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HomeMy WebLinkAbout022 - 03/07/2000 - AMENDING CITY CODE REGARDING SOLID WASTE COLLECTION AND RECYCLING SERVICES BY ADDING PROVISIONS PERT ORDINANCE NO. 22, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE XV OF CHAPTER 15 OF THE CITY CODE REGARDING SOLID WASTE COLLECTION AND RECYCLING SERVICES BY ADDING PROVISIONS PERTAINING TO PROCEDURAL REQUIREMENTS AND ADDING A DOCUMENT RETENTION REQUIREMENT WHEREAS,in 1964,the City first enacted licensure requirements for solid waste collection services with the adoption of Ordinance No. 42, 1964; and WHEREAS, in the intervening years,those licensure provisions have since been modified, and repealed and reenacted, and are now set out in Chapter 15, Article XV of the Code of the City of Fort Collins; and WHEREAS,in 1985,the City first began to investigate programs to educate the public about recycling and solid waste reduction; and WHEREAS,in November 1994,staff presented to the Council an integrated,comprehensive approach to solid waste management entitled the Integrated Municipal Solid Waste Program,which included targets for waste reduction and recycling; and WHEREAS,in May 1995,the Council adopted Resolution 95-63,which identified specific objectives to be accomplished in relation to waste stream reduction,including the goals of reducing Fort Collins total waste stream by 20% between 1993 and 2000, and reducing landfilled waste by 20%to 30% during that period; and WHEREAS,in June 1995,the Council enacted Ordinance No.58, 1995,requiring residential trash haulers in Fort Collins to apply variable rates ("pay-as-you-throw") and provide curbside recycling services at no extra charge,in order to encourage the reduction and diversion of solid waste in residential households; and WHEREAS,in December 1999,the Council adopted Resolution 99-139,which,among other things,directed the City Manager to continue to investigate methods to improve the City=s variable rate system for trash hauling services; and WHEREAS, consistent with that direction, City staff has reviewed the existing Code provisions establishing the variable rate system, and has recommended that the procedural modifications set forth herein be enacted to improve the City's ability to monitor and enforce compliance with the existing Code requirements; and WHEREAS, proposed revisions require licensed haulers to retain pertinent records which are critical to review and assess compliance with the City's variable rate system; and WHEREAS, the effectiveness of the City's variable rate system will be improved by the proposed Code revisions, which will improve the City's ability to audit effectively the pertinent records of trash hauling companies' residential customers and confirm that it is being consistently applied, and will provide added clarity with respect to procedural requirements and standards in Chapter 15, Article XV of the Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager is hereby directed to develop an administrative procedure for receiving and processing complaints that are received by the City regarding solid waste collection and recycling services in Fort Collins. This procedure shall provide for prompt communication of complaint information to the affected licensee,and investigation and response to complaints by the licensee;provided, however,that the City shall retain the right, in its discretion, to conduct its own investigation of any complaint it receives. Section 2. That it shall be the City's policy: (a) to encourage trash haulers to provide adequate training to employees regarding compliance with Chapter 15,Article XV of the Code, and further to encourage trash haulers to take appropriate disciplinary action for repeated failure to meet such requirements; and (b) to actively monitor the implementation of its variable trash rates system by licensed trash haulers in Fort Collins,and to do so through such means as the City Manager, in his enforcement discretion, determines appropriate, including without limitation the conduct of audits of licensed solid waste collection and recycling service providers to evaluate compliance with the requirements of Chapter 15, Article XV of the Code. Section 3. That Section 15-415 of the Code ofthe City of Fort Collins is hereby amended so as to read as follows: Sec. 15-415. Application for license. (a) Any person desiring to obtain a license to engage in the business of solid waste collection shall make written application to the Financial Officer on forms provided by the city. The application shall include, without limitation, the following information: (1) The name and address of the applicant; (2) The principal place of business for the business to be conducted; (3) A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste and/or recyclables, including vehicle make,color,year,cubic yard capacity,Colorado license plate number and empty tare weight. (4) A description of the system to be used to account for and charge volume-based rates, as required under § 15-412 (c ), and a plan describing the structure and operation of the recycling collection services to be offered to each customer class. (b) The Financial Officer shall determine whether an application meets the requirements