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HomeMy WebLinkAboutORDINANCE 0024-1962CITY O? .~.ENA I O~X~N~ ~.24 $'/I~RBAS, in the City of Kenai, Alaska~ there are~ or may in the £uture be, refuse storage, collection or disposal practices ~hich are so unsa£e or dangerous as to constitute a menace to health and safety of the residents o£ the City of Kenai: Section i - De£i_.._~niti__on.~s: (a) Persons shall mean any institution or corporation, individual partnership or other entity; (b) PFe~is~a shall mean land, buildings, or other structures~ vehicles~ watercraft, or part thereof upon or in which re. fuse is stored; (c) Refuse shall mean all solid wastes of the community, including garbage, ashes, rubbish, dead animals, street clean- ings, and solid market and iraustrtal wastes, but not including body wastes; (d) Re__$ponsible Authority shall be the designat~d authority of the City of Kenai, Alaska ~koehall be directed to implement and enforce the provisions of this ordinance, in person or by authorized representative. This said responsible authority shall be the City Clerk, unless otherwise designated by resolution. Section 2 - Responsibilities of City Clerk. The City Clerk of Kenai, Alaska i~ order' ~o protect the health and sa£ety of its residents~ shall implcment and enforce the provisions of this ordinance, to control the storage, collection, and disposal of refuse within the limits of tho City of Kenai, Alaska to provide public collection and refuse disposal servicer so the type and usual quantity of r~use can be safely and expeditiously handled by 2uch a public collection and r~i'use disposal service, and/or to approve4 and fe~uiate the establishment, maintenanc~ a~i op~fatlon of private collection and re,use disposal methods and sites. Section 3 - Finances. (a) The City Council of the City of Ken&i, Alaska may irom time to ti~e, as required in the public interest, appropriate money for the equipment for the collection and disposal of refuse, and ~or the establishmentt maintenance, and ope~ation of refuse collection systems and ~e- fuse disposal methods and sites or authorize such activities by a private party, or parties, for refuse collection and refuse disposal methods and sites. (b) Re,use service charges within the CityofKenai, Ala~i are authorized and will follow the £erms and rates as promulgated by the City Council of the City of Kenat, Alaska by resolution. Said resolution to specify, but not by ~ay o£ limitation, the rate to charge household dwellings, business, industry, etc., time and place of payment and such other requirements as may be necessary to establish, maintain and operate re,use collection systems and refuse disposal methods and sites, or provider or the private operation thereo~o 'i' Section 4. Permits. It shall be unlawful for any person v/ho does not possess an unrev0k~d ~e'rmit from the City Council to engage in the businesss of refuse collection, or ,eft, as disposal for compensation within the City of Kenai, Alaska. Such permit shall continue in force, and be limited to persons having proper equipment and personnel to collect and dispose o£ re. fuse in accordance with the provisions o£ this ordinance and such regula- tions as may be promulgated thereunder. (a) Every person desiring to engage in the collection and/or disposal of re. fuse shall make written application to the City Council settin~ forth the name of such person,, the resident address, the description of the equip- ment to be used in such collection and/or disposal of such refuse. Upon assr,vaX of such av~lication., a permit shall be issued to the applicant. The -- ._~ ~ ~. ........ ~.,. :_..~.,..~ +~ +t.. ~i+~, ~ lanai. Alaska and the applicant shall deposit with the City Clexk a surety bond in the penal sum o~ $5,000.00 conditioned upon the applicant*s being able to faith- fully and continuously provide garbage ct, ilc~£on service specified in the pet~ntt approved by the Council. (b) A permit issued under this ordinance shall expire on the lSth day of May each year. The permit shall be renewable annually in the same manner and upon the payment of the same annual fees as provided in subsection (a) of this section. Section 5 - Prohibitio~ Private Res~onsibilit~. (a) The owner or hie agen't, or th~ occupant, of any Premises within the ~ity of Kenai, Alaska shall be responsible £o, the sanitary conditions of the premises occupied and it shall be unla~ul for e~y person to place~ deposit, or allow to be plaCed or de~osited on his p~emisas, any refuse, except as designated by the terms of this ordinance. (b) Any person responsible for (I) refuse on premises not served by the refuse collection system stated in this ordinance, or for (2) re, uae not acceptable for collection by a~ents or licen~ee~ o£ the City o~ Kenai, Alaska, shall make arrangements ~or disposal of such ~e~use with a re. fuse collector who holds a valid registration certificate issued by the City of £enai, Alaska. Section 6 - Enforcement; Sar.vic.e.o.