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1995-17143-Ordinance No. 95-036 Recorded 5/18/1995REVIEWED 95-17143 LEGAL COUNSEL BEFORE-kE BOARD.OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 13, Public Services, of the Deschutes County Code and Declaring an Emergency. r ORDINANCE N0. 95-036 0146 3,� THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Amendment. Title 13, "Public Services," as amended and as presented here in its codified form is further amended to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein, with new language in bold type and deletions noted in brackets. Section 2. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the Deschutes County Form and Style Manual for Board Documents. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert appropriate legislative history reference. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 4. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. 1 f l°L;�RQ f© PAGE 1 - ORDINANCE NO. 95-036 (5/17/95) [VIA) 1995 0140-1109 Section 5. Emergency. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. DATED this 17th day of May, 1995. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES OUNTY, OREGON �� h+{/ BAP,AY H. SLAVGV2R, C airman ATT ST: NANCY PE SCH GEN; Commissiorer Ce Recording Secre ary ROB4AT L. NIPPER, Comm' stoner PAGE 2 - ORDINANCE NO. 95-036 (5/17/95) 4 0145-x.110 EXHIBIT "A" Title 13 PUBLIC SERVICES Chapters: Division I. Water 13.04 Water Supply Systems Division II. Sewers 13.08 On-site Sewage Disposal and Septic Tanks Division III. Solid Waste Collection, Disposal and Recycling 13.12 General Provisions 13.16 Administration 13.20 Recycling 13.24 Franchising of Solid Waste Collection, Disposal and Recycling 13.28 Rates and Charges 13.32 Regional Collection and Disposal 13.36 Nuisances and Abatement 13.40 Enforcement, Appeals, Penalties 0146-1111 Division I. Water regardless of whether portions thereof may be isolated by closing valves. (Ord. 203.12 § l(B), 1980) Chapter 13.04 WATER SUPPLY SYSTEMS Sections: 13.04.010 Authority. 13.04.020 Definitions. 13.04.025 Definition -Water supply system. 13.04.030 Probable cause. 13.04.040 Construction of language. 13.04.050 Building permit -Issuance restricted when. 13.04.060 Nonissuance of permit - Mandatory investigation of conditions -Public hearing. 13.04.070 Right to review hearing. 13.04.080 Permit issuance restrictions - Expiration. 13.04.090 Permit issuance restrictions - Continuation authorized when. 13.04.010 Authority. This chapter is adopted under the authority of Oregon Revised Statutes 456.755(4). (Ord. 203.12 § 2, 1980) 13.04.020 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as [follows:] set forth in 13.04.025. (Ord. 95-036 § 1, 1995; Ord. 203.12 § 1(B), 1980) 13.04.025 Definition -Water supply system. "Water supply system" means and includes terms defined in Oregon Revised Statutes 448.205(3), (5), (7), (14), (19) and (20), and includes any physically interconnected set of facilities through which water is delivered to service connections for human consumption, regardless of ownership of the facilities and Chapter 13.04 13.04.030 Probable cause. Probable cause shall be based upon one or more of the following: A. Notice from any state agency, political subdivision or municipal corporation with jurisdiction to regulate a water supply system's service standards to the effect that an inadequate water supply or public health hazard probably exists in a specified water system or part thereof. B. Notice from the State Health Division identifying a public health hazard in a defined area due to pollution of a water source or supply. C. Notice from the State Health Division identifying a lack of adequate water supply (as these terms are defined in Oregon Revised Statutes 448.205) in a municipal water supply system. D. Tests or observations made by the sanitarian, health officer, their deputies, contractors or agents, as to adequacy of supply, or tests or observations of the building official or his deputy. On the affidavit of any user of a water system, the building official may require a water system owner or operator to install a sealed accurate pressure gauge in the system at a time and location reasonably chosen by him to facilitate investigation of whether a water supply is adequate as defined by Oregon Revised Statutes 448.205(1). Prior to testing, the affiant shall deposit the estimated cost thereof with the county. If the building official finds that the material assertions in the affidavit are true, the deposit shall be refunded and the county may recover the cost of testing from the owner or operator. If the building official finds that such material assertions are false, the affiant's deposit shall be used to pay the cost of the test and any remaining balance shall be refunded. The county may recover any costs in excess of the deposit from the affiant; provided, however, that the owner or operator shall, in any case, (5/95) be liable for the cost of