of this Article, and whether all taxes, fees, penalties, interest or other financial obligations to the city of the applicant or any predecessor in interest of the applicant have been met, and whether the applicant is in current compliance with the requirements of this Article. The Financial Officer may request such additional information as he or she deems relevant to a determination of whether the requirements of this Article will be met by the applicant. The Financial Officer may deny any application if the Financial Officer reasonably determines that any requirements of this Article will not be met by the operation proposed by the applicant,or if the applicant is ineligible for a license under the terms of a revocation determination by the City Manager pursuant to Section 15-426. (c) Upon a determination by the Financial Officer of whether a license shall issue under this section, the Financial Officer shall give written notice to the applicant of his or her decision thereon. An applicant whose application has been denied may,within twenty (20) days after such decision is mailed,petition the City Manager for a hearing on the denial. The City Manager shall notify the applicant in writing of the time and place of the hearing. After such hearing, the City Manager shall make such order in the matter as he or she deems just and proper and shall furnish a copy of such final order to the applicant. Section 4. That Section 15-418 of the Code of the City of Fort Collins be amended as follows: Sec. 15-418. Plans, recordkeeping and reports. (a) Any change to operational systems,plans or structures of any licensee which are subject to city review and approval pursuant to this Article shall be submitted to the city prior to implementation of such change. All information submitted to the city pursuant to this section shall constitute public information, except as otherwise provided in the Colorado Open Records Act. (b) Each collector licensed pursuant to this Article shall maintain accurate and complete records of the service provided to each residential customer, the charges to such customer and payments received, and any underlying records, including any books, accounts, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each collector to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (c) Promptly upon a request by the City Manager in connection with an audit investigation he or she has initiated, a licensee shall make records retained pursuant to subsection 15-418(b) available in a reasonably convenient location for review by the City Manager,the Financial Officer or his or her designee,or an officer of the city charged with the investigation of potential violations of the Code, for the purpose of enforcing the requirements of this Article. Any such information constituting confidential customer records or financial or proprietary information shall be maintained as confidential by the city, unless otherwise required by court order or as agreed by the relevant party in interest. (d) A licensee shall make available for review by the city such records in its possession as may be relevant to the investigation of any complaint regarding such licensee that has been submitted to the city or is under investigation by the city. (e) All collectors shall accurately and completely report to the city the following information: (1) Number of tons or cubic yards of solid waste collected from all single-family,two-family and multifamily residential and commercial customers. (2) Number of tons of each type (as determined by the City Manager pursuant to§ 15-414)ofrecyclables collected through the commercial and multifamily recyclables collection program. (3) Number of tons of each type (as determined by the City Manager pursuant to § 15-414)of household recyclables collected through the curbside recyclables collection program. (4) Number of tons of each type (as determined by the City Manager pursuant to § 15-414)of household recyclables collected by drop-off system. Such reports shall be made on forms to be provided by the city and shall be made biannually for each full half-year of curbside collection performed by the collector. A half-year shall mean January 1 through June 30 or July 1 through December 31. All such reports shall be submitted to the City Manager no later than thirty(30)days following the close of each half-year. Section 5. That Section 15-419 of the Code of the City of Fort Collins be amended as follows: Sec. 15-419. Disposal of solid waste. All persons holding licenses pursuant to this Article and engaged in the business of collection of solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at any other disposal site which is approved by any state.No solid waste shall be disposed of at any other location either inside or outside of the city. Section 6. That the following new sections be added to Chapter 15, Article XV of the Code of the City of Fort Collins: Sec. 15-422 Investigation of reports, records and other items relating to compliance with this Article. For the purpose of ascertaining the correctness of any reports,plans or other documents submitted or required to be prepared and maintained by a licensed collector pursuant to this Article,or for the purpose of