Published by Municipal Code Corporation

ORDINANCE NO. 1533

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF GRAND JUNCTION TO CHANGE THE GARBAGE AND TRASH REMOVAL RATES AND PROVIDE FOR A DIFFERENT CONTROLLING AGENCY.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

That the following sections of Chapter 14 of the Code of Ordinances of the City of Grand Junction be amended to read as follows:

Sec. 14-3. WHO MAY COLLECT, DISPOSE OF RUBBISH.

All refuse accumulated in the city shall be collected, conveyed and disposed of by the city, its contractors, or city licensed operators. No other person shall collect, convey over any of the streets or alleys of the city, or dispose of, any refuse accumulated in the city. Provided, however, this chapter shall not prohibit the actual producer of refuse, or the owner of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, provided such refuse is of a nature not normally collectible by the city or is additional to the amount normally collected from the producer under the rates and schedules established by the city for the particular producer and the city has authorized the disposal of such excess, and provided further that such producer or owner shall comply with the provisions of this chapter and with any other governing law or ordinance. Such hauling shall not affect the obligation of such producer or owner to pay the charges set forth in accordance with Section 14-12.

Sec. 14-4. SUPERVISION OF COLLECTION; REGULATING AUTHORIZED.

All refuse accumulated in the city shall be collected, conveyed and disposed of by the city under the supervision of the sanitation division. The sanitation division shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal as it shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.

Sec. 14-5. LICENSING PROCEDURE; FEE.

Licenses referred to hereunder shall be granted in accordance with Chapter 17, Article I of this Code and under regulations established by the City. Such license shall be issued upon payment of a license fee of twenty-five dollars ($25.00), which fee shall be for the calendar year, or portion thereof, and shall be revocable upon violation of any regulation established by the City.

Sec. 14-9. APPEALS FROM THE SANITATION DIVISION.

Any person aggrieved by the regulation of, or fee charged by, the sanitation department shall have the right of appeal to the city manager who shall have the authority to confirm, modify or revoke any such regulation or fee.

Sec. 14-10. PRECOLLECTION PRACTICES.

(B) REFUSE CONTAINERS:

(2) Duty to Provide and Maintain in Sanitary Condition.

Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The city shall have the authority to refuse collection services for failure to comply herewith.

Sec. 14-10. PRECOLLECTION PRACTICES.

(C) STORING OF REFUSE:

(1) Public Places. No person shall place any refuse in any street, alley, or other public place, or upon any private property whether owned by such person or not, within the city, except in proper containers for collection or under express approval granted by the city. No person shall throw or deposit any refuse in any stream or other body of water.

Sec. 14-11. COLLECTION PRACTICES.

(A) LIMITATION ON QUANTITY.

(1) Residential. The city shall collect a reasonable accumulation of refuse of each family during the collection period for the standard charge.

(2) Commercial. The city shall collect a reasonable accumulation of refuse of hotels, restaurants and other businesses and institutions during the collection period at a fair charge based upon the average weight, volume and frequency of collection. The city shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts.

Sec. 14-11. COLLECTION PRACTICES.

(C) COLLECTION BY ACTUAL PRODUCERS AND OUTSIDE COLLECTORS

(3) RULES AND REGULATIONS. The City shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling of refuse over the city streets by outside collectors as it shall find necessary, subject to the right of appeal as set forth in section 14-9 hereof.

Sec. 14-12. FEES - EFFECTIVE DECEMBER 1, 1974.

(A) COLLECTION AT GROUND LEVEL AND WITHIN TEN FEET. The fees for collection and disposal of refuse placed for collection at ground level and not more than ten feet distant from the curb of the street or side of the alley from which collection is made shall be at the following monthly rates, collected monthly with the water bill as follows:

(1) Residential Rate. Includes all residential uses and "community facilities, non-commercial" as defined in the current city zoning ordinance.

(a) Single family dwellings: $2.54 per month for weekly collection of all refuse.

