HomeMy WebLinkAbout053 - 04/20/2004 - AMENDING THE CITY CODE RELATING TO THE COLLECTION OF GARBAGE AND REFUSE ORDINANCE NO. 053, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 12, ARTICLE II
OF THE CODE OF THE CITY OF FORT COLLINS RELATING
TO COLLECTION OF GARBAGE AND REFUSE
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and repealed and reenacted, and are now set out in Chapter 15, Article XV of the Code of the City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 order to clarify the application of the pay-as-you-throw system to group
accounts, and to provide more specific guidance as to how group accounts must be administered in
order to accomplish the pay-as-you-throw objectives embodied in the Code, staff is recommending
that the Council adopt the proposed amendments to the existing Code provisions, as set forth in
Ordinance No. 025, 2004, presented for Council approval of even date herewith; and
WHEREAS, in connection with its initial consideration of proposed Ordinance No. 025,
2004, the Council determined that the purposes of that Ordinance would be furthered by enacting
a Code provision affirmatively requiring persons arranging for group accounts for solid waste
hauling services to arrange those accounts in a manner consistent with the volume based service
requirements of Chapter 15 of the City Code.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 12-17 of the Code of the City of Fort Collins be amended to read
as follows:
Sec. 12-17. Purpose and policy.
The purpose of this Article is to protect the public health, safety and welfare by
regulating the accumulation, storage, transportation and disposal of refuse and
rubbish to prevent conditions that may create fire, health or safety hazards, harbor
undesirable pests or impair the aesthetic appearance of the neighborhood, and to
further the volume-based service requirements for collection of solid waste set forth
in Article XV of Chapter 15 of this Code. The City Council shall use every means
at its disposal, including its police powers, for the enforcement of this Article.
Section 2. That a new Section 12-19 be added to Chapter 12, Article II of the Code of
the City of Fort Collins, to read as follows:
Sec. 12-19. Group accounts for collection.
(a) Any person who solicits solid waste collection services from a solid waste
collector for residential customers through a group account shallarrange for such
services in a manner that offers residential customers:
(1) choices from amongst volume capacity categories ofthe containers of solid
waste that are placed for collection by the residential customer; and
(2) charges to residential customers that are based upon such volume capacity
categories
(b) Any person who is subject to the requirements of subsection(a)above shall
provide written notice of such volume capacity categories and volume based rates
to all residential customers served through the group account. Said notice shall be
given to all such residential customers no more than thirty (30) days after such
volume capacity categories and related rates have been provided by a solid waste
collector. In addition, written notices shall be sent to all new residential customers
who join the group account after the date of the original notice. Said additional
notices shall be given to each new member no more than ten(10)days after the new
member joins the group account. A copy of the form of each such notice, a list of
recipients of the notice, and a record of the date and manner of distribution, shall be
retained by the person providing the notice for a period of five (5) years from the
date each notice was provided,and shall be made available to the city for inspection
upon request during said period of time.
(c) No person who is subject to the provisions of subsection(a)above shall in
any way discourage, or provide disincentives to, any current or prospective
residential customer served through a group account who wishes to select a volume
capacity category that is different from that selected by other residential customers
served through such account.
(d) For the purposes of this Section,the terms contained herein shall have the
same meaning as in § 15-411.
Section 3. That all remaining sections of Article II of Chapter 12 of the Code of the City
of Fort Collins be renumbered accordingly.
Introduced, considered favorably on first reading, and ordered published this 6th day of
April, A.D. 2004, and to be presented for final passage on the 20th day of '1, A.D. 2004.
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of April, A.D. 04.
Mayo
ATXEST:
City(-`�LN1C1`llerk