Tekoa municipal code table of contents



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8.16.030 – Accumulation of Refuse. It shall be the duty of every person in possession, charge, or in control of any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boarding house or eating place, or in possession, charge, or control of any shop, place of business or manufacturing establishment where garbage, refuse or swill is created or accumulated, at all times to keep or cause to be kept portable appurtenances, metal or other approved cans for the deposit of garbage and refuse, and to deposit or cause to be deposited the same therein.

It shall be the duty of the owner of any dwelling, flat, apartment house or trailer camp to furnish to or see that his tenants are supplied with such cans.

Such cans shall be constructed in such a manner as to be strong, watertight, not easily corrodible, rodent-proof, insect-proof, of not less than 15 and not more than 30 gallons capacity, shall have two handles at the sides thereof and tight-fitting lids. Such lids shall not be removed except when necessary to place garbage and refuse in such cans or take the same therefrom. When garbage and refuse is placed therein or taken therefrom, such lid shall be replaced by the person placing the same therein or taking the same therefrom. Such cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material.

Each garbage can shall be kept in a place and a manner designated by the Collector of Garbage.

Each garbage can shall be kept clean inside and out, so that not odor nuisance shall exist. The garbage collector shall place tags on garbage cans found to be in violation of this section, and notify the Whitman County Health Department. The tag shall have a perforated stub, with identification number and place for location and description.

This section is subject to the provision that in the case of isolated dwellings or places of business located in sparsely settled portions of the City, or where reasonable access cannot be had by truck, garbage and refuse therefrom may, upon special permit of the Collector of Refuse, be collected, removed, and disposed of in such a manner that said collector shall approve and direct.

Garbage and swill shall not be disposed of upon private premises by incineration.

Large suitable containers for both collection of garbage and refuse may with the approval of the

Collector of Refuse be used by hotels, restaurants, boarding houses, eating places, apartment

houses, schools and hospitals, and in the business district.

Waste paper or office supplies may be deposited in waste paper baskets and other suitable receptacles.

It shall be the duty of every person to cause such garbage and refuse to be removed and disposed of only by the Collector of Refuse.

It shall be the duty of every person in possession, charge or control or any dead animal or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed by said Collector of Refuse. (Ord. 525, §4, 4/5/1976).

8.16.040 – Dumping, Burning Prohibited.

(a) It shall be unlawful for any person to bury, burn, dump, collect, remove, or in any other manner dispose of garbage or swill upon any street, alley, public place or private property within the City of Tekoa, otherwise than as herein provided.

(b) It shall be unlawful for any person to bury or dump waste paper, boxes, rubbish and debris, brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens upon any street, alley or public place in the City of Tekoa.

(c) It shall be unlawful for any person to burn garbage or swill.

(d) It shall be unlawful for any person to burn waste paper, boxes, rubbish and debris, brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens or any other type of refuse except as provided in chapter 3.80 of the Tekoa Municipal Code. (Ord. 663, §1, 1997; Ord. 525, §5, 4/5/1976).

8.16.050 – Garbage Collection - Time. The Collector of Refuse shall collect, remove and dispose of all garbage and refuse in the residential sections of the City at least once each week, and from hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals, and in the business sections of the City. (Ord. 525, §6, 4/5/1976).

8.16.060 – Separation of Garbage. The City reserves the right to and may have the option to require the separation of paper or swill or other component parts of garbage, and may require the deposit thereof in separate cans or receptacles and may prescribe the methods of disposal thereof.

(Ord. 525, §7, 4/5/1976).