gauges required by Oregon Administrative Rules 23-070. (Ord. 203.12 § 1(C), 1980) 13.04.040 Construction of language. Unless the context requires otherwise, the singular includes the plural and the definitions contained in Oregon Revised Statutes 448.205 apply to this chapter. (Ord. 203.12 § 7, 1980) 13.04.050 Building permit -Issuance restricted when. The Deschutes County Building Official shall not issue permits governed by the Oregon State Structural Specialty Code and Fire and Life Safety Code, and must tell the applicant the reason for not issuing a permit when he has probable cause to believe that the permit would allow construction of a building that would use a water supply system or part thereof that creates a public health hazard, does not deliver an adequate water supply as these terms are defined in Oregon Revised Statutes 448.205, or does not satisfy the applicable standards set forth in Oregon Administrative Rules 860-23-060 to 860-23- 070. Promptly upon discovering such probable cause, the building official should send a list of probable deficiencies in the water system which prevent issuance of building permits to the owner or operator of such water supply system serving the proposed site, and the responsible state, federal and local regulatory agency. (Ord. 203.12 § 1(A), 1980) 13.04.060 Nonissuance of permit - Mandatory investigation of conditions -Public hearing. A. When the building official has probable cause not to issue a permit as provided by this chapter, he shall promptly notify the Board of County Commissioners. The county sanitarian or the building official shall then commence an investigation of the health hazard or inadequate water supply. This investigation shall at least include testing the pressure delivered by the water supply systems within 0146-1112 the area in which there is probable cause to believe the water supply is inadequate. If the building official has probable cause to believe that injurious physical elements or disease - producing bacteria are present in the water supply, the investigation shall include obtaining the results of a test of purity of the water supply made by an impartial testing laboratory or by a state agency made after the discovery of facts constituting probable cause. On written request by the building official or any state agency which has sent a notice under section 13.04.030 of this chapter, the board may summarily order the building official to resume issuing permits and to dismiss proceedings should probable cause to deny permits no longer exist. B. Within 90 days after the decision not to issue a building permit, pursuant to sections 13.04.020, 13.04.030 and 13.04.050 of this chapter, or upon completion of the investigation, the board shall hold a public hearing upon 10 days' notice published in a newspaper of general circulation within the affected system and/or part thereof and mailed to any applicant whose building permit application cannot be approved because of this chapter, to persons supplying water for domestic purposes within the system, the state agencies regulating the service standards of the affected water supply system, and any user of the affected system who has submitted an affidavit to the county alleging existence of a public health hazard or inadequate water supply within the system. C. The hearing may be conducted in accordance with the hearing procedure set forth in chapter 18.06 of this code, or such other procedure as the board may announce beforehand. D. Following the close of the hearing, the board shall make findings on the existence of a public health hazard within the system, the adequacy of the water supply, and whether these problems would be aggravated or prolonged by the issuance of building permits for buildings including plumbing, as appropriate. Chapter 13.04 2 (5/95) E. Based on such findings, the board may, by order, allow resumption of the issuance of building permits within a defined area, extend the restriction on the issuance of building permits within a defined area, or make any other lawful, appropriate order which is consistent with its findings. (Ord. 86-025 § 2, 1986; Ord. 203.12 § 4, 1980) 13.04.070 Right to review hearing. Nothing in this chapter prevents a review of denial of a building permit by a due process hearing pursuant to chapter 18.16 of this code. The burden of proof shall be that the water supply system will satisfy state standards for purity and/or adequacy (depending on the grounds for denial), even if the building permit is issued. (Ord. 86-025 § 1, 1986; Ord. 203.12 § 3, 1980) 13.04.080 Permit issuance restrictions - Expiration. Absent any order of the board, the restriction on issuance of building permits imposed by this chapter shall expire and be of no further force and effect 90 days after its inception. (Ord. 203.12 § 5, 1980) 13.04.090 Permit issuance restrictions - Continuation authorized when. If the board finds that the investigation or proceedings prescribed in this chapter