(b) Double or multi-family dwellings: The following monthly rates shall apply for weekly collection of all refuse at a single pickup point for each building:

2 units $4.10

3 units 5.66

4 units 7.22

each additional unit 1.55

In instances where multi-family residential uses have five or more units, owners may elect to be charged according to the commercial rate as set forth in paragraph (A)(2)(a) of this section.

(2) Commercial Rate. Includes all assembly, institutional business and commercial uses.

(a) The minimum charge shall be $3.51 per month which shall provide weekly collection of up to 155 gallons of refuse. Rates for increased frequency of collection based on the equivalent of five (5) thirty one (31) gallon containers (155 gallons) per pick up shall be:

One a week service $3.51

Twice a week service 6.11

Three times a week service 8.71

Four times a week service 11.31

Five times a week service 13.91

Six times a week service 16.51

For each additional thirty one (31) gallons per pickup, or part thereof an additional charge of sixty-five cents ($0.65) shall be added to the monthly rate.

(b) Service for supermarkets and other large volume producers, in trailers and chutes shall be at the rate of seventy-eight cents ($0.78) per cubic yard per pickup.

(c) Service for restaurants, cafes, cocktail lounges, etc. (all "restaurant business limited" uses as defined in the current zoning ordinance) shall be provided at the standard commercial rate as set forth in Section 14-12A(2).

(d) The monthly rental and service charge for the collection of sanitation tanks shall be as follows:

TANK SIZE IN CUBIC YARDS

1. The monthly service charge for handling compacted material placed in tanks, from stationary compactors shall be at 300% of the standard tank rate.

2. The monthly service charge for handling and servicing portable compactors shall be based on the capacity of the unit and shall be at 300% of the comparable tank rate.

(3) Industrial Rate. Includes all industry uses as defined in the current city zoning ordinance.

(a) The minimum charge shall be $5.20 per month which shall provide weekly collection of up to 155 gallons of refuse not to exceed 250 pounds in weight.

(b) Additional service by frequency or volume may be provided individual industrial users on a cost basis determined upon consideration of the frequency, volume weight, loading out difficulty, and nature of material to be disposed of.

(B) COLLECTION AT OTHER THAN GROUND LEVEL OR MORE THAN 10 FEET. Where the collection of refuse from other than ground level or from more than ten feet from the curb of the street or side of the alley is accepted by the city, the fee shall be that of paragraph (A)(2)(a) above, plus a fee set out by the sanitation division subject to appeal to the city manager which shall be deemed by him to cover the cost of the extra service rendered.

(C) DELINQUENT ACCOUNTS. All accounts shall be considered delinquent if not paid within forty five days after the date of billing and if not paid within that time shall become delinquent, and the service shall be shut off without notice unless otherwise resumed thereafter only on payment of the accumulated fees for the period of collection and the period of noncollection plus two dollars ($2.00) unless the city manager specifically directs otherwise; provided further that the water service may be discontinued to enforce collection of delinquent accounts hereunder in addition to any other remedy provided. The stoppage of services hereinbefore authorized for nonpayment of collection charges shall be in addition to the right of the city to proceed for collection of such unpaid charges in the manner provided by law for the collection of a municipal claim.

(D) USE OF LANDFILL. Any person having the permission of the sanitation division to use the city landfill for the disposal of refuse shall pay a fee fixed by the sanitation division subject to the right of appeal to the city manager. Such fee shall be based on the cost of disposal.

PASSED and ADOPTED this 4th day of December, 1974.

Elvin G. Tufly

____________________

President Pro Tem of the Council

ATTEST:

Neva B. Lockhart

____________________

City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 1533, was introduced, read and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 13th day of November, 1974 and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City, at least ten days before its final passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City, this 5th day of December, 1974.

Neva B. Lockhart

____________________

City Clerk

Pub 11-19-74

Final pub 12-6-74

Effective date: Jan. 6, 1975