determining compliance with any requirements of this Article of any person, whether or not the same is licensed under this Article,the City Manager may hold investigations, including audits, and hearings concerning any matters covered by this Article, and may examine any relevant books, papers, records or memoranda of any such person and may require the attendance of such person, or any officer or employee of such person, or of any person having knowledge of transactions involved,and may take testimony and proof of the information. The City Manager shall have the power to administer oaths to such persons. Sec. 15-423. Subpoenas and witness fees. All subpoenas issued under the terms of this Article may be served by any person over the age of eighteen(18)years.The fees of witnesses for attendance in re- sponse to a subpoena shall be the same as the fees of witnesses before the District Court, such fees to be paid when the witness is excused from fiuther attendance. When the witness is subpoenaed at the instance of the City Manager, such fees shall be paid by the city but when a witness is subpoenaed at the instance of any other party to such proceeding, the City Manager may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the City Manager, in his or her discretion, may require a deposit to cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued through a court of record. Sec. 15-424. Attendance of witnesses and production of evidence to be compelled by Municipal or District Judge. Any Judge of the Municipal Court or the District Court,upon the application of the City Manager, may compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the City Manager, by an action for contempt or otherwise in the same manner as the production of evidence may be compelled before such court. Sec. 15-425. Depositions. The City Manager,or any party to an investigation or hearing before the City Manager,may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for depositions in civil actions in courts of this state and to that end compel the attendance of witnesses and the production of books,papers,records or memoranda. Sec. 15-426. Suspension or revocation of license. The City Manager may,after written notice of no less than ten(10)days and an opportunity for a hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke any license issued under this Article as he or she determines reasonably appropriate upon a finding that the licensee has failed to comply with any provision of this Article or has violated other applicable laws intended to protect public health,safety or the environment. No period of suspension shall exceed six(6)months in duration. In the event of a revocation of a license,the City Manager may further declare such licensee ineligible for licensure under this Article for a period of up to one (1) year from the date of revocation, if he or she reasonably determines that the circumstances so warrant. In lieu of suspension or revocation of a license under this section, or as a condition of future eligibility for licensure, if a licensee is declared ineligible for the same, the City Manager may establish reasonable terms and conditions for continuation of a license or such future eligibility. A license shall be subject to immediate suspension in the event of violation of any such terms and conditions for continuation of a license. Sec. 15-427. Notices. All written notices required to be mailed,served or given to any person under the provisions of this Article shall be hand delivered or mailed, postage prepaid, addressed to such person at the last known address of such person on file with the city and shall be deemed to have been received by such person when so mailed or delivered. Sec. 15-428. Review of decisions of the City Manager. The licensed collector or other person subject to final action of the City Manager under this Article may apply for review of such action in the Larimer County District Court in accordance with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than thirty(30)days after the date of the decision to be reviewed. See. 15-429. Violations. It shall be unlawful for any person to: (a) fail or refuse to make or file any record, report, application or other document required to be made or filed by this Article or to make any false or fraudulent record or report or any false or fraudulent statement in any such document; (b) operate as a solid waste collector within the corporate limits ofthe city without the license required by this Article or to continue to do business during a period of suspension of such license or after such license is revoked; or (c) aid or abet another in any attempt to evade any requirements imposed by this Article. Sec. 15-430. Other Remedies Unaffected. Nothing in this Article shall be construed to limit or forbid the city or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this Article,including,without limitation,the prosecution of violations of this Article pursuant to Code section 1-15. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2000, and to be presented for final passage on the 7th d y of March, A.D. 2000. Mayor" ATTEST: , City Clerk Passed and adopted on final reading this 7th day of March, A.D. 2000. Mayor ATTEST: City Clerk/ll