would duplicate a pending investigation or proceeding carried on by any state or federal agency, it shall promptly request an expedited decision from such agency, and may dismiss or defer its proceedings. Notwithstanding the limitation imposed by section 13.04.080 of this chapter, unless the board orders otherwise, the restriction on the issuance of building permits imposed by this chapter will continue until the board receives notice from the state agency to the effect that no public health hazard or inadequate water supply exists in the area under investigation, or that these conditions would not be caused, aggravated, or prolonged by the issuance of permits for Chapter 13.04 ®146-1113 buildings including plumbing. (Ord. 203.12 § 6, 1980) 3 (5/95) Division II. Sewers Chapter 13.08 ON-SITE SEWAGE DISPOSAL AND SEPTIC TANKS Sections: 13.08.010 Document adopted by reference. 13.08.020 Construction of pit privies prohibited. 13.08.030 Septic location approval 13.08.040 Permit fees. 13.08.050 Violation -Infraction. 13.08.010 Document adopted by reference. A certain book or publication, a copy of which is on file with the County Clerk, marked and entitled On -Site Sewage Disposal Rules (dated September 16,1986, as amended by enactments dated March 11, 1988 and June 14, 1991), hereinafter referred to as "sewage disposal rules" is adopted in its entirety as the sewage disposal rules for the unincorporated areas of the county, for regulating and controlling the construction, alteration, repair, operation and maintenance of on-site sewage disposal systems in the unincorporated areas of the county. The sewage disposal rules so adopted and on file in the office of the County Clerk are referred to and by this reference made a part of this chapter as though fully set out in this chapter. (Ord. 91- 043 § 3, 1991; Ord. 83-057 § 1, 1983) 13.08.020 Construction of pit privies prohibited. The construction of a pit privy after the effective date of the ordinance codified in this chapter shall not be permitted, section 13.08.010 of this chapter notwithstanding. (Ord. 83-057 § 2, 1983) Chapter 13.08 0146-1114 13.08.030 Septic location approval A. A septic location approval is required with every building permit for any expansion of an existing building or the construction of an additional structure on property where an existing permitted on-site sewage disposal system are located. B. Approval can be granted without a field visit if the certificate of satisfactory completion matches the plot plan submitted and in the judgment of the sanitarian or his delegates the submitted documents clearly indicate that the existing on-site sewage disposal system and its replacement area will not be impacted. C. If the sanitarian or his delegates cannot determine from the documents submitted whether the existing on-site disposal system or replacement area will be impacted or if the documents clearly indicate an impact to the on-site sewage disposal system, a field visit is required. D. If the expansion or additional structure would impact the existing permitted on-site sewage disposal system or replacement area, approval under this section may be given only if in the determination of the sanitarian or his delegates the existing system or its replacement area can be modified consistent with applicable DEQ rules in a manner to accommodate the proposed expansion or additional structure. E. An approval under this section granted in reliance upon information submitted that is misleading or inaccurate shall be void. (Ord. 94-034 § 1, 1994; Ord. 83-002 § 1, 1983) 13.08.040 Permit fees. The fees for permits and services under this chapter shall be the fees prescribed by the State Department of Environmental Quality. The county may set any permit fee at an amount lower than the fees adopted by the state, or set a fee for a permit for which the state has failed to set a fee by proper resolution. (Ord. 83-060 § 1, 1983; Ord. 83- 057 § 3, 1983) (5/95) 0146-11-1115- 13.08.050 140-1111 13.08.050 Violation -Infraction. A. It is unlawful to construct, alter, repair, operate or maintain on-site sewage disposal systems in the unincorporated areas of the county, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. B. Violation of any provision of this chapter is a Class A infraction. (Ord. 83-057 § 4, 1983) Chapter 13.08 2 (5/95) Division III. Solid Waste Collection, Disposal and Recycling Chapter 13.12 GENERAL PROVISIONS Sections: 13.12.050 13.12.010 Short title. 13.12.020 Authority. 13.12.030 Purpose and Policy. 13.12.040 Definitions. 13.12.045 Definition -Administrator. 13.12.050 Definition -Board. 13.12.055 Definition -Collection franchise. 13.12.060 Definition -Collection vehicle. 13.12.065 Definition -Commercial hauler. 13.12.070 Definition -Committee. 13.12.075 Definition -Compensation. 13.12.080 Definition -Depot. 13.12.085 Definition -Disposal. 13.12.090 Definition -Disposal franchise. 13.12.095 Definition -Disposal site. 13.12.100 Definition -Franchise. 