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HomeMy WebLinkAboutordinance.council.017-77RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. /7 (Series of 1977) AN ORDINANCE REPEALING AND REENACTING CHAPTER 10 OF THE ASPEN MUNICIPAL CODE CONCERNING GARBAGE, TRASH, AND ASHES; PROVIDING FOR DEPOSITING AND DISPOSAL THEREOF; PROVIDING THAT VIOLATIONS OF THESE PROVISIONS SHALL BE UNLAWFUL; AND PROVIDING FOR NOTICE OF VIOLATIONS WHEREAS, the City Council desires to repeal the existing provisions of Chapter 10 of the Aspen Municipal Code and to reenact Chapter 10 of the Aspen Municipal Code with recommended changes for the benefit of the City of Aspen, NOW, ~HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Chapter 10 of the Aspen Municipal Code entitled "qarbage and Trash" be repealed and reenacted to read as follows: CHAPTER 10 GARBAGE, TRASH AND ASHES Sec. 10-i. Definitions. For purposes of this chapter the following terms shall have the meanings ascribed to them: Garbage. The term "garbage" shall mean all substances fit for food for swine, discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops, stores and other places of business. 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 and other places of business. Ashes. The term "ashes" shall mean the solid residue left when material is burned. Sec. 10-2. Reserved. RECORD OF PROCEEDINGS 100 Leaves Sec. 10-3. Depositing of Garbage and Trash. Every owner or occupant of premises within the City shall deposit and cause to be deposited all garbage, trash and ashes which may accumulate on any premises owned or occupied by him in fly-tight, covered con- tainers. Sec. 10-4. Separate Containers Required for Ashes. All ashes accumulated on any premises shall be placed in a suitable container separate and apart from the garbage and trash containers. Sec. 10-5. Specifications for Containers. The containers in which garbage shall be deposited as provided in section 10-3 shall be of a capacity not less than twenty (20) gallons nor to exceed one cubic yard each, and shall have a fly-tight cover, be leakproof and be provided with a bail or side handles. The containers in which ashes shall be deposited shall additionally be constructed of non-combustible material. Sec. 10-6. Containers to be Maintained in Sanitary Condition. Ail garbage, trash and ash containers shall be maintained in a clean and sanitary condition. 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 con- venient 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 -2- RECORD OF PROCEEDINGS 100 Leaves shall use the ashes, garbage and trash collection and disposal system franchised by the city upon payment of the sum fixed by the franchised operator or shall provide his own method and means of collection and disposal of ashes, trash and garbage subject to the regulations of this chapter. Sec. 10-9. Frequency of Collection. The collection and disposal of trash, garbage and ashes within the city shall be as often as necessary. Sec. 10-10. Hauling of Ashes, Trash or Garbage to be in Closed Containers. All ashes, trash and garbage hauled or conveyed within the city limits or through the city, shall be hauled in a closed container or, if being hauled or conveyed in a vehicle, shall be so covered or closed in so that the contents cannot fall or be blown from such vehicles. No person hauling or conveying ashes, trash or garbage within the city limits or through the city shall allow any ashes, trash or garbage to fall or be blown from the container or vehicle used for such hauling or conveying. Sec. 10-11. Removal of Unlawful Accumulations by City; Lien for Cost of Removal. In the event that the owner or occupant of premises in the city shall permit ashes, trash or garbage to accumulate thereon and fail or refuse to deposit such ashes, trash or garbage in suitable containers in accordance with the provisions of this chapter or fail to place the same at or near the street or alley adjacent to the premises in a position convenient for loading, the city at the dis- cretion of the sanitarian may cause the ashes, trash or garbage to be removed. In such case, the entire expense of the collection and removal thereof shall be charged -3- RECORD OF PROCEEDINGS 100 Leaves against such premises and against the owner or occupant thereof in addition to the regular charge for collection and disposal of such ashes, trash and garbage. Such expense for collection and removal may be collected by the city in any action at law, referred for collection by the city attorney in his or her discretion, or assessed against the property. In the event that the owner or owners of the premises against which any assessment hereunder shall be made, shall fail, refuse, or neglect to pay the same within twenty (20) days from the date of notice of such assessment, then and in this event the assessment shall be certified by the director of finance to the county treasurer of the county to be by him placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected together with a penalty added thereon to defray the costs of collection. 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 assess- ments. Sec. 10-12. violations. Violation of any of the provisions of this Chapter by any person, firm or corporation, whether as owner or occupant, shall be unlawful. Sec. 10-13. Notice of Violations. All conditions constituting a violation of any of the provisions of this Chapter shall be tagged in a con- spicuous place with a red tag by the sanitarian or any agent authorized by the sanitarian. The red tag shall specify the violation existing, and shall state that -4- RECORD OF PROCEEDINGS 100 Leaves such violation shall be corrected within twenty-four (24) hours of the time noted on the tag. 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 and when its requirements will impose practical difficulties or unnecessary hardship. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 3 A public hearing on the ordinance shall be held on ~-~6~ ~ /~77 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held on the c:~"'~~- ' 1977. Stacy/Standley III ~ ATTEST: May°~I ~ ~ KathrYn F~. ~Iaute City Clerk FINALLY adopted, passed and approved on the -5- RECORD OF PROCEEDINGS 100 Leaves day of ~/_ ATTEST: , 1977. St~cy Standl~y WI Mayor ~ ~ Kathryn SJ ~auter City Clerk -6- RECORD OF PROCEEDINGS 100 Lei~'es STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was read in full, and passed on ~ introduced, reading at.a regular meeting of the City Council of the C~ty of Aspen on ~ ~ , 197'7, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ ~ , 1977 , and was finally adopted and approved at a regular meeting of the City Council on Ordinance No. /~ , provided by law. IN WITNESS WHEREOF, , 1977 , and ordered published as Series of 197~, of said City, as the seal of said City of Aspen, Colorado, day of ~. , 197 ~ . I have hereunto set my hand and this /~.7 ~ Clerk ~r, City~~