HomeMy WebLinkAbout06859ORDINANCE NO. 6859
AN ORDINANCE AMENDING TITLE VII OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION
OF CHAPTER 7 THERETO RELATING TO SOLID WASTE SERVICE CHARGES, FIXING AND
IMPOSING SOLID WASTE SERVICE CHARGES ON USERS OF SOLID WASTE DISPOSAL SITES
AND FACILITIES, REQUIRING THE OPERATORS OF SOLID WASTE DISPOSAL SITES AND
FACILITIES TO COLLECT SOLID WASTE SERVICE CHARGES; AND PROVIDING PENALTIES
FOR VIOLATION THEREOF
WHEREAS, Section 30 -20 -115, C.R.S. authorizes the City Council of the City of Pueblo to fix,
modify and collect service charges from users of solid waste disposal sites and facilities located within
the City for the purpose of financing solid waste management within the City. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City Council does hereby find and determine that the imposition and collection of solid
waste service charges from the users of solid waste disposal sites and facilities by the operators
thereof for the purpose of financing solid waste management within the City will promote the public
health, safety and welfare.
SECTION 2
Title VII of the Pueblo Municipal Code is amended by the addition of the following new Chapter
7
CHAPTER 7
Solid Waste Service Charges
Sec. 7-7-1. Definitions.
() "Certificate of designation" means a certificate to operate a facility issued
pursuant to Chapter 12 of Title IV of this Code.
"Facility" means a solid waste disposal site and facility for which a certifica of
designation has issued.
u "Operator" means the person who has been issued a certificate of de signation
to operate a facility.
JAI "Service charge" means twenty -five cents ($0.25) for each cubic yard of solid
waste delivered to a facility for disposal Each ton of compacted or bailed solid waste shall be
deemed to be the equivalent of four (4) cubic yards of solid wa ste.
Le) "User' means a person who delivers solid waste to a facility for disp osal.
Sec 7 -7 -2 Payment of service charges.
O n and after October 1 2002 each user shall pay the service charge at the time the
user delivers solid waste to a facility.
Sec 7 -7 -3 Collection of service charge.
u The operator of a facility shall collect the service charge fro eac user at the
time solid waste is delivered to the facility.
The op erator shall by the last day of the calendar month follo the end of
each ca l e ndar guarter transmit and deliver all service charges colle during such calendar
qua rter, less two percent (2 %) of the service charges collected a a fee to defer the cost of
collection to the Director of Finance together with such reporting forms as the Director of
Finance shall prescribe.
Lc) In addi tion to any fine imposed for violations of this Chapte any operat who
fails to collect o r transmit service charges within the time specified in subsection (b) above
shall be liab for payment of a civil penalty of ten percent (10 % o the total amoun of service
charges uncollected or untransmitted. An action to collect the uncollected or untransmitted
service c harges and civil penalty may be instituted in any court o compet iurisdiction. The
court in any such action shall award the City all its costs of collec includi reasonable
attorney fees.
Sec. 7-7-4. Penalties.
Any person who shall violate any provision of this Chapter shall be g uilty of a Class 2
municipal offense and punished as provided by Section 11- 1- 10 3(c) of this Code.
SECTION 3
Pursuant to Section 7 -21 of the Charter of the City of Pueblo, there is hereby created a Special
Fund to be known as the "Solid Waste Service Charge Fund" to be held separate and apart from the
general fund of the City of Pueblo. All funds collected from the solid waste service charges imposed
by Chapter 7 of Title VII of the Pueblo Municipal Code shall be credited to the Solid Waste Service
Charge Fund and be appropriated and expended for solid waste management within the City in such
amounts, at such times, and for such solid waste management purposes within the City as the City
Council shall determine.
SECTION 4
The officers of the City of Pueblo are authorized and directed to take all action necessary,
appropriate or required to effectuate the provisions of this Ordinance.
SECTION 5
If any provision of this Ordinance shall be determined to be invalid, inoperative or
unenforceable, such determination shall not affect any other provision or provisions of this Ordinance
or render same invalid, inoperative or unenforceable to any extent whatsoever.
SECTION 6
This Ordinance shall become effective upon final approval and passage.
INTRODUCED June 24 2002
BY At Gurule
Councilperson
APPROVED:
resident of City Council
ATTEST:
City C
PASSED AND APPROVED: July 22 2002