13.12.105 Definition -Franchisee. 13.12.110 Definition -Generator. 13.12.115 Definition -Hazardous waste. 13.12.120 Definition -Incinerator. 13.12.125 Definition -Infectious waste. 13.12.130 Definition -Landfill. 13.12.135 Definition -Noncommercial hauler. 13.12.140 Definition -On -route collection. 13.12.145 Definition -Person. 13.12.150 Definition-Putresciblematerial. 13.12.155 Definition -Recyclable material and recyclable. 13.12.160 Definition -Recycle or recycling. 13.12.165 Definition -Regulations. 13.12.170 Definition -Resource recovery. 13.12.175 Definition -Reuse. 13.12.180 Definition -Rules. 13.12.185 Definition -Sanitary landfill. 13.12.190 Definition -Self -hauling. 13.12.195 Definition -Service. 13.12.200 Definition -Service area. 13.12.205 Definition -Solid waste. 0145-11.0 13.12.210 Definition -Solid waste management. 13.12.215 Definition -Transfer station. 13.12.220 Definition -Waste. 13.12.225 Definition-Wasteshed. 13.12.230 Construction. 13.12.010 Short title. The ordinance codified in this [Division III] title shall be known as the "Solid Waste Management Ordinance." (Ord. 85-037 § 1.01, 1985) 13.12.020 Authority. The ordinance codified in this [Division III] title is adopted pursuant to Oregon Revised Statutes chapters 190, 203 and 459. (Ord. 85-037 § 3.01, 1985) 13.12.030 Purpose and policy. To protect the health, safety and welfare of the people of the county, to provide an integrated solid waste management program, and to provide the opportunity to recycle, it is declared to be the policy of the county to regulate solid waste management by: A. Following the priorities on managing solid waste provided in Oregon Revised Statutes 459.015(2), giving due consideration to economic and technical feasibility. B. Providing for the safe and sanitary accumulation, storage, collection, transportation and disposal of solid waste. C. Prohibiting accumulation of waste or solid waste on private property in such manner as to create a public nuisance, a hazard to health or a condition of unsightliness, and to provide for the abatement of such conditions where found. D. Providing the opportunity to recycle as part of the overall solid waste collection, transportation and disposal systems, taking advantage, where possible, of integrated area - wide service, promotion, education and marketing. E. Developing a regional long-range plan to provide adequate disposal and recycling Chapter 13.12 1 (5/95) sites and facilities to meet future demands. F. Providing for an integrated county -wide solid waste management and recycling plan in cooperation with federal, state and local agencies responsible for the prevention, control or abatement of air, water and ground pollution and prevention of litter. G. Providing for public input in solid waste management and recycling through the Solid Waste Advisory Committee. H. Providing for an integrated solid waste management and recycling plan with cities within the county and with other counties or cities should regional plans be developed. I. Providing for cooperation and agreements between the county and other counties involving joint or regional franchising of solid waste collection, disposal and recycling. J. Providing minimum standards for location and operation of solid waste disposal and recycling sites to protect adjacent and nearby residents. K. Providing for and encouraging research, studies, surveys and demonstration projects on developing more sanitary, efficient and economical solid waste management systems. L. Encouraging utilization of the capabilities and expertise of private industry in accomplishing the purposes of this chapter. (Ord. 91-004 § 1, 1991; Ord. 85-037 § 2.01, 1985) 13.12.040 Definitions. For the purpose of this division, and where appropriate in the context, words used in the present tense include the future, the singular number includes the plural, the word "shall' is mandatory and not directory, and the term "this division" shall be deemed to include all amendments hereafter made to Division III of Title 13 of this code. (Ord. 91-004 § 1, 1991; Ord. 85-037 § 4.01, 1985) 13.12.045 Definition -Administrator. "Administrator" means the Director of Public Works, Director of Transportation and Solid Waste or other person designated by 0240-1.1 1 resolution of the board to administer this division, and the duly authorized deputy or assistant of such person. (Ord. 91-004, § 1, 1991; Ord. 85-037 § 4.01, 1985) 13.12.050 Definition -Board. "Board" means the Board of County Commissioners. (Ord. 85-037 § 4.01, 1985) 13.12.055 Definition -Collection franchise. "Collection franchise" means a franchise to collect, transport, dispose of, deposit or store solid waste and recyclable materials. (Ord. 85- 037 § 4.01, 1985) 13.12.060 Definition -Collection vehicle. "Collection vehicle" means any vehicle used to collect or transport solid waste and recyclable material. (Ord. 85-037 § 4.01, 1985) 13.12.065 Definition -Commercial hauler. "Commercial hauler" means a