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HomeMy WebLinkAboutOrd2015-004 Sponsored by: Hunt Introduction: September 28, 2015 Public Hearing: October 12, 2015 Enactment: October 12, 2015 CITY OF SEWARD,ALASKA ORDINANCE 2015-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING PORTIONS OF SEWARD CITY CODE § 14.05.010 REFUSE SERVICE PROVIDED AND REQUIRED, TO CLARIFY THAT REFUSE BILLING IS NOT REQUIRED ON VACANT LOTS AND THAT MANDATORY REFUSE SERVICE DOES NOT PRECLUDE INDIVIDUALS FROM DISPOSING OF THEIR OWN REFUSE, BUT STILL REQUIRES PAYMENT FOR REFUSE SERVICE, AND SEWARD CITY CODE § 14.05.040 FREQUENCY OF COLLECTION, TO CLARIFY THAT THE REQUIREMENT TO CLEAN GARBAGE RECEPTACLES IS THAT OF THE PERSON OCCUPYING AND/OR OWNING THE PROPERTY WHEREAS,the Seward City Code provides for mandatory refuse service in order to protect public health and hygiene,remove incentives to dump trash in public receptacles or in trash cans of other paying customers, equitably share the cost of this public health service, and reduce the likelihood of trash being otherwise improperly disposed of; and WHEREAS, the City of Seward maintains a Certificate of Public Convenience and Necessity No. 618 with the Regulatory Commission of Alaska--which is charged by Alaska Statute with regulating public utilities -- for the purpose of regulating refuse service within the prescribed boundaries of the Seward City Limits; and WHEREAS,the City has,since at least 1974,contracted out refuse collection and disposal services through a competitive bid process resulting in a franchise agreement with a private sector refuse company as allowed by City Code,to avoid the need to equip and operate this service utilizing public employees; and WHEREAS, past practice has been to exempt vacant lots from payment of refuse charges and Codification of this practice will exempt properties from which have no commercial or residential structures, from the mandatory requirement to pay for refuse services. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 14.05.010 is amended as follows: (Deletions are Bold S ethroughs; Additions are Bold Underline) CITY OF SEWARD, ALASKA ORDINANCE 2015-004 14.05.010. -Refuse service provided and required. (a) Every person occupying and/or owning any house, apartment building, duplex, triplex, condominium, townhome,mobile home park or home outside of a mobile home park, trailer, other residential or commercial dwelling or commercial building, including buildings under construction, within the city shall use and pay for the system of refuse disposal provided in this chapter,unless the person utilizes a carrier holding a valid permit from the Regulatory Commission of Alaska. (b) The city shall either provide or contract for collection and disposal of refuse. The public works department of the city or the contractor shall prescribe routes and days for collection. When such routes or days are established or changed,reasonable notice thereof shall be given to affected customers. No other carrier other than one authorized by the Regulatory Commission of Alaska may collect,dispose,or remove refuse from any premises in the city. Nothing in the preceding sentence is-section shall be deemed to prohibit an occupant and/or owner from removing or causing the removal of refuse accumulated on the premises occupied by him and disposing of the same in a lawful manner. Disposing of one's own refuse does not however, eliminate the mandatory requirement to pay for solid waste service. Section 2. Seward City Code Section 14.05.040 is amended as follows: (Deletions are Bold Str-ikethr-ougks; Additions are Bold Underline) 14.05.040.—Frequency of collection. All garbage and rubbish receptacles shall be emptied and-cleat at least weekly. All garbage and rubbish receptacles shall at all times be kept clean by the person occupying and/or owning the property. All waste material must be removed at least once each month. Building or construction waste and debris shall be removed weekly and upon completion of construction. Section 3. This ordinance shall take effect 10 days following its enactment. PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 12th day of October, 2015. THE CITY OF SEWARD,ALASKA can Bardarson,Mayor CITY OF SEWARD,ALASKA ORDINANCE 2015-004 AYES: Casagranda, Keil, Butts, Darling, Bardarson NOES: Squires ABSENT: Terry ABSTAIN: None ATTEST: JoAi aKinney, Cty erk (City Seal) • 0,,21.#raN $6" c ..484 on m ■ f) , ri 0 0 • TO le 10 .40'1^ ,Crra'r °CO 4•9* ird4 - -- 004 e, 6'44 1E OF oftE.so5.0' Council Agenda Statement e of Sew Meeting Date: September 28, 2015 and October 12, 2015 y` From: James Hunt, City M a n a g e r i < ( G" Agenda Item: • Garbage and Refuse Ordinance BACKGROUND & JUSTIFICATION: Applicable Statutes, Regulations and Ordinances Alaska Statute Chapter 42.05 Alaska Public Utilities Regulatory Act establishes the Regulatory Commission of Alaska's (RCA) powers to regulate every public utility engaged in a utility business inside the state of Alaska. AS §42.05.221 requires a public utility obtain a Certificate of Public Use and Necessity from the Regulatory Commission of Alaska prior to providing utility services,and establishes refuse as a public utility subject to such certification. The City of Seward holds a Certificate of Public Convenience and Necessity No. 618 from the RCA under