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Home My WebLink About09249 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 12, 2018 TO: Christopher A. Nicoll and Members of City Council VIA: Brenda Armijo, Acting City Clerk FROM: Sam Azad, City Manager Karen Wilson, Code Enforcement Manager Trevor Gloss, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE UPDATING REQUIREMENTS FOR STORAGE AND HAULING OF TRASH SUMMARY: Attached for consideration is an amendment to Title VII of the Pueblo Municipal Code updating requirements related to the storage and hauling of trash. PREVIOUS COUNCIL ACTION: City Council has discussed and debated the need for changes to the Pueblo Municipal Code with regards to the storage and elimination of litter in the City, and has requested an Ordinance to that effect. BACKGROUND: There are multiple recurring nuisances within the City where property owners or residents have not properly disposed of the trash on their property, creating issues for public health, safety, and welfare. The proposed changes will help to curb these nuisances and better the health and welfare of the City of Pueblo. FINANCIAL IMPLICATIONS: The personnel and other costs associated with enforcing this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, Title VII of the Pueblo Municipal Code will not be amended to reflect the proposed changes. RECOMMENDATION: None. Attachments: Proposed Ordinance ORDINANCE NO. 9249 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE UPDATING REQUIREMENTS FOR STORAGE AND HAULING OF TRASH WHEREAS, City Council is committed to protecting the health, safety and welfare of the public; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 7-3-1 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-3-1. - Definitions. For the purpose of this Article, the following words shall have the meanings herein set forth: . . . (9) means a location to keep containers and receptacles that is Storage area always out of the public right of way and generally shielded from public view, including but not limited to garages, backyards, sheds, or other enclosures. Should a person be unable to shield the containers and receptacles from public view, the person may keep said containers within five (5) feet of the residence or business, preferably to the side of or behind the structure. Storage areas must provide adequate space for the storage of trash and recyclables. SECTION 2. Section 7-3-5 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-3-5. - Unlawful not to remove, charges, lien. (a) It shall be unlawful for any person owning or occupying real property in the City or his or her agent or representative to fail or refuse to remove all litter, trash, rubbish and debris from such property, including litter in the gutter in the front, on the sides of and to the center of the alley behind such real property. All litter shall be removed from such real property immediately upon the accumulation of the same. (b) If the owner or occupant of such real property is given notice of not less than ten (10) days, and shall fail or refuse to remove all such debris, trash, litter and rubbish from such property and dispose of the same, the City Manager is authorized to cause the abatement and removal of such litter, debris, trash and rubbish from said real property. The cost of such abatement and removal plus twenty-five percent (25%) for incidental costs plus interest at the rate of ten percent (10%) per annum shall be charged against the property or the owner or the occupant of such property. A bill for such expense shall be mailed to the owner or occupant of the property. The cost of such abatement and removal and such incidental costs, plus interest at the rate of ten percent (10%) per annum, shall be assessed jointly and severally against the owner and occupant of such property. The City may pursue all civil collection remedies and recover the amount of such charges together with all collection expenses, including reasonable attorneys' fees and costs. In addition, upon recording a verified statement by the City Manager in the office of the County Clerk and Recorder to show such costs and describing the property, such assessment shall be and constitute a perpetual lien on the property having priority over all other liens except general tax liens and shall remain in full force and effect until such charges and interest have been paid in full. In case such assessment lien is not paid within six (6) months of recording, the assessment may be certified by the City Clerk to the county treasurer who shall collect the assessment, together with a ten percent (10%) penalty for cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments. All remedies provided in this Chapter are cumulative. (c) Notwithstanding the provisions of Subsection (a) above and as an additional obligation to remove litter, trash, rubbish and debris from real property, the occupant and the owner of any real property wherein or whereon litter, trash, rubbish or debris is produced or accumulated shall be jointly and severally responsible to provide collection services and removal of litter, trash, rubbish and debris at least every seven (7) days. Collection services shall not be contracted or arranged except with solid waste collectors licensed by the City. An individual may dispose of his or her own litter, trash, rubbish and debris, provided that it is properly disposed of Should the City investigate a at a disposal site which is certified and approved by any state. property for violation of this Chapter, the owner or occupant must produce upon City’s request a contract, invoice, or receipt for collection services or dump slip, receipt, or other proof, that litter, trash, rubbish and debris are being removed at least every seven (7) days. It shall be unlawful for an owner or occupant to refuse or fail to provide such evidence of disposal upon City’s request. (d) All movable containers and recyclable materials shall be kept in a storage area, except upon collection day, when they may be placed for collection at the curb or upon the edge of the alley. Following collection, all containers shall be returned to the storage area the same day. Containers and recyclable materials shall not, at any time, be placed on the sidewalk, in the Should street, or in such a manner as to impair or obstruct pedestrian, bicycle or vehicular traffic. a container or receptacle tear, break, spill, or otherwise leak its contents prior to collection, the litter must be attended to as soon as possible and the receptacle replaced if necessary. Failure to attend to any litter or receptacles shall be a violation of this Chapter. SECTION 3. Section 7-3-16 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-3-16. - Penalties for violation. The following provisions shall apply to a violation of any of the provisions of this Chapter: (1) It is unlawful and a municipal offense for any person to violate any of the provisions of this Chapter. (2) Every person convicted of a violation of any of the provisions of this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or both by such fine and imprisonment. (3) In addition to the penalties provided herein, any person convicted of a violation of the provisions of this Chapter shall be assessed a fee to be known as the Community Solid Waste Clean-up Surcharge in the amount of fifty dollars ($50.00). The community solid waste clean-up surcharge shall be imposed at the time of conviction and may not be suspended or waived by the Court unless the Court makes a bona fide finding based upon reliable documentation submitted by defendant, that defendant is indigent. For purposes of this Subsection, conviction shall include all guilty pleas, findings of guilt and deferred sentences entered on any violation of this Chapter. The Community Solid Waste Clean-up Surcharge shall be collected by the Municipal Court and paid into the City's general fund. The Community Solid Waste Clean-up Surcharge as set forth herein may be changed from time to time by resolution of City Council. (4) Every real property owner remains liable for violations of obligations imposed upon an owner by this Chapter even though an obligation is also imposed on the occupant of the property and even though the owner has by agreement imposed on the occupant the duty of In addition to the maintaining the property or furnishing required containers and collection. penalties provided herein, the Municipal Court in its discretion may require any property owner convicted of a violation of this Chapter to pay a licensed solid waste collector for collection services to be provided in compliance with this Chapter, where said requirement shall be probationary and for no longer than one (1) year. (5) Reserved. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to implement the policies and procedures described herein. SECTION 5. This Ordinance shall become effective thirty (30) days following final passage and approval. INTRODUCED March 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: March 26, 2018