collection franchisee whose principal business is the collection, transportation and disposal of solid waste and recyclable material. (Ord. 85-037 § 4.01, 1985) 13.12.070 Definition -Committee. "Committee" means the Solid Waste Advisory Committee. (Ord. 85-037 § 4.01, 1985) 13.12.075 Definition -Compensation. "Compensation" means any type of consideration given for service, including, but not limited to, direct or indirect compensation by tenants, occupants, licensees or similar persons. (Ord. 85-037 § 4.01, 1985) 13.12.080 Definition -Depot. "Depot" means a permanent or temporary facility, container or box provided for persons to deposit totally source -separated materials for recycling or reuse. (Ord. 85-037 § 4.01, 1985) 13.12.085 Definition -Disposal. 'Disposal' means accumulation, storage, Chapter 13.12 2 (5/95) collection, transportation and disposal of solid waste. (Ord. 85-037 § 4.01, 1985) 13.12.090 Definition -Disposal franchise. "Disposal franchise" means a franchise to create or maintain a disposal site. (Ord. 85- 037 § 4.01, 1985) 13.12.095 Definition -Disposal site. "Disposal site" means any land and facilities used for the disposal, handling or transfer of or resource recovery from solid waste, including, but not limited to, dumps, sludge lagoons and treatment facilities, landfills, sanitary landfills, composting plants, transfer stations and incinerators. 'Disposal site" does not include a landfill site which is subject to the permit requirements of Oregon Revised Statutes 468.740 or 481.345, or a site which is not used by the public either directly or through a service and which is used by the owner or person in control thereof to dispose of wood scrap, sawdust, bark, soil, rock, building demolition material or nonputrescible industrial waste products resulting from the process of manufacturing. (Ord. 85-037 § 4.01, 1985) 13.12.100 Definition -Franchise. "Franchise" means a license to provide service issued by the board for a fee pursuant to this division. (Ord. 85-037 § 4.01, 1985) 13.12.105 Definition -Franchisee. "Franchisee" means a person to whom the board has granted a franchise. (Ord. 85-037 § 4.01, 1985) 13.12.110 Definition -Generator. "Generator" (of solid waste) means a person who possesses and controls an item or material immediately prior to and at the time it becomes a waste or solid waste, or a person who last used an item or material and makes it available for recycling or reuse. (Ord. 85- 037 § 4.01, 1985) 0146-11is 13.12.115 Definition -Hazardous waste. "Hazardous waste" means any waste defined as hazardous waste in Oregon Revised Statues section 466.005(7). (Ord. 95-036 § 1, 1995; Ord. 91-004 § 1, 1991; Ord. 85-037 § 4.01, 1985) 13.12.120 Definition -Incinerator. "Incinerator" means a combustion device specifically designed for the reduction by burning of solid, semisolid or liquid waste. (Ord. 85-037 § 4.01, 1985) 13.12.125 Definition -Infectious waste. "Infectious waste" means biological waste, cultures and stocks, pathological waste and sharps, including medical waste, as defined in Oregon Revised Statutes 459.386(2). (Ord. 95- 036 § 1, 1995; Ord. 91-004 § 1, 1991) 13.12.130 Definition -Landfill. "Landfill" means a disposal site operated by means of compacting and covering solid waste at specific designated intervals, but not each operating day. (Ord. 85-037 § 4.01, 1985) 13.12.135 Definition -Noncommercial hauler. "Noncommercial hauler" means a collection franchisee whose principal business is other than the collection, transportation and disposal of solid waste and recyclable material. (Ord. 85-037 § 4.01, 1985) 13.12.140 Definition -On -route collection. "On -route collection" means pickup of source -separated recyclable material from the generator at the place of generation. (Ord. 85- 037 § 4.01, 1985) 13.12.145 Definition -Person. "Person" means and includes individuals, corporations, associations, firms, partnerships and joint stock companies. (Ord. 85-037 § 4.01, 1985) Chapter 13.12 3 (5/95) 13.12.150 Definition-Putrescible material. "Putrescible material" means organic material that can decompose and may give rise to foul smelling, offensive products. (Ord. 85-037 § 4.01, 1985) 13.12.155 Definition -Recyclable material and recyclable. "Recyclable material" and "recyclable" mean any material that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material, or those materials listed or approved as recyclable material by the Board of County Commissioners or the Oregon Department of Environmental Quality for Deschutes County, pursuant to Oregon Revised Statutes 459.170. (Ord. 91-004 § 1, 1991; Ord. 85-037 § 4.01, 1985) 13.12.160 Definition -Recycle or recycling. "Recycle" or "recycling" means the use of any process by which solid waste is transformed into new products in such a manner that the original material may lose its identity. (Ord. 85-037 § 4.01, 1985) 13.12.165 Definition -Regulations. "Regulations" means regulations promulgated by the board pursuant to this