an Order Approving Application for Certificate and Closing Docket U-99-22 Order No. 1 dated July 25, 2000. • AS §42.05.220(2)(d)provides that the RCA may limit the number of public utilities competing to furnish identical utility service in certain geographic locations if competition is determined not to be in the public interest (i.e. to eliminate duplication and paralleling of services) and the City of Seward is the only utility certified to provide refuse services within the service area boundaries of the Seward City Limits. AS §29.35.050(a)authorizes a municipality to require residents to utilize and pay for refuse services provided by the municipality or its contractor. Seward City Code §14.05.010 Garbage and Refuse — Refuse service provided and required, mandates that residents utilize and pay for the City's system of refuse disposal provided, and SCC 14.01.065(a)(5) authorizes disconnection of any utility service based on nonpayment of any bills for utility service. The City's current waste management contract was approved by the City Council on August 13, 2012 in Resolution 2012-068. The contract period is from January 1, 2013 to December 31,2019, with options to extend for three additional years. The franchise agreement with Alaska Waste was approved by the Seward City voters on October 2, 2012 by a vote of 246 to 114, or 68%approval. Proposed Ordinance In recent months, public confusion and complaints over the City's ability to mandate payment of refuse service resulted in an in-depth discussion of the topic in two refuse work sessions held on September 14,2015 and March 9,2015. The nature of the complaints included: 1) customers who elect not to use the provided refuse service or absent landlords who do not live in Seward year- round, object to having to pay for a service they do not use; 2) objection to the City's ability to disconnect other utility services for unpaid refuse bills; 3) requests for waiver from mandatory service for certain groups (i.e. individuals on fixed income, individuals on disability, seasonal residents);4)confusion over whether refuse payment is required on vacant properties; 5)objection to the requirement to pay for refuse for a stand-alone garage on a property not used for either residential or commercial purposes; 6) requests to codify a payment hiatus for up to three months so that travelers could be exempt from payment of refuse for a period; and 7) questions regarding the authority by which the City is able to mandate payment for refuse services for customers who elect not to receive such service. The City Council met in two work sessions to discuss these issues. The administration provided documentation demonstrating the City's authority to mandate refuse service and payment of same (i.e. State Statute, RCA regulations, Seward City Code). The result of the work sessions was a consensus to continue requiring mandatory refuse service and mandatory payment for refuse by all residents,in order to protect the public health and most fairly allocate the costs of refuse services among a smaller customer base. The Council did not elect to codify a `vacation status' which would have provided for a payment hiatus for up to 90 days. Given Seward's small population, waivers for any particular group, including a payment hiatus, was seen as likely to redistribute the cost of service among a smaller pool, thereby increasing costs for those who are required to pay. It was acknowledged that City staff make every effort to obtain voluntary compliance from customers before terminating utility services for non-payment of refuse,but without the ability to terminate other utilities, some customers would not pay, leaving the franchisee with no ability to enforce the provisions of the contract between the franchisee and the City. The proposed Ordinance does the following: 1) clarifies that payment for refuse services is not required on vacant land or on properties which are not used for a residential dwelling or commercial purpose (i.e. exempts stand-alone garage on an otherwise vacant lot); 2) clarifies that the payment of refuse services is mandatory for every person occupying and/or owning a commercial building or residential dwelling; 3) clarifies that choosing to dispose of one's own refuse does not eliminate the mandatory requirement to pay for solid waste services; and 4) clarifies that the requirement to clean a garbage receptacle is the responsibility of an occupant or owner, and not the refuse company. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan: Page 11- Community Appearance, Page 13-City X Government, Page 26-Public Facilities. 2. Strategic Plan: Page 4-Nautural, Promote a Safe Community-Page 18 X Other(list): AS 42.05 Alaska Public Utilities Regulatory Act; AS 42.05.221 requirement to obtain Certificate of Public Convenience 3. and Necessity; AS 29.35.05 municipal authority to mandate refuse X payment; SCC 14.05.110 Garbage and Refuse service provided and required; SCC 14.01.065(a)(5) authority to disconnect utility service. ATTORNEY REVIEW: Yes X No FISCAL NOTE: These proposed revisions do not result in additional costs to the City, or additional revenues. Approved by Finance Department: 02 r,,- c)1.4c-it, RECOMMENDATION: Council approve Ordinance 2015-004 approving modifications to Seward City Code Chapter 14.05 Garbage and Refuse.