~ff Notice and Orders; Hearings~ (a) Whenever 't-~e responsible authority determines that there are reasonable grounds to believe there has been a vloXation of any of the provisions of this ordinance, or any regulation adopted puzsuant thereto, notice of such alleged violation shall be given to the person or peas, ns responsible there- £ore as hereina~ter provided. Such notice shall: (l) be in writinG; (2) include a statement of the reasons for its issuance; (3) allow a reasonable time for perfomance of any act ordered by itl (4) be served on the holder o£ the permit issued under this ordin0.~¢e or ttpon the o~ner or the occupant o~ any premises within the City o£ Kenai, Alaska. Such service shall be deeme~ to have been properly served when a copy thereof has been served personally, or by resistered mail. Such notice may: ($) contain an outline of remedial action, which when taken will a£fect compliance with provisions of this ordinance; (6) state that, unless conditions or practices described in such notice, are corrected within the reasonable time specified in such notice, the permit which has been issued pursuant to this ordinance may be suspended or revoked. O,9~XNAN~ NO. 24 (b) Any person who is affected by any notice which has been issued in connection ~ith the enforcement of any provision of this ordinance may request a hear£ng on the matter before the City Council. (c) ~f*-.-.:r thc hearing by the City Council, the notice shall be sua- tained~ modified, or withdrawn~ dependin§ upon the findings baaed on the hearing. I£ the '?.ity Council sustains or modifies such notice, it shall be deemed to be an orders Any notice shall automatically become an order if written request for a hearing has not been filed in the office of the City Clerk within ten (10) days after such notice was served. In the case of any no:t*.e which states that a permit required by this ordinance may be suspended or .-c,.':P. ed, the City Clerk may ,ustain o~ revoke such permit if an order is issued and corrective action has not been taken within the time specified in this notice. (d) Whenever the responsible authority under this ordinance finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, a w~tttan ord-r may be issued citin~ the existence of such an emergency and such conditions violating this ordinance which requite corrective action to remove such health hazards. If such cor- rective action has not been taken, the responsible authority may take such action as may be necessary to protect the public health, including stoppage of processing operations. Notwithstanding other provisions of this ordinance, such order shell be effective immediately. iection 7 - _Ins~.ection. The responsible authority, by its dui; .-.uthoriz~d repr---'--~'sentattve or on its own initiative, shall have the ps,er to enter ,-.t reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this ordinance. Section 8 - Re~u.!a.t.tons. The respona:ble authority is hereby autho~ized and directed-'-"to adopt such written re~ul~ilo~a a~ may be nac~aazy fo~ thc implementation and enforcement of the above provisions o£ this ordinance subject to the approval of the City Council of the City of Kenai, Alaska. Such regulations shall have the same force and effect as the provisions of this ordinance~ and the penalty for violation thereof shall bc the same as the penalty for the violation of the provisions of this ordinance, as hereinafter provided. Section 9 - Penal.rE; ~ny person who shall violate any provisions of this ordinance, or an.v r~-gulatlon adopted thereunder, upon conviction, may be punibhed by a fine of not more than $300.00 or imprisonment of not more than thirty (30) days and each day's failure to comply with any provision shall constitute a separate violation. Section 10 - Effective Date,. This ordinance shall be tn full force and effe%t immediately upon its adoption, provided, that existing vio!stors shall be permitted a period of not more than ninety (90) days a~tet' the date of adoption to comply with the provisions of the ordinance as set forth herein. Section 11 - Co. ntract _operation of refuse collection! d~s~osal ~ Storage. Method of securing a contract op'--erato~ fo~ refuse 'c~llect~o"~'-~, diS- posal ~d storage within the C~ty o£ Kenai, Alaska, a decXacation of policy concerning ~he standards to be maintained in the operation thereof and the disposal, or uae, ~hich may be made of such ~tems scavenged from the said fiXX, shall be accomplished by resolution of the Council. Section 12 - .Sey.erabilt..t~.. Should ~y 5~ct-~on, p~-~g*'~Fh, se~..ten.~e, clause or Phf~'se of this ordinance be declared invalid for any reason, the reminder o£ such ordinance shall not be a~fected thereby. PlRST It~ADING 2 May 1962, SROOND RBADXNG 16 May, 1962 ATI~ST ~s/~' ~ranceq..Torkilaen City ClerA ~/,,/.. Jamef3 G.. Dye James G. Dye Mayor Iq~STBD 3rd day o~ May, 1962.