division. (Ord. 85-037 § 4.01, 1985) 13.12.170 Definition -Resource recovery. "Resource recovery" means the process of obtaining useful material or energy resources from solid waste, including recycling and reuse. (Ord. 85-037 § 4.01, 1985) 13.12.175 Definition -Reuse. "Reuse" means return of material into the economic stream for the use in the same kind of application as before without change in its identity. (Ord. 85-037 § 4.01, 1985) 13.12.180 Definition -Rules. "Rules" means rules promulgated by state agencies pursuant to Oregon Revised Statutes 0146®1119 chapter 459. (Ord. 85-037 § 4.01, 1985) 13.12.185 Definition -Sanitary landfill. "Sanitary landfill" means a disposal site operated by means of compacting and covering solid waste at least once each operating day. (Ord. 85-037 § 4.01, 1985) 13.12.190 Definition -Self -hauling. "Self -hauling" means transportation by a generator of such person's own waste, solid waste or recyclable material directly to a disposal or recycling site or depot. "Self -hauling" includes the transportation of solid waste or recyclable material which the generator produces as an incidental part of the generator's business, such as waste incidental to restaurants, janitorial service, gardening or landscaping, carpentry, remodeling, etc. Waste incidental to the generator's business does not include the accumulated or stored waste, of the generator's customers or clients. (Ord. 85-037 § 4.01, 1985) 13.12.195 Definition -Service. "Service" means collection, transportation, transfer, disposal or recycling of solid waste or recyclable material for compensation. "Service" does not include self -hauling. (Ord. 85-037 § 4.01, 1985) 13.12.200 Definition -Service area. "Service area" means the geographical area or premises in which service, other than operation of a disposal site, is or has been provided. (Ord. 85-037 § 4.01, 1985) 13.12.205 Definition -Solid waste. "Solid waste" means all putrescible and nonputrescible waste, whether in solid or liquid form, except liquid -carried industrial waste or sewage or sewage sludge hauled as an incidental part of a septic tank or cesspool cleaning service, but including garbage, rubbish, ashes, paper, cardboard, sewage sludge, street refuse, industrial waste, infectious waste, swill, demolition and Chapter 13.12 4 (5/95) 0146-1120 construction waste, inoperative and/or unlicensed or dismantled or partially dismantled vehicles or parts thereof, discarded home or industrial appliances, manure, vegetable or animal solid and semisolid waste, dead animals or other discarded solid material. (Ord. 92-071 § 1, 1992; Ord. 91-004 § 1, 1991; Ord. 85-037 § 4.01, 1985) 13.12.210 Definition -Solid waste management. "Solidwaste management" means prevention or reduction of solid waste accumulation, including management of storage, collection, transportation, treatment, utilization, processing and final disposal or salvage, source -separation, recycling or reuse of the resource recovery from solid waste, and necessary facilities therefor. (Ord. 85-037 § 4.01, 1985) 13.12.215 Definition -Transfer station. "Transfer station"' means a fixed or mobile facility normally used as an adjunct of a solid waste collection and disposal system or resource recovery system between a collection route and a disposal site. (Ord. 85-037 § 4.01, 1985) 13.12.220 Definition -Waste. "Waste" means useless, unwanted or discarded material. (Ord. 85-037 § 4.01, 1985) 13.12.225 Definition-Wasteshed. "Wasteshed" means the geographical area within the county. (Ord. 91-004 § 1, 1991; Ord. 85-037 § 4.01, 1985) 13.12. [050) 230 Construction. The titles of sections in this division are not a part of the contents or the provisions of this division, but are solely for purposes of reference. (Ord. 95-036 § 1, 1995; Ord. 85-037 § 14.011, 1985) Chapter 13.12 5 (5/95) Chapter 13.16 ADMINISTRATION Sections: 13.16.010 Administrative authority - Right of entry. 13.16.020 Exemptions. 13.16.030 Solid waste advisory committee -Established. 13.16.040 Solid waste advisory committee -Appointment - Officers and meetings. 13.16.050 Solid waste advisory committee -Duties. 13.16.060 Regional solid waste committee. 13.16.070 Disposal and recycling sites - Management. 13.16.010 Administrative authority - Right of entry. The administrator, under the supervision of the board and with the assistance of the committee, shall be responsible for the enforcement of chapters 13.12 through 13.40 of this division. In order to carry out the provisions of this division, the administrator shall enter or authorize personnel to enter on the premises of any person subject to this division at reasonable times and in a reasonable manner to determine compliance with this division, regulations and franchises promulgated and issued pursuant thereto. (Ord. 85-037 § 5.01, 1985) 13.16.020 Exemptions. This division shall not apply to: A. Areas lying within the limits of any incorporated municipality actively operating as such in the absence of a