8.16.070 – Disposal of Swill. It shall be unlawful for any person, firm or corporation conducting any hotel, restaurant, or any other public eating place to deposit, throw or place swill or other refuse food matter in a lane, alley, street, or other public place, or to deposit, throw or place any swill upon any private property, regardless of ownership, unless said swill shall be enclosed in vessels or tanks of approved type by the Whitman County Health Department and which shall be perfectly watertight and shall have tightly fitting covers, which covers shall not be removed except when absolutely necessary for the depositing or removal of swill. Such vessels or tanks shall be kept in the rear of the premises or in the basement, or other place authorized by the Whitman County Health Department so as to be readily accessible for collection, and shall not be kept upon the street, alley, sidewalk, or other public place. All such tanks or vessels shall be promptly delivered to the Collector when called for and shall be returned by him without necessary delay, and no person, except for purposes of collection under license, shall in any manner interfere with said vessels or tanks with the contents thereof.

The City of Tekoa shall be and hereby is authorized and directed to enter into a contract with responsible persons, firm or corporation for the purpose of furnishing all necessary and proper equipment and vehicles for the collection, removal and deposition of swill subject to rules and regulations of, and in the manner directed by the Whitman County Health Department. (Ord. 525, §7, 4/5/1976).



8.16.080 – Disposal of Garbage and Other Refuse. All disposal of garbage and other refuse shall be by method or methods specifically approved by the Health Officer provided that said method or said methods shall include the maximum practicable rodent, insect, and nuisance control at the place or places of disposal, and provided further, that animal offal and carcasses of dead animals shall be buried or cremated as directed by the Health Officer, or shall be rendered at 40 pounds per square inch steam pressure or higher, or heated by equivalent cooking. (Ord. 525, §8, 4/5/1976).

8.16.090 – Collection Fee Authorized. The Collector of Refuse shall be entitled to charge and collect a fee from all persons serviced by the garbage collection and disposal service. Said fee shall be reasonable, and shall first be approved by the Washington State Utilities and Transportation Commission and the Tekoa City Council. A schedule of the various service charges and fees, and all additions and amendments thereto, shall be filed by the Collector of Refuse in the Office of the Tekoa Clerk-Treasurer. (Ord. 560, §2, 5/19/1980).

8.16.100 – Garbage Franchise Authorized. The Mayor and City Council are hereby empowered to enter into a contract with some suitable person or firm to have the exclusive right and franchise to collect and dispose of garbage, as Collector of Refuse, within the City of Tekoa. Said contract may be awarded without calling for bids, but shall not be for a period in excess of five (5) years. (Ord. 560, §2, 5/19/1980).

8.16.110 – Franchise Billing. The City Council may require the Collector of Refuse to bill and collect for its service charges itself or, in the discretion of the Council, may enter into an agreement with the Collector of Refuse whereby the City is responsible for the collection of such charges. Unless otherwise agreed by the City Council under the terms of a written contract with a private garbage collection and disposal franchise, the City of Tekoa shall not be liable to the Collector of Refuse for any user’s failure of refusal to pay the collector’s service charges.

(Ord. 674, §2, 1998; Ord. 560, §2, 5/19/1980).



8.16.115 – Process for Billing by City. In the event that the City enters into an agreement with the Collector of Refuse to provide billing and collection services as provided in Tekoa Municipal Code §8.16.110, above, the following shall apply:

(1) All charges for garbage services each month shall be billed as of the last day of the month, and shall be due not later than the 25th day of the following month, except charges for dumpsters exceeding 90 gallons in volume provided to non-commercial customers shall be due and payable in advance, prior to placement of the dumpster on the customer’s property.

(2) Garbage bills shall be paid to the City Clerk/Treasurer.

(3) If a bill for garbage service is not paid when due, it shall be considered delinquent and a late charge will be fixed as from time-to-time, fixed by resolution of the City Council. The late charge will be included and become part of the delinquent payment for garbage service.

(4) The City shall combine the billing for garbage services with its normal, monthly water and sewer billings.

(5) All sums received by the City in payment of the combined garbage/water/sewer billing shall be applied as follows:

(a) first, to any garbage charges;

(b) second, to any sewer charges; and

(c) third, to any water charges. (Ord. 670, §1, 1997; Ord. 817, §1, 11/17/2014).

