HomeMy WebLinkAboutOrd.347.06-18-1986BILL NO.. 86-84
ORDINANCE NO. 3 �1
AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY
CODE BY ESTABLISHING RESIDENTIAL SOLID WASTE
COLLECTION FEES; INCREASING COMMERCIAL SOLID
WASTE COLLECTION FEES AND LANDFILL FEES;
ELIMINATING REAR DOOR COLLECTION SERVICE;
ESTABLISHING FEE COLLECTION PROCEDURES AND
PROVIDING PENALTIES FOR LATE PAYMENT AND
NONPAYMENT OF FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. Section 13-18 of the Code of Ordinances of the
.City of Cape Girardeau, Missouri, is hereby repealed.
SECTION 2. A new Section 13-18 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, is hereby enacted to
read as follows:
Sec. 13-18. Collection of solid waste; residential
and commercial.
(a) Every owner or occupant of a residential dwelling
unit within the city limits shall receive solid
waste collection service and tender payment
therefor in accordance with the fees established
in this Article. The owners and occupants of
individual premises receiving solid waste
collection service shall be jointly and severally
liable to pay such fees. The City shall have the
power to file civil suit ' against owners,
occupants or both to recover all sums due and, in
addition thereto, reasonable attorney's fees.
(b) The City, may, at its discretion, provide
commercial solid waste collection services upon
specific application by the owners or persons in
charge thereof. However, in., the event such
application is not made or approved, it shall be
the duty of such commercial establishment to
provide for collection ofall solid waste
produced upon such premises, and to dispose of
said waste in a lawful manner.
SECTION 3. .Section 13-24 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby repealed.
SECTION 4. A new Section 13-24 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, is hereby enacted to
read as follows:
Sec. 13-24. Disposal of waste; fee.
(a) Solid waste shall be disposed of at a processing
facility or disposal area approved by the City
and shall comply with the requirements of the
Missouri Department of Natural Resources. The
City may classify certain wastes as hazardous and
shall order disposal in a manner which will meet
all local, state and federal regulations.
(b) Charges for use of the City landfill shall be at
the rate of $3.00 per cubic yard or fraction
thereof.
SECTION 5. Section 13-32 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby repealed.
SECTION 6. Section 13-33 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby repealed.
SECTION 7. A new Section 13-33 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, is hereby enacted to
read as follows:
Sec. 13-33. Solid waste collection fees.
(a) The monthly solid waste collection fee for
residential customers shall be $4.85 per dwelling
unit.
(b) The monthly solid waste collection fee for
commercial customers using storage containers
shall be as shown in the following tables:
TABLE ONE: BULK CONTAINERS
I
MONTHLY CHARGE FOR
MONTHLY CHARGE FOR EACH
CONTAINER
ONE
COLLECTION
ADDITIONAL COLLECTION
SIZE
PER
WEEK
PER WEEK
1.0
Cubic
Yard
$
13.50
$ 7.00
1.5
Cubic
Yard
$
17.00
$10.00
2.0
Cubic
Yard
$
20.00
$13.00
3.0
Cubic
Yard
$
25.50
$19.00
4.0
Cubic
Yard
$
29.50
$21.50
6.0
Cubic
Yard
$
39.00
$25.00
8.0
Cubic
Yard
$
49.00
$32.00
TABLE TWO: 32 GALLON CONTAINERS
MONTHLY CHARGE PER NUMBER OF
NUMBER OF CONTAINERS WEEKLY COLLECTIONS
1 $
3.00
2 $
3.50
3 $
4.50
4 $
5.00
5 $
5.50
6 $
6.00
(c) The solid waste collection fee for commercial
customers for hand pickup shall. be at the rate of
$.50 per collection minute but not less than
$5.00 per month.
(d) Commercial customers with privately owned
compactors 8 cubic yards or less will be charged
a solid waste collection fee at the rate of $2.00
times the rated yardage of the container per
pickup. Commercial customers with privately
owned compactors larger than 8 cubic yards will
be charged a solid waste collection fee at the
rate of $3.25 times the rated yardage of the
container per pickup.
(e) Commercial customers with overloaded containers
shall pay a solid waste collection fee at the
hand pickup rate for such overload.
(f) The solid waste collection fee for special
commercial pickups shall be at the hand pickup
rate.
(g) The fees established in subsections (a), (b), (c)
and (d) shall be payable monthly in advance. The
fees established in subsections (e) and (f) shall
be payable monthly in arrears.
SECTION 8. Section 13-34 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby renumbered Section
13-37.
SECTION 9. A new Section 13-34 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, is hereby enacted to
read as follows:
Sec. 13-34. Billing; payment; delinquency; penalty.
(a) The City Finance Director, or such other officer
or representative of the City as may be
designated from time to time, shall be
responsible for calculating the amount of and
rendering bills for the fees established in this
Article.
(b) All bills issued under this Article shall be due
and payable within ten (10) days of mailing
thereof; those accounts not paid in accordance
therewith, shall be deemed delinquent. All
accounts which have been delinquent for
twenty-one (21) days or longer shall be charged a
ten (10) per cent penalty. The date of penalty
and the amount thereof shall be shown on the face
of the bill.
(c) The City Finance Director shall keep a list of
all delinquent solid waste collection service
` accounts. The list shall include a legal
description of .the real property provided with
solid waste collection service and the amount of
the charge plus penalty remaining unpaid.
Delinquent solid waste collection service
accounts so listed shall constitute a lien upon
the real property so served. The lien shall be
enforced and the amounts owing shall be collected
in the same manner as delinquent real estate
taxes.
SECTION 10. A new Section 13-35 of the Code of ordinances
of the City of Cape Girardeau, Missouri, is hereby enacted to
read as follows:
Sec. 13-35. Termination of solid waste collection
service.
In the event an account declared delinquent has not
been paid in full within one (1) month of the initial
due date, the City may terminate solid waste
collection service to such premises.
SECTION 11. A new Section 13-35 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, is hereby enacted to
read as follows:
Sec. 13-36. Failure to pay fees; penalty.
It shall be unlawful for any person properly charged
for fees established in this Article to fail to pay
such fees and such offense shall be punished by a fine
not exceeding $500.00.
SECTION 12. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 13. The repeal of Section 13-18 provided for in
Section 1 hereof, the repeal of Section 13-24 provided for in
Section 3 hereof, the repeal of Section 13-32 provided for in
Section 5 hereof and the repeal of Section 13-33 provided for
in Section 6 hereof shall not affect any service charge or fee
imposed or any offense committed or any penalty incurred before
the effective date of this ordinance.
SECTION 14. This ordinance shall not become effective
unless a majority of the qualified voters of the City voting in
the August 5, 1986 special election approves the levy of the
fees set forth in this ordinance. if a majority of such voters
approve the levy, this ordinance shall be in full force and
effect from and after September 1, 1986.
PASSED AND APPROVED THIS DAY OF , 1986.
Prancis�.Rhodes, Mayor
ATTEST:
Alvin M. Stoverink, City Clerk