mutual agreement between the city and the county; B. Federal or state agencies that collect, store, transport or dispose of waste or solid waste, or those persons who contract with such agencies to perform service, but only as to the terms for collection and disposal service 0146-1121 under the contract. This exemption does not apply to disposal at a disposal site operated by a franchisee under this division; C. Auto dismantling pursuant to Oregon Revised Statutes 481.345 through 481.370; D. The collection, transportation and reuse or recycling of totally source -separated materials by religious, charitable, benevolent or fraternal organization for fund raising, or by any person when the source -separated materials are generated by the person and are purchased from or exchanged by the generator for fair market value for reuse or recycling; E. The collection, transportation, deposit and disposal by the owner of residential property of solid waste or recyclable material generated by tenants or occupants of the property. For purposes of this subsection, "residential property" means real property or improvements, or both, in or upon which a person resides, and includes any structure used as a residence, either primary or secondary; F. Any person or practice which is exempted by resolution of the board. In determining whether to exempt a person or practice pursuant to this subsection, the board shall consider the following factors: 1. The impact of granting the exemption upon affected existing franchises, 2. The impact of requiring the affected person to obtain a franchise, 3. The impact of granting or denying the exemption on the quality of solid waste collection, transportation, deposit and disposal for the affected persons; G. In addition to the exemptions of subsection A of this section, sections 13.36.010, 13.36.030, 13.36.050 and 13.36.060 of this division shall not apply to: 1. Disposal sites franchised under the provisions of chapters 13.12 through 13.40 and in compliance with this division. 2. Agricultural operations, growing or harvesting crops and the raising of fowl or animals. (Ord. 85-037 § 5.02, 1985) Chapter 13.16 1 (5/95) 13.16.030 Solid Waste Advisory Committee -Established. There shall be a Solid Waste Advisory Committee. A. The Solid Waste Advisory Committee shall consist of nine members, as follows: 1. One member with an engineering or technical background, 2. One member who is a franchisee under section 13.24.030 of this division, or the franchisee's designated representative, 3. One elected or appointed official member from each of the three incorporated cities within Deschutes County (Sisters, Redmond and Bend), 4. One member who is a designated representative of the principle organization responsible for marketing recyclables collected within the wasteshed, 5. One member from the accounting or banking profession, 6. Two lay members. B. The county sanitarian shall be an advisor to the committee. (Ord. 92-072 § 1, 1992; Ord. 85-037 § 6.01, 1985) 13.16.040 Solid Waste Advisory Committee -Appointment - Officers and meetings. A. Members, ex officio and advisors shall be appointed by the board. The board may appoint additional persons to the committee in these categories. The board may appoint or approve designation of alternates to serve in the absence of persons appointed to the committee. B. Public employee members shall serve for the terms of their offices. Appointment of other persons as members shall be for staggered terms not to exceed four years. Members shall serve until their successors are appointed and qualified. Vacancies shall be filled by the board for the balance of the unexpired terms. C. The board shall appoint one member as chairperson and another as vice chairperson, both of whom shall serve in that capacity at the pleasure of the board. Five members of 0146--1122 the committee shall constitute a quorum for the transaction of business. The committee shall meet at such times as deemed necessary or as called by the board. The chairperson or any three members of the committee may call a special meeting with ten days' notice to other members of the committee; provided, however, that members may waive such notice. (Ord. 85-037 § 6.02, 1985) 13.16.050 Solid Waste Advisory Committee -Duties. In addition to other duties prescribed by this division, the committee shall: A. Make an annual report to the board containing recommendations on development and implementation of a solid waste management plan and any necessary regulations or amendments to this division. B. In consultation with responsible public officials and with persons providing service: 1. Develop and periodically review a solid waste management plan including regional disposal and recycling sites and necessary disposal and recycling systems for review, adoption or modification by the board; 2. Develop and recommend to the appropriate agency or the board minimum standards for location and operation of disposal and recycling