8.16.120 – Lien Authorized. The City of Tekoa and the Collector of Refuse shall have a lien for unpaid garbage collection and disposal charges authorized hereunder against the property for which said garbage collection service is rendered whether furnished at the instance of the owner of the property, or at the instance of any lawful occupier. Said lien shall be claimed and enforced as follows:

(a) In order to claim a lien hereunder, the Collector of Refuse or the City of Tekoa, whichever is in charge of collecting the service fee, shall file for record with the Whitman County Auditor, a Claim of Lien. Said Claim of Lien shall be filed within ninety (90) days from the last date garbage collection service was provided to the property in question, and shall state, as nearly as possible, the following information:

(1) The date (s) garbage collection services were provided and for which remain unpaid;

(2)The name and address of the person to whom the garbage collection service was rendered;

(3) The name and address of the person or firm providing the garbage collection service, and the

address of the person or firm collecting the service charge;

(4) The legal description of the property to which the garbage collection service was performed;

(5) The name and address of the owners and occupiers of the property; and

(6) The amount for which the lien is claimed.

(b) A copy of the Claim of Lien shall also be sent by registered or certified mail, return receipt requested, to the last known address of both the owner of said property and also to the occupier.

(c) No lien created under this ordinance shall bind the property subject to the lien for a longer period than eight (8) months after the claim has been filed unless an action is commenced in the Whitman County Superior Court within that time to enforce such lien.

(d) Pursuant to R.C.W. 35.21.140, the lien authorized hereunder shall be foreclosed in the manner and within the time prescribed for liens for labor and material under R.C.W. 60.04, Mechanics and Materialmen’s Liens, and the City of Tekoa shall have all rights and remedies provided thereunder.

(e) Nothing contained in this chapter shall be construed to impair or affect the right of the City of Tekoa or the Collector of Refuse to maintain a personal action to recover any delinquent and unpaid debt for garbage collection and disposal service. (Ord. 560, §; 5/19/1980).

CHAPTER 8.20

WEED CONTROL

Sections:

8.20.010 – Declaration of Public Nuisance

8.20.020 – Removal

8.20.030 – Enforcement

8.20.040 – Notice

8.20.050 – Abatement by City



8.20.010 – Declaration of Public Nuisance. Maintenance of any of the following conditions within the City limits of Tekoa is hereby declared to be a public nuisance:

(a) To cause, suffer, or allow any noxious weeds as designated by the Washington State Noxious Weed Control Board pursuant to R.C.W. Chapter 17.10 to grow on any private property; or

(b) To allow trees, plants, shrubs or vegetation or parts thereof to so overhang on any public sidewalk or street, or to grow thereon in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public; and

(c) To maintain grass, weeds, shrubs, brush, trees, or other vegetation either growing or dead, in such a manner as to constitute a fire hazard or a menace to public health, safety, or welfare. (Ord. 554, §1; 7/17/1978).



8.20.020 – Removal. All weeds and/or vegetation shall be removed from the premises or destroyed by the owners or occupiers thereof before the same shall constitute a public nuisance as defined in this chapter. (Ord. 554, §2; 7/17/1978).

8.20.030 – Enforcement. The City Clerk shall enforce this ordinance, and if any property owner fails or refuses to abate any such nuisance as contemplated by section one, the City Council may, be resolution, require such property owner or occupier, in addition or in the alternative to the penalties prescribed law, to abate the nuisance by removal, or destruction, at his or her own costs or expense, within time specified in the resolution; and if the removal or destruction is not made by such owner or occupier within the time specified, the City Council may abate the same as provided in this chapter. (Ord. 554, §4; 7/17/1978).

8.20.040 – Notice. The resolution authorized in section 8.20.030 shall not be passed until the property owner and occupiers given at least five days’ notice of the pendency of the proposed resolution. Such notice shall be given by the City Clerk by mailing a copy of the notice to the owner as shown on the records of the County Treasurer and at the address known thereon; and if no owner or address is shown, a copy of the notice shall be posted upon the property, and also published in one copy of the official city newspaper. The mailing, posting, and publication shall be made at least five days before the resolution is adopted, and the resolution shall describe the property involved, the nature of the condition constituting the nuisance, and shall order its abatement within the specified period of time. (Ord. 554, §5; 7/17/1978).

