Ordinance No. 12,054ORDINANCE NO. 12,054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE 11 "RESIDENTIAL SOLID
WASTE," DIVISION 3 "FEES AND CHARGES AND BILLING PROCEDURE,"
SECTION 86 -101 "CHARGE FOR COLLECTION" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO COMBINE FEES FOR RESIDENTIAL
REFUSE COLLECTION AND CURB -SIDE RECYCLING SERVICES AND TO
INCREASE SUCH COMBINED FEE BY FIFTY CENTS ($0.50) PER MONTH PER
RESIDENTIAL UNIT; 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.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 86 "Solid Waste," Article 11 "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
DMSION 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 $20.31, 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 $17.55 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 $20.31, 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: 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.
Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of 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 effect 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 4: 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 5: 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 [he City Council of Baytown,
this the 13'" day of September, 2012.
NACIO RAMIREZ, Sr., (U Attorney
RdKucn\FileflCay Council \0rdinoncesQUl2\Septembcr IMmimtionServiceFees.doc