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Home My WebLink About2017-3866 - Ordinance - 03/23/2017 ORDINANCE NO. 2017-3866 AN ORDINANCE AMENDING CHAPTER 11,"UTILITIES" SECTION 11-1 "GENERAL PROVISIONS, "A. DEFINITIONS", (1), (9), (28), AND (84) (A) AND (B) AND SECTION 11-5 "SOLID WASTE COLLECTION REGULATIONS" "B. COLLECTION OF MUNICIPAL SOLID WASTE", AND (1) "GENERAL" SUBSECTIONS (B), (H), (J) - (L) AND (Q),AND (3)RESIDENTIAL "CURBSIDE RECYCLING COLLECTION", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, "Utilities" Section 11-1 "General Provisions", "A. Definitions", (1), (9), (28), and (84) (a) and(b)be amended as set out in Exhibit"A", and Section 11-5 "Solid Waste Collection Regulations" "B. Collection of Municipal Solid Waste", (1) "General" subsections (b), (h), (j) - (1) and (q) be amended as set out in Exhibit"B", and Section 11-5 "Solid Waste Collection Regulations""B. Collection of Municipal Solid Waste", (3) Residential "Curbside Recycling Collection" be amended as set out in Exhibit"C",of the Code of Ordinances of the City of College Station, Texas and are attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance becomes effective ten (10) days after date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No. 2017-3866 Page 2 of 6 PASSED, ADOPTED and APPROVED this 23" day of March, 2017. ATTEST: APPRO D: 4 `rir City Secret M.y s r APPROVED: Ci Attorney 9A13 Ordinance No. 2017-3866 Page 3 of 6 Exhibit "A" That Chapter 11, "Utilities" Section 11-1 "General Provisions", "A. Definitions"(1), (9), (28), and (84) (a) and (b) of the Code of Ordinances of the City of College Station, Texas, be amended by deleting (9),renumbering the remaining and (1), (28), and (84) (a) and (b) are to read as follows: (1) Automated container: A container provided by the City or the City's contractor of varying capacities used for garbage or recycling collection. (28) Handicapped household: A residential unit where all adult occupants are certified by a licensed medical doctor as being physically incapable of transporting municipal solid waste or recycling to the property curbside. (84) Waste: (a) Bulky Waste: Large objects or stable matter with weights, dimensions and/or proportions greater than those allowed in basic collection, including but not limited to stoves, refrigerators, water tanks, washing machines, furniture, and brush. This definition shall exclude household waste, bagged household waste, contractor generated construction and demolition waste, dead animals or hazardous waste. (b) Construction demolition waste: Waste resulting from construction or demolition projects; includes all materials that are directly or indirectly the by-products of construction work or that result from renovation, or demolition of buildings and other structures, including, but not limited to, paper, cartons, gypsum board, wood, concrete, rubber and plastics. Ordinance No. 2017-3866 Page 4 of 6 Exhibit "B" Chapter 11 "Utilities", Section 11-5 "Solid Waste Collection Regulations" "B. Collection of Municipal Solid Waste", (1) "General" (b), (h), (j) - (1) and (q) of the Code of Ordinances of the City of College Station, Texas, be amended and are to read as follows: (1) General (b) Garbage and household waste must be bagged in plastic bags and placed curbside in City-owned automated and commercial containers. Bulky waste and brush shall be exempt from this requirement. Plastic bags shall be of sufficient strength and puncture resistance to prevent the contents from spillage before and during collection. All bags shall be securely tied or otherwise fastened or closed so as to prevent spillage or entry by vector and vermin. Only garbage and household waste is to be placed in plastic bags. Construction demolition waste, tires, hazardous substances and stable matter such as dirt, brick, and rock will not be accepted. (h) City and City's contractor shall provide door-side solid waste and recycling collection service for qualified handicapped households. (j) Automated containers shall not be placed curbside before 5:00 a.m. the day of which collection is scheduled. Automated containers shall be removed from the designated pickup point and placed either adjacent to their dwelling or at a location designated by the City within twelve (12) hours of their scheduled collection day. Under no circumstances, shall an automated container be placed for normal daily use within an area defined by the edge of the street, pavement, or curb and the building set back line. (k) Each single-family detached residential unit or housing unit with less than four(4) attached residential units that has been assigned a City-owned automated solid waste container will be provided with once per week garbage, brush, rubbish, and every other week recycling collection. (1) Each residential unit with four (4) or more attached residential units in a complex which has not been identified as a multi-family apartment complex by the City that has been assigned a shared large City-owned automated solid waste collection container, will be provided with twice per week garbage collection, once per week brush/rubbish collection, and every other week recycling collection. Ordinance No. 2017-3866 Page 5 of 6 (q) Rock, construction demolition waste, building materials, or other refuse resulting from building or remodeling operations or resulting from a general cleanup of vacant or improved property, will not be removed by the City. Such waste shall be removed by the building contractor, owner, or occupant of the property at his own expense. The City will remove said refuse for the contractor, owner, or occupant, utilizing Roll-off containers only, for a fee as established herein. The City will not remove hot ashes or fire coals. Ordinance No. 2017-3866 Page 6 of 6 Exhibit "C" Chapter 11 "Utilities", Section 11-5 "Solid Waste Collection Regulations" "B. Collection of Municipal Solid Waste", (3) Residential "Curbside Recycling Collection" of the Code of Ordinances of the City of College Station, Texas, be amended and is to read as follows: (3) Residential curbside recycling collection. (a) Customers participating in the curbside recycling collection program will be furnished with an automated container for all recyclable items placed for collection. (b) Only designated recyclable items can be placed in the automated container. Any other items or garbage will not be accepted. (c) In the event a Customer places any other item or garbage in an automated container designated for recycling, the Customer or Property Owner shall be responsible for removing the other items or garbage from the container or scheduling an extra collection. Fees are outlined in"E. Collection rates, (3) Additional charges". (d) In the event the City's contractor intends to terminate curbside recycling to any Customer, Contractor must send a written request and state the reason for termination to the Public Works Director or their designee. The Public Works Director or their designee shall have five (5) business days to review the request. The Public Works Director or their designee shall make decisions regarding any Customer's curbside recycling termination and send written notice of the decision to the Customer and to the City's contractor. The Customer may appeal the Public Works Director or their designee's decision to the City Manager in writing. The City Manager shall have five (5) business days to review the Customer's appeal and send written notice of the decision to the Customer and the City's contractor. There is no appeal from the City Manager. The Customer may reapply for curbside recycling six (6) months after the date of the last decision.