8.20.050 – Abatement by the City. If the nuisance is not abated by removal or destruction by the property owner or occupier within the time fixed in the resolution, said time to be not less than five days, then the City Council shall cause the abatement of the same, either by the City itself or by private contract and shall render a bill covering the cost to the City of such abatement, and shall mail the bill to the property owner. If the property owner fails or refuses to pay the bill immediately, or if no bill is rendered because the property owner cannot be found, the City Clerk in the name of the City may file a lien therefore against said property which lien shall be in the same form, filed with the same officer, and within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. (Ord. 554, §6; 7/17/1978).

**Compiler’s Note: See Chapter 8.26 for provisions regulating junk vehicles.

Prior Sections: Prior sections 8.24.020, 035, 050, 070, and 080 were repealed by Ordinance No. 726, adopted 2/18/2003.

CHAPTER 8.24

JUNK CONTROL

Sections:

8.24.010 – Junk Storage & Nuisance

8.24.020 – Storage of Inoperative Vehicles a Nuisance

8.24.030 – Junk – Defined

8.24.350 – Junk Vehicles – Parts Cars – Permit Authorizing

8.24.040 – Notices – Fine -- Cleanup

8.24.050 – Automobile Wrecking Business Accepted

8.24.060 – Abatement

8.24.070 – Abandoned and Inoperative Vehicles

8.24.080 – Sale of Vehicles Authorized



8.24.010 – Junk Storage a Nuisance. It is hereby made unlawful for any person to keep or store or to permit any other person to keep or store any junk on privately owned property within the City of Tekoa, or to keep or store any junk in a building that is not wholly enclosed, except for doors for ingress and egress, and any person violating this chapter shall be guilty of maintaining a nuisance. (Ord. 436, §1; 6/7/1971).

8.24.020 – Storage of Inoperative Vehicles a Nuisances. It shall be unlawful for any person who is the owner or in possession of any motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts and mechanisms and/or the application of a substantial amount of labor to effect repairs to allow the same to be positioned, parked or stored on any public street or way within the City of Tekoa for a period of more than forty-eight (48) hours, and any person violating this chapter shall be guilty of maintaining a nuisance.

(Ord. 436, §1, 6/7/1971).



8.24.030 – Junk – Defined. That for the purposes of this ordinance, “junk” is hereby defined to include all old appliances or parts thereof, all old iron or other metal, glass, paper, cardboard, old lumber, old wood, mattresses, concrete and all other waste discarded material, together with all abandoned motor vehicles and all motor vehicles meeting at least three of the following requirements:

(a) is three years old or older;

(b) is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission;

(c) is apparently inoperable;

(d) has an approximate fair market value equal only to the approximate value of the scrap in it.

(e) is not currently licensed. (Ord. 635, §1; 10/17/1994, Ord. 813, §1, 5/19/2014).



8.24.035 – Junk Vehicles – Parts Cars – Permit Authorizing. The City Council recognizes that certain motor vehicles meeting the definition of “junk” as defined in §8.24.030, above, are sometimes necessary for the restoration of another motor vehicle, such vehicles being used as donor or “parts cars” to complete the restoration. While such vehicles otherwise meet the definition of “junk,” they are typically stored on a temporary basis, in such a manner so as to minimize their otherwise objectionable, “junk” appearance. The City Council also recognizes that the temporary storage of such vehicles, on a limited, restricted basis, may not have an adverse impact upon the neighborhood within which it is kept. Accordingly, notwithstanding any provisions in this chapter to the contrary, anyone may petition the City Council for a permit to keep and store on property in his or her possession not more than one motor vehicle meeting the definition of a “junk” vehicle. The petition shall include a photograph of the vehicle, and of the intended area of storage. Upon receipt of the petition by the City Clerk, a hearing thereon before the City Council shall be scheduled. The hearing shall be held not more than 60 days after receipt of the petition. The Clerk shall also provide written notice of the hearing to any person (or head of household) residing within 300 feet of the proposed area of storage. At the hearing, the Council shall hear comments from interested persons. The Council shall then either authorize or deny the requested permit. If the permit is authorized, it shall include such restrictions as the Council may deem reasonable and necessary to minimize the impact of the vehicle on the surrounding areas. The permit shall be valid for a single, non-renewable period not to exceed 36 months. The applicant shall pay a $25.00 fee for the permit, due and payable prior to issuance of the permit. Should there be any violation of the permit at any time, it shall immediately terminate, without notice and without proceedings. (Ord. 689, §1, 1999).

