsibility of the person sing any container, cart, or can to keep them clean nless this responsibility is altered by contract between the City and the collector of garbage and refse. In sch a sitation, the contract shall control. The area arond the

6 PAGE 6 November 11,2014 containers shall be kept in aneat and sanitary condition. The Utility Service Spervisor may ^""\ place tags on garbage containers fond to be in violation ofthis sbsection and notify the ) propertyowner when the areas arond the container are not being kept in a neat and sanitary condition. Alltags and notifications shall be dated and signed by the Utility Service Spervisor. Two (2) or more violations of this provision of this section shall sbject the person responsible to the penalties described in Chapter 1.08 of this code. E. Those containers or cans fond to be defective or illegal (defective bottoms, crshed so that lids will not fit, fifty-five (55) gallon barrels, waste baskets, paper drms, etc.) or any other containers that are fond to be illegal shall be sbject to imponding and/or disposal. If a container received two (2) violations within a thirty (30) day period, the Utility Service Spervisor of the City may athorize its destrction or impondment. 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 impondment of an illegal container shall not relieve the owner from compliance with reglations in this chapter. F. No garbage or refse cart, can, or container shall contain earth, rocks, or heavy refse. Any cart, can or container reqiring a person to lift it shall not exceed fifty (50) ponds in total weight of container and refse. G. Cstomers mst restrain vicios dogs beyond reach of the garbage containers, carts, or cans and prevent any interference with the pickp person on this accont. H. Large, sitable containers for collection of garbage and refse may, with the approval of the Utility Service Spervisor, be sed in the bsiness and commercial zones. Sch containers shall be spplied by the collector ofgarbage and refse if the collector ofgarbage and refse is so reqired by hiscontract with the City, however, that does not preclde any person from owning their own container(s) if they so desire. /"A ' I. Compactors for indstrial and commercial sers shall be designed to be compatible with local sanitation transportation eqipment. The Utility Service Spervisor shall approve all compactors sed for commercial or indstrial ses. J. All carts, cans, containers, or compactors, shall comply with the Consmer Prodcts Safety Commission laws and reglations. Itshall be the responsibility of the accont holder assigned any container, or compactor to load itso that itcan be legally haled on pblic highways by the contractor of garbage and refse. Containers shall not be loaded heavier than five hndred (500) ponds gross per cbic yard ofcapacity and in no event more than two thosand (2,000) ponds. K. It shall be the dty of every person in possession, charge, or control of any dead animal or pon whose premises the same may be located, to forthwith case the same to be removed and disposed of. L. No person shall place their garbage, rbbish, refse, solid waste, or other waste material in the container or garbage can of another. M. Containers designated for residential se may not be sed for any commercial prpose except as may be allowed by this chapter. N. It shall be the responsibility of each accont holder or cstomer to manage the carts nder their cstody and control. The repair or replacement ofall carts damaged, destroyed, stolen, or lost as areslt of the negligence of the accont holder or cstomer shall be billed to the C \ accont holder or cstomer. ^-^?*v

7 PAGE 7 November 11, Unlawfl Disposal - Permits - Compost: A. It is nlawfl for any person to brn, dmp, collect, remove, or in any other manner, dispose of garbage, rbbish, refse, solid waste, other waste material, or swill pon any streets, alleys, pblic place or private property within the City otherwise than as provided in this chapter. B. No person shall maintain on his premises in any residential zone in the City any receptacle for otdoor brning of waste paper, boxes, rbbish, paper, or cardboard. Persons in any zone may brn brsh, leaves, grass, wood, limbs, weeds, or othervegetable type matter in the open or in a receptacle so long as an open brning permit is obtained from the Moses Lake Fire Department and all other local, state and federal laws are observed. In commercial and indstrial zones incinerators may be constrcted in accordance with standards set by the Bilding Official as administered nder controls of the State Bilding Code. C. No compost pile shall be kept or maintained nless sfficient appropriate material or sbstance, approved by the Utility Service Spervisor, is sed to prevent the presence of flies, insects, bgs, rodents, or other pests or menaces to pblic health and welfare Collection Freoencv: The collector of garbage and refse shall collect, remove, and dispose of all garbage and refse in the residential sections of the City at least once each week, and in the bsiness and commercial zones of the City as reqired Ownership of Collected Waste: The collector of garbage and refse shall have titleto allgarbage, rbbish, refse, solid waste, and other waste material after the material has been collected by the collector of garbage and refse. ^J Separation of Garbage: The City reserves the right to and may have the option to reqire the separation of paper or swill or other component parts of refse, and may reqire the deposit thereof in separate cans or receptacles and may prescribe the method of disposal thereof Impermissible Actions: Itis nlawfl forany person, firm, or corporationto deposit, throw, or place swill or other refse matter in a lane, alley, street, or other pblic place, or to deposit, throw, or place any swill pon any property, regardless of ownership, nless the swill is enclosed invessels ortanks of type approved by the Utility Service Spervisor, and which are perfectly watertight and have tightly fitting covers, which covers shall not be removed, except when absoltelynecessary for the depositing and removal of swill. Sch vessels or tanks shall be kept in the rear of the premises or in the basement, or other place athorized by the Utility Service Spervisor, so as to be readily accessible for collection and shall not be kept pon the street, alley, or sidewalk or pblic place. All sch tanks orvessels shall be promptly delivered to the collector when called for and shall be retrned by him withot nnecessary delay, and no person, except for the prpose of collection nder license, shall in any manner interfere with the vessels or tanks or with contents thereof. Swill, offal, and other liqid or semi-liqid waste may not be placed in dmpsters or containers handled by the collectorof refse withot permission of the collectorof garbage and the Utility Service Spervisor Hazardos Waste: Hazardos waste shall not be the responsibility of the collector of garbage and refse and shall be disposed of in accordance with all local, state, and federal lawdirectly by the person prodcing sch waste. Whether waste is considered hazardos waste is the decision of the Utility Service Spervisor and his decision is final Disposal of Garbage and Other Refse: All disposal of refse shall be by sanitary fill method or methods specifically approved by the state Department of Health; provided, that the method or methods shall inclde the maximm practicable rodent, insect, and nisance control at the place of disposal; and, provided frther, that animal offaland carcasses of dead animals shallbe bried or cremated as directed by the Utility Service Spervisor or shall be rendered at forty (40) ponds per sqare inch steam pressre or higher, or heated by eqivalent cooking.

