Loading...
Ordinance No. 15,913 ORDINANCE NO. 15,913 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE II "RESIDENTIAL SOLID WASTE," DIVISION 3 "FEES AND CHARGES AND BILLING PROCEDURE," SECTION 86-101 "CHARGE FOR COLLECTION";DIVISION 4"BAYTOWN GREEN CENTER" SECTION 86-104; AND ARTICLE III "COMMERCIAL SOLID WASTE," DIVISION 2 "SMALL BUSINESS WASTE COLLECTION SERVICE," SECTION 86- 166 "CONTRACT FOR GARBAGE COLLECTION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE FEES FOR RESIDENTIAL, GREEN CENTER, AND SMALL COMMERCIAL REFUSE COLLECTION; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That Chapter 86 "Solid Waste," Article II "Residential Solid Waste," Division 3 "Fees and Charges and Billing Procedure," Section 86-101 "Charge for collection" of the Code of Ordinances, Baytown,Texas,is hereby amended to read as follows: CHAPTER 86. SOLID WASTE ARTICLE II. RESIDENTIAL SOLID WASTE DIVISION 3.FEES AND CHARGES AND BILLING PROCEDURE Sec.86-101.Charge for collection. (a) The fees specified in this section are based on the availability of city removal, disposal and recycling services and shall be collected regardless of whether or not the occupant of a residential unit places any refuse or recyclable materials out for collection. (b) Each occupied residential unit within the city limits shall be charged the sum of $36.95, plus applicable sales tax,per month for city refuse collection and curb-side recycling services. (c) When the head of the household of a residential unit certifies in writing to the utility collections office that he is over 65 years of age and that he will place no more than one 30-gallon can or one 30-gallon plastic bag of refuse at his residential unit for collection on each regularly scheduled collection day, the monthly charge for city refuse collection and curb-side recycling services will be$33.15 plus applicable sales tax. (d) When the owner of an unoccupied residential unit certifies in writing to the utility billing office. that the unit is unoccupied and water service has been disconnected, the monthly charge levied under subsections(b)and(c)of this section from that time forward shall not be assessed for as long as the unit remains unoccupied and the water service remains disconnected. (e) For multifamily dwelling unit projects containing eight dwelling units or less,the monthly charge for refuse collection and curb-side recycling services shall be $36.95, plus applicable sales tax, times the number of occupied units in the project. (f) A multifamily unit that exceeds eight dwelling units will be considered a commercial multifamily unit,and no city refuse collection or curb-side recycling services will be provided. Section 2: That Chapter 86"Solid Waste," Article II "Residential Solid Waste," Division 4 "Baytown Green Center," Section 86-104"Baytown Green Center"of the Code of Ordinances, Baytown, Texas,is hereby amended to read as follows: CHAPTER 86. SOLID WASTE ARTICLE II. RESIDENTIAL SOLID WASTE DIVISION 4.BAYTOWN GREEN CENTER Sec.86-104.Baytown Green Center (a) Applicability. Only residents of the city may utilize the Baytown Green Center upon the payment of the load fee specified in subsection(c)to deposit eligible debris.At the time of deposit, residents must show proof of residency, which shall consist of a city water bill with address on the water bill matching the driver's license address. (b) Definition. The following words,terms and phrases,when used in this section, shall have the meanings ascribed to them in this subsection,except where the context clearly indicates a different meaning: Baytown Green Center shall mean the facility designed to provide assistance for Baytown residents with disposal of eligible debris and recyclable materials located at 1601 W.Main Street,Baytown,Texas. Eligible debris means debris not picked up under the routine garbage, heavy trash or brush collection and includes furniture, equipment, shipping boxes, other bulky items, building materials and other material as determined by the city manager. Such term excludes the following: (1) Brush/tree limbs/leaves; (2) Composition shingles; (3) Motor oil/oil filters; (4) Tires/batteries; (5) Paint; (6) Brick/concrete masonry or dirt; (7) Any appliances with Freon; and (8) Any E-waste,including televisions,computer monitors,lap top computers,VCRs,printers, fax machines,copiers). (c) Load fee. (1) The fee per load of eligible debris deposited at the Baytown Green Center shall be as follows: Pick-up truck or car,per load $10.00 Trailer not more than eight feet in length,per load $10.00 2 Trailer over eight feet in length but not more than 16 feet in length, per load $20.00 (2) The fees established in subsection (c)(1) shall be applied to every vehicle or trailer hauling eligible debris. For example,if a truck with an 8-foot trailer are both hauling eligible debris,the fee for disposal of such debris at the Baytown Green Center shall be$20.00. (3) The fees established in subsection (c) are based solely on vehicle and/or length of trailer hauling eligible debris and not based upon the amount of debris deposited at the Baytown Green Center. (d) Standards. (1) Persons may not use trailers longer than 16 feet in length to drop-off eligible debris at the Baytown Green Center. (2) Small eligible debris must be must be boxed or bagged prior to arrival at the Baytown Green Center for quick removal. (3) No sweeping of trailers or truck beds shall be allowed at the Baytown Green Center (4) The Baytown Green Center shall not be used by contractors for the disposal of eligible debris resulting from their commercial operations. Section 3: That Chapter 86 "Solid Waste," Article III"Commercial Solid Waste,"Division 2 "Small Business Waste Collection Service," Section 86-166 "Contract for garbage collection" of the Code of Ordinances, Baytown,Texas,is hereby amended to read as follows: CHAPTER 86. SOLID WASTE ARTICLE III. COMMERCIAL SOLID WASTE DIVISION 3.SMALL BUSINESS WASTE COLLECTION SERVICE Sec.86-166. Contract for garbage collection. The city department of public works shall have the right to contract with certain small local businesses and professional offices for garbage service. The contract shall specify the maximum quantity of bags to be disposed of weekly and the rate to be charged. The monthly charge shall be $46.42, plus applicable sales tax, for up to five bags per week, and$52.27,plus applicable sales tax, for six to ten bags per week. The director of public works shall contract only with those who want the service and who are located near existing residential customers. Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed;provided, however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. 3 Section 5: If any provision, section, exception, subsection,paragraph, sentence, clause or phrase of the ordinance or the application of same to any person or the set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 6: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and,upon conviction, shall be punished by a fine in an amount of not more than FIVE HUNDRED AND NO/100 DOLLARS($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 7: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten(10) days after passage of this ordinance. INTRODUCED,READ,AND PASSED by the affirmative vote of the City Council of the City of Baytown,this the 26th day of September,2024. . `... ON CAPETILL May or TEST: r` [S O!,:fif Y GCS Ca • Cfl • it n A GEL•S • CKS117,4City Clerk'A r, }'�;. APPROVED AS 0 F•N t'""t SCOTT LE 'I ND, City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\2024-09-26\Ordinance Amending the Sanitation Service Fees 86-101,86-104,and 86-166.docx 4