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CHAPTER 04 Title 8 Sanitation CHAPTER 4 SANITATION SERVICE SECTION: 8-4-1: Purpose 8-4-2: Application 8-4-3: Definitions 8-4-4: Accumulation of Refuse 8-4-5: Deposit of Refuse on Public Property 8-4-6: Unlawful Use of Refuse Containers 8-4-7: Sanitation Service Charge 8-4-8: Removal of Waste 8-4-9: Residential Waste Containers--Regulations 8-4-10: Commercial Containers 8-4-11: Use of Containers 8-4-12: Compost Piles 8-4-13: Collection of Waste Containers 8-4-14: Exceptions to Waste Removal 8-4-15: Scattering of Waste 8-4-16: Commercial Sanitation Services Prohibited 8-4-17: Sanitary Service Charges 8-4-18: Billings for Sanitary Service 8-4-19: Delinquent Accounts 8-4-20: Violations 8-4-1: PURPOSE: The accumulation of waste, refuse, trash, garbage, rubbish, and other deleterious substances upon private properties, vacant lots, and in streets and alleys constitutes a public nuisance and menace and contributes to the spread of infectious, contagious, and epidemic diseases. It is necessary for the preservation of health, safety, sanitation, peace, and public welfare that proper and adequate regulations be adopted to require property owners and occupants use City provided containers and receptacles in which to deposit waste, refuse, trash, garbage, and rubbish for collection and removal at regular intervals. The high cost of acquiring capital facilities, equipment, and vehicles necessary to provide removal of refuse requires the limitation of the number of providers of sanitation services within the City. 8-4-2: APPLICATION. This chapter applies to the delivery of sanitation services to all residential, commercial, and industrial properties within the City. 8-4-3: DEFINITIONS: For the purpose of this chapter, the definitions used in Chapter 9, Title 5 of this Code shall also apply to this chapter. Certain other terms shall have the meanings ascribed below: Title 8, Chapter 4 Page 1 of 5 Revised 7-12-2018 CONTAINER, COMMERCIAL: A container for waste having a capacity in excess of 1 cubic yard. CONTAINER, RESIDENTIAL: A container for waste provided by the City for a fee and used for automated collection. OCCUPANT: Any person occupying, possessing, or having control of real property located in the City, whether as an owner, tenant, or licensee. RESPONSIBLE PARTY: The property owner, occupant, tenant or lessee of property in the event a landlord agreement has been executed with the city. If no landlord agreement has been executed the responsible party is the property owner. SANITARY SERVICE: The availability of sanitation services provided by the Sanitation Department. 8-4-4: REPEALED 8-4-5: REPEALED 8-4-6: UNLAWFUL USE OF REFUSE CONTAINERS: It shall be unlawful for any person to deposit refuse into any waste container assigned to a property owned or leased by another without the express or implied permission of the owner or lessee of said property. It shall further be unlawful for any person to remove a waste container from the property to which it is assigned. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 8-4-7: SANITATION SERVICE CHARGES: Sanitation services for all occupants of real property located within the City shall be provided subject to the occupant's payment of the charges and fees established hereafter, and subject to the provisions of this chapter. Every occupant shall pay a sanitation service charge in accordance with the rate schedule as established by the City Council and which may be amended from time to time, irrespective of whether waste is removed from the occupant's residence or business during the period for which the charge is made. 8-4-8: REMOVAL OF WASTE: The Sanitation Department will remove waste deposited in residential and commercial waste containers in accordance with the provisions of this chapter. The Sanitation Department may decline to remove waste from any container which does not meet the requirements of this chapter or waste which is not placed in such waste containers. Notwithstanding such removal, every occupant of a Title 8, Chapter 4 Page 2 of 5 Revised 7-12-2018 residential and commercial property shall have the obligation to remove all waste accumulating on property under his or her control, in accordance with Section 5-9-13 of the Ammon City Code. 8-4-9: RESIDENTIAL WASTE CONTAINERS--REGULATIONS: All residential waste containers shall be provided for and remain the property of the City of Ammon. 8-4-10: COMMERCIAL CONTAINERS: All commercial containers shall consist of containers furnished by the City. 8-4-11: USE OF CONTAINERS: The City shall not provide pickup service to any container not provided by the City. 8-4-12: COMPOST PILES: Compost piles may be maintained for fertilization purposes, and matter used for such purposes may be transported, kept, and used in any manner which does not emit obnoxious or offensive odors. 