8.24.040 – Notice – Citation - Fine. Before any person is charged with a violation of this chapter s/he shall have been served notice by the City Clerk, code enforcement, or law enforcement officer that a citation for such violation will be issued, notifying the person that, if the violation is not cured or substantial action has not been taken to cure the violation within five days thereafter, the person shall be subject to citation for the violation. The notice shall be written and may either be served on the person personally, or it may be mailed to the person by first class mail, certified, return receipt requested and by regular, first class mail, postage prepaid. In the case of a junk vehicle, a notice shall also be affixed to the vehicle in a prominent location. If mailed, the notice shall be addressed to the person at the address to which City water and sewer bills are sent to the person, if applicable, and otherwise to the last known address of the person as maintained by the Department of Licensing or the Whitman County Assessor. (Ord. 436, §3; 6/7/1971; Ord. 793, §1; 6/20/2011; Ord. 813, §2, 5/19/2014).

8.24.050 – Automobile Wrecking Businesses Excepted. This chapter shall not apply to any automobile wrecking business located in Tekoa, provided that all junk and wrecked motor vehicles or parts thereof are screened behind proper fences, nor shall it apply to any appliance dealer who had screened his old appliances from general view and from access by children or trespassers, nor to material stored on premises of any manufacturing enterprise for use in connection with such enterprise. (Ord. 436, §4; 6/7/1971).

8.24.060 – Abatement. In addition to any other remedy or penalty upon a violation of this chapter, the Court may order such nuisance abated by causing removal of such junk or abandoned or inoperative vehicle either by the defendant or other person, or by the use of City employees or contractor hired by the City. Any charges or costs incurred by the City for such work shall be borne by the defendant and, with respect to any real estate involved in the clean up, such charges and costs shall constitute a lien on the real estate. (Ord. 436, §5; 6/7/1971; Ord. 813, §3, 5/19/2014 ).

8.24.070 – Abandoned and Inoperative Vehicles. In the event of an abandoned or inoperative motor vehicle remaining on the streets of the City of Tekoa for more than forty-eight (48) hours, the City Clerk shall determine the legal and/or registered owner and shall give notice by registered or certified mail that such owner shall have thirty (30) days to remove the same, that a complaint is contemplated, and copies of such letters shall be kept and filed in Court with any complaint filed under this section. (Ord. 436, §6; 6/7/1971).

8.24.080 – Sale of Vehicles Authorized. If at the conclusion of thirty days after the sending of the notice as required in section 8.24.060, such motor vehicle has not been removed, the police department shall sell the same at public auction to the highest bidder with notices thereof being posted at three prominent places within the City of Tekoa, and a like notice affixed to the abandoned vehicle, all not less than three days prior to the date of such auction.

The proceeds of such sale, after the deduction of the costs of the same and any towing and storage charges, shall be given to the City of Tekoa for maintenance and repair of the City streets. Should the amount bid at such auction be insufficient to pay any charges or costs of sale or towing or storage charges, the City or any towing truck operator shall be entitled to assert a claim for any deficiency, not to exceed $100.00 less the amount bit at the auction, against the last registered owner of such vehicle. A registered owner who has complied with R.C.W. 46.52.104 in the transfer of ownership of the vehicle shall be relieved of liability under this section. (Ord. 436, §7; 6/7/1971).





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