sites, including, but not limited to, protection of adjacent and nearby residents. C. Perform such other duties as are directed by the board or as the committee may find necessary to effectively carry out the purposes of this division. (Ord. 85-037 § 6.03, 1985) 13.16.060 Regional Solid Waste Committee. The board may appoint one or more members of the committee to serve on any regional solid waste committee to advise the board. (Ord. 85-037 § 6.04, 1985) Chapter 13.16 2 (5/95) 0146-1123 13.16.070 Disposal and recycling sites - Management. Upon its own motion or upon recommendation of the committee, the board may adopt reasonable and necessary regulations governing disposal and recycling sites or implementing this division. Such regulations shall conform to Oregon Revised Statutes chapter 459 and rules promulgated pursuant thereto. (Ord. 85-037 § 7.01, 1985) Chapter 13.16 3 (5/95) 0146-1124 TITLE 13 PUBLIC SERVICES CHAPTER 13.20, RECYCLING, of Title 13, "Public Services," of the Deschutes County Code is currently being revised. Deschutes County Legal Counsel will provide purchasers of the Deschutes County Code Book with a complete copy of Chapter 13.20 as soon as the revisions are complete. Until such time as the new Recycling chapter is adopted, the public will be required to follow the current rules, copies of which may be obtained at Deschutes County Legal Counsel's office, 1130 NW Harriman, Bend, Oregon 97701. Chapter 13.24 FRANCHISING OF SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING Sections: conditions. 13.24.010 Compliance required - 13.24.100 Exemptions. 13.24.020 Application for franchise. 13.24.030 Existing collection, disposal 13.24.130 and recycling service providers. 13.24.040 Application -Review. 13.24.050 Expansion of collection area. 13.24.060 Collection requirements. 13.24.070 Disposal requirements. 13.24.080 Application -Approval 13.24.180 conditions. 13.24.090 Types of franchises. 13.24.100 Recycling subcontractors. 13.24.110 Appeals. 13.24.120 Fees -Commercial haulers. 13.24.130 Fees -Noncommercial haulers. 13.24.140 Disposal fee. 13.24.150 Expenditure of fees. 13.24.160 Franchise terms and renewals. 13.24.170 Responsibilities of franchisees. 13.24.180 Transfer of franchises. 13.24.190 Interruption of service. 13.24.200 Enforcement and corrective action. 13.24.210 Suspension, modification, revocation or refusal to renew franchise. 13.24.010 Compliance required - Exemptions. Unless exempted under section 13.16.020 of this division, no person shall provide service except as authorized by a collection or disposal franchise issued pursuant to this chapter. (Ord. 85-037 § 9.01, 1985) 13.24.020 Application for franchise. A. Application for a franchise shall be made on forms provided by the administrator. 01/16-1125 The administrator may require the filing of additional information necessary to determine compliance with this division, Oregon Revised Statutes chapter 459 and regulations and rules promulgated thereunder, together with any other applicable laws or county ordinances. B. The application for a collection or disposal franchise shall demonstrate to the board's satisfaction that the applicant: 1. Has sufficient vehicles, equipment, land, facilities, personnel and financial resources to provide the proposed service and to meet the standards established by this chapter, Oregon Revised Statutes chapter 459 and regulations or rules promulgated thereunder. 2. Has in force public liability insurance in the amount of not less than $100,000.00 per person and $300.000.00 per accident for bodily injury, and not less than $50,000.00 for property damage, which shall be evidenced by a certificate of insurance. The county shall be a named coinsured on such policy. The policy and certificate shall provide that it may not be canceled without 30 days' written notice to the board. 3. Has sufficient experience in properly providing service of comparable quality and quantity to insure compliance with this division, any regulations promulgated thereunder and any franchise issued to the applicant. If the applicant does not provide to the satisfaction of the board that the applicant has sufficient experience, the board may require the applicant to submit a corporate surety bond in an amount not to exceed $20,000.00, issued by a person or company authorized to do business in the state, guaranteeing full and faithful performance by the applicant of the service and of all duties and obligations of a franchisee under this division. If the applicant is applying for more than one franchise, the board may permit the applicant to provide a single bond covering all such liabilities. C. For commercial haulers, the amount of the bond shall be determined by the board based upon the applicant's actual or projected annual gross receipts. For noncommercial Chapter 13.24 1 (5/95) haulers, the amount of the bond shall be set by the board based upon the annual cost of collection service, as described in section 13.24.100 