8 PAGE 8 November 11, Billing -Service Charges: ^\ A. The City shall perform all billing of cstomers, 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 payment to the contractor ofany bills dispted by a cstomer for any reason ntil the dispte is resolved. B. Charges forrefse collectionand disposal maybe billed inconjnction and simltaneoslywith statements issed by the City forwater and sewer service, ifany, nless the owner of 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 mst execte a form provided for by the City of Moses Lake indicating his desires. The form shall contain, at a minimm, the ownerof the real estate's name and address, the address to which he wishes the billsent, and a statement that ifthe person at the address to which the bill is sent moves and leaves an npaid balance, the owner of the real estate recognizes his responsibility for the bill. If garbage charges become delinqent they may be transferred to and added to the water accont at the same property, if a water accont exists. However, the form of billing shall be at the City's discretion. If charges for refse collection and disposal are billed in conjnction and simltaneos with statements issed by the City for water and sewer charges, all payments received from a cstomer shall be credited first to past de garbage charges, then the remainder, if there be any, first to past de sewer charges then to past de water charges. Payments on crrent acconts 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 of the real estate first mst execte awaiver form provided for by the City of Moses Lake. The form shall contain, at aminimm, theowner ofthereal estate's name and address, the address to which hewishes thebill sent, and a statement that ifthe person at the address to which the billis sent moves and leaves an npaid balance, the owner of the real estate recognizes his responsibility for the bill. Z^^) ' D. The charges or acconts shall be paid at the Civic Center thirty (30) days after the date of billing, and if not paid, shall become delinqent on the thirty-first (31s)t day after the date of billing. Service may be sspended for nonpayment of sch acconts. Sch sspension shall not relieve the person owing sch accont from the dty of complying with the provisions of this chapter. Sch sspension shall render the premises where sch service is sspended, sbject to condemnation for sanitary reasons. E. Upon failre to pay the charges for garbage collection and disposal, the amont thereof shall become a lien against the real estate as provided for by law. F. New garbage acconts, changes of occpant, and changes in garbage service shall be sbmitted on forms prescribed by the City's Finance Department. G. The service charge to establish a new garbage accont or to change the occpant shall be the same as , Sbsection C. Only one service charge shall be imposed if the accont incldes joint charging for water, sewer, garbage service, or any combination thereof. H. A delinqent service charge shall apply to each garbage accont to be the same as , Sbsection B. Only one delinqent service charge shall be imposed if the accont incldes joint charging for water, sewer, garbage service, or any combination thereof. I. Property served by more than one accont mst keep all acconts crrent. Any charges for garbage service which are billed on acconts separate from the water accont may be /^-N^ { ) transferred to the water accont at the same property if the garbage accont becomes delinqent.