8-4-13: COLLECTION OF WASTE CONTAINERS: The Sanitation Department will collect waste containers in accordance with a collection schedule established and promulgated by the Sanitation Department. Occupants needing more frequent removal of waste may request such removal from the Sanitation department, and the removal will be provided in accordance with the Schedule of rates established by the City Council by resolution which may be amended from time to time. All waste containers shall be placed adjacent to the private drive of any premises on the day scheduled for pickup, or if the premises are not adjacent to a private drive, then at the street curb (street surface), on the morning of the day scheduled for collection no later than 8AM. All empty waste containers shall be removed and stored on each premises private property off of the street/sidewalk within twenty-four (24) of the removal of waste from the container. 8-4-14: EXCEPTIONS TO WASTE REMOVAL: The Sanitation Department shall have no duty to remove the following waste: (A) Dirt, earth, or debris from construction or building renovation. (B) Appliances, large or heavy machines, furniture, tree trunks, or other debris or waste not placed within a waste container meeting the specifications of this chapter. (C) Hazardous waste, toxic chemicals, waste oils, lubricants, paint, or any other substance harmful to life or limb. (D) Dead animals. (E) Hot Coals, charcoal, or other items that may melt, burn, or otherwise harm the City provided container. (F) In containers blocked by any obstruction. Title 8, Chapter 4 Page 3 of 5 Revised 7-12-2018 Notwithstanding the foregoing, every occupant of property within the City shall be fully responsible to remove such waste from his or her premises. 8-4-15: SCATTERING OF WASTE: It shall be unlawful to scatter the contents of any waste container upon any street, alley, or public park within the City. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 8-4-16: COMMERCIAL SANITATION SERVICES PROHIBITED: It shall be unlawful for any person to conduct, engage, or otherwise participate in any private business undertaking or enterprise for the removal or disposal of waste for pecuniary gain or profit. Nothing herein shall prohibit the use of waste for recycling purposes by any licensed recycling business; salvage yard, second-hand dealer, or other similarly licensed enterprise. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 8-4-17: SANITARY SERVICE CHARGES: A monthly service charge for sanitary services shall be assessed for each residence receiving sewer, water or garbage services or any occupied business, which shall be at a rate schedule established by the City Council by resolution which may be amended from time to time. The rate schedule shall be kept on file in the office of the City Clerk and information furnished to interested parties upon request. 8-4-18: BILLINGS FOR SANITARY SERVICE: The charge for sanitary service shall be due on a monthly basis, which shall be due and payable on or before the 10th day of the month following the close of the preceding month. Payments shall be made in conjunction with billings for other utility services as employed by the City of Ammon and shall be mailed or delivered to the City Clerk. 8-4-19: DELINQUENT ACCOUNTS: When the bill is not paid by the 10th of the month following the month of service, as hereinabove stated, and the bill remains unpaid, the account will become delinquent and shall be handled in the following manner: (A) On or after the delinquent date, a delinquency statement is to be mailed to the responsible party, stating a date the account balance must be paid in full. (B) Following said date, if there has been no response to the mailed statement, a notice shall be posted at the residence/location stating the date that the collection service shall be terminated and the container shall be picked up. A posting fee will be added to the account for said notice. (C) In cases when sanitation service is terminated and the container is picked up for non-payment, there shall be a fee charged for both the pickup and delivery of the garbage container plus a daily fee per container from the Title 8, Chapter 4 Page 4 of 5 Revised 7-12-2018 termination date to the reinstatement date. Service shall not be reinstated unless the account is paid in full. (D) In the event of payment of a delinquent account, personal checks shall not be accepted, and the balance must be paid by cash or one of the following certified funds; cashier’s check, certified check, credit card or money order. (E) Payments received for services by a check that is subsequently returned unpaid by any financial institution shall be assessed a return check fee as set by resolution of the City Council. Said fee shall be charged to the customer’s utility account and charges for utilities that said check was to pay shall also be billed back to the customer’s utility account. Any returned check must be paid within five (5) working days from the time the notice is given by the City of the returned check or the utility account shall be considered delinquent. All fees shall be paid in full prior to reinstatement of services. Partial payments of amounts due shall be applied to check fees prior to being applied to services. (F) All fees associated with the collection of a delinquent account shall be assessed to the utility account of the responsible person. Said fees shall include but not be limited to attorney fees, certified mailing, and serving fees. 8-4-20: VIOLATIONS: Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such violations under section 1- 4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines and imprisonment as provided for herein. Title 8, Chapter 4 Page 5 of 5 Revised 7-12-2018