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HomeMy WebLinkAboutordinance.council.007-88 ORDINANCE NO. ~2~ (Series of 1988) AN ORDINANCE AMENDING SECTIONS 10-1 THROUGH 10-14 OF THE MUNICIPAL CODE OF ASPEN TO EFFECT NEEDED CHANGES IN THE STORAGE AND DISPOSAL OF SOLID WASTE AND TO SET FEES AND FINES FOR VIOLATION OF THE TERMS AND CONDITIONS CONTAINED HEREIN WHEREAS, the Environmental Health Department has determined that the existing rules and regulation for the storage of garbage, trash and ashes are inadequate to protect the health and safety of the residents of the City of Aspen; and WHEREAS, amendments to the aforementioned rules and regu- lations have been proposed by the Environmental Health Department to correct the deficiencies of existing rules and regulations; and WHEREAS, the City Council of the City of Aspen has deter- mined that the aforementioned changes benefit the health, safety and welfare of the residents and visitors to the City of Aspen; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Sections 10-1 through 10-14 of the Municipal Code of the City of Aspen, Colorado, are hereby amended to read as follows: 'Sec. 10-1. Definitions. For purposes of this chapter the following terms shall have the meanings ascribed to them: Garbage: The term 'garbage' shall mean all wastes from the preparation and consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. Trash: The term 'trash' shall mean all substances, which are neither ashes nor garbage, discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops, stores or other places of business. Ashes: The term 'ashes' 'shall mean the solid residue left when material is burned. Sec. 10-2. Depositing of garbage, trash and ashes. Every owner or occupant of premises within the City shall deposit and cause to be deposited all garbage, trash and ashes which accumulate thereon in (1) animal-proof, fly-tight, covered containers, or (2) dumpsters approved by the Environmental Health Department, in which case garbage and trash shall be secured in throw away containers or in a manner that it is not blown or scattered about or allowed to become a nuisance to the neighbors or the area. Sec. 10-3. Area around dumpsters maintained free of trash, garbage. Every owner or occupant of premises within the City using an approved dumpster shall keep the area within 10 (ten) feet of that dumpster free of garbage, trash, and ashes. Sec. 10-4. Separate containers required for ashes. All ashes accumulated on any premises shall be placed in a suitable container separate from garbage and trash containers. Sec. 10-5. Reserved Sec. 10-6. Containers to be maintained in sanitary condition. All garbage, trash and ash containers shall be maintained in a clean and sanitary conditions. Sec. 10-7. Location of containers. The owner or occupant of the premises shall place garbage, trash and ash containers at or near the street or alley adjacent to the premises in a position convenient for loading. Provided, however, that when collection of trash and garbage is not imminent, all containers shall be placed on the premises so as to be out of public view as much as possible. Sec. 10-8. Disposal required. Every owner or occupant of premises within the City shall provide his own means of collection and disposal of ashes, trash and garbage. Sec. 10-9. Frequency of collection. The collection and disposal of garbage, trash and ashes within the City shall be as often as necessary to prevent a public health danger, fire danger or inhibition of right-of-way access. Sec. 10-10. Control of ashes, trash or garbage during trans- portation. No person transporting ashes, trash or garbage within the City shall allow any to fall or be blown from the container or vehicle. Sec. 10-11. Notice of violations. (a) If conditions which violate any provision of this chapter are determined by the Environmental Health Department or City Fire Marshal to be an immediate public health danger, fire hazard or a hazard in blocking emergency access, they shall cause the immediate removal of the violation. In such case, a minimum fee of twenty-five dollars ($25.00) shall be charged against such premises and against the owner or occupant thereof. (b) All other conditions which violate any provision of this chapter shall be tagged in a conspicuous place by the Environmental Health Department or their authorized agent. The tag shall specify the violation existing, and shall state that such violation shall be corrected within twenty-four (24) hours of the time noted on the tag. Sec. 10-12. Removal of unlawful accumulations by City; lien for cost of removal. If the owner or occupant of premises in the City permits ashes, trash, or garbage to accumulate in violation of any provision of this chapter, the Environmental Health Department or Fire Marshal may cause it to be removed and disposed of. In such case, the cost of the removal and disposal shall be charged against the premises and the owner or occupant in addition to any regular charge for such. Such cost may be collected by the City in any action at law, referred for collection by the City Attorney, or assessed against the property. If the owners of the premises fail to pay such assessment, it shall be certified by the Director of Finance to the County Treasurer to be placed on the tax list for the current year and collected in the same manner as other taxes, together with a penalty added to defray administrative costs. The cost for removal and disposal may also be added to the monthly water service fee payable by the owner or occupant of the premises pursuant to Chapter 23 of the Municipal Code of the City of Aspen. If said cost is added to the monthly water service fee and remains unpaid, water service to the premises shall be disconnected pursuant to the provisions of Chapter 23. All the laws of the State for the assessment and collection of general taxes including the laws for the sale of property for taxes and the redemption thereof shall apply to and have full effect for the collection of all such assessments. Sec. 10-13. Violations deemed unlavful. Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be unlawful and subject to the penalty provisions in section 1-8 of this code. Sec. 10-14. Exemptions from requirements of this chapter. The City Council hereby authorizes the City Manager to permit exceptions from the requirements of this chapter on application when its requirements will impose practical difficul- ties or unnecessary hardship." Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3. Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 4. A pub, lnic hearing on the ordinance shall be held on the~V-~ day of ~/~LA_~3 , 1988, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as p~gvided by law by C~cil of the City of Aspen on the /~-~_ day of . William L. Stirling, Mayor ATTEST: Kathryn ~. Koch, City Clerk FINALLY adopted, passed and approved this--/~-'/ day of ~ __, 1988. William L. Stifling, May~ ATTEST: Kathryn ~.'Koch, City Clerk