9 PAGE 9 November 11, Utility Tax Passthrooh: A. Section provides in partfor the collectionof a tility tax pon every.person, inclding the City, who engages in or carries on the bsiness of selling or frnishing sanitation or garbage facilities and/or service for domestic or indstrial se. As a resltof the operation of the City sanitary division, the City is sbject to the tility tax imposed by Section B. The City is athorized to collect the percentage of gross income portion of the tility tax imposed by Section from the sers of the City's sanitary services by inclding on each ser's billing the sm the Citywold be liable to pay as a tility tax on that basis Fee Schedle: Commencing with billing dates after April 1,1993, except as otherwise provided, services and charges for garbage collection shall be as follows (The garbage service description in effect at the time the garbage bill is prepared shall be printed on the tility bill for each accont with garbage service.): ^J A. Residential Rates: Reglar service at the crb or alley for collection of one ninety-six (96) gallon or less cartonce perweek shall be as set forth on Schedle A adopted in conjnction with this ordinance and attached hereto. Rates shall be prorated for service of less than one (1) monthwith charges being assessed on a perday basis. Additional items shallbe collected for the fee as set forth in Schedle A adopted in conjnction with this ordinance. The charge as set forth in Schedle A per bag, bndle, or box shall be paid in cash in advance at the Moses Lake Finance Department with the prchase of a copon which will be attachable and attached to the extra item. Service fees for dplexes shall be in accordance with the service fees as shown on Schedle A adopted in conjnction with this ordinance which will be fond on file in the office ofthe Finance Director. Service fees for condominims shall be the same as the rate for reglar residential service and shall be effective with billing dates after April 1, 1993 or as in the ftre revised by indexing. Residential rates may apply to mobile home parks and planned nit developments (PUDs). B. Commercial Rates: Service fees for, inclding bt not limited to apartments, motels, planned nit developments, and mobile home parks shall be in accordance with the service fees as shown in Schedle A adopted in conjnction with this ordinance which will be fond on file in the Office of the Finance Director, except as modified by 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 cstomers shall be arranged with the garbage contractor and paid to the City at the rates for special garbage service in accordance with Schedle A adopted in conjnction with this ordinance which will be fond on file in the Office of the Finance Director. D. Drop Boxes and Compactor Rates: Ifdrop box and compactor rates, other than 1 x month or 1 x month together with extra pickp rates, are sed; the rates are for an annal basis not to be adjsted seasonally. Compensation for nsed pickps, if any, are inclded in a redced rate. Extra pickps when applicable may be sed with any service rate. Contractor will be paid a minimm of one (1) time per month service for drop boxes and compactors which shall inclde one (1) pickp per month then the contractor shall be paid for additional actal pickps Administration: The garbage contractor shall sbmit allcharges for special garbage service and all drop box and compactor pickps on forms prescribed by the City's Finance Department. A. If a home occpation is carried on in a residential zone as allowed by the Commnity Development Director or other similar position or designee nder the Moses Lake Mnicipal Code, the resident shall pay only for residential service so long as there is never more than one (1) cart per week pt ot for collection. Inthe event a dispte arises over whether a home occpation shold be reqired to pay residential or commercial rates, the Utility Service Spervisor shall make the determination as to what service is being sed or shold be sed

10 PAGE 10 November 11, 2014 and therefor what service is to be charged. The decision of the Utility Service Spervisor shall be final. " B. Ifa commercial bilding with a single entrance, exclsive of fire exits, has mltiple 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 pon notifying the Cityof Moses Lake on a form provided by the City can reqire the tenants to pay for individal 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 assme responsibility for the debt and agree to pay the same. C. Iftwo (2) or more types of service are available to a garbage accont, both which adeqately and satisfactorily serve the accont, the owner of the real estate or the party receiving the service, depending pon the circmstances, shall have the option of selecting the service he wishes to receive so long as no nsanitary condition is created as a reslt of the service selection of the owner of the real estate or the party receiving the service. Ifa dispte arises between the owner of the real estate or the party receiving the service and the collector of refse concerning the type of collection service an accont shold be receiving, the Utility Service Spervisor shall make the determination as to what type of service is to be charged. The decision of the Utility Service Spervisor is final. D. The type of service to be tilized by commercial acconts and the attendant fee shall be agreed pon by the owner of the real estate served or the party receiving the service, depending pon the circmstances. Ifa dispte arises between the owner of the real estate or the party receiving the service and the collector of refse concerning the type of collection service an accont shold be receiving, the Utility Service Spervisor shall make the determination as to what type of service is to be charged. The decision of the Utility Service Spervisor shall be final. E. The monthly rates established in Schedle A are all inclsive and intended as annal rates for residents and bsinesses desiring long term service of at least one (1) year. Residents or bsinesses wanting temporary service will be reqired to pay individal charges for container delivery, dmping, and pickp per Schedle A. n F. The City shall have the power, from time to time, by resoltion or after City Concil consideration by motion dly made and passed, to set forth and determine additional rles and reglations and other matters as may be necessary in the discretion of the City Concil for the proper exection of this chapter Violation Enforcement: The Utility Service Spervisor shall enforce this chapter and enforce its provisions sing 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 pblication of its smmary as provided by law. Adopted by the City Concil and signed by its Mayor on November 11, ATTEST: Dick Deane, Mayor APPROVED AS TO FORM: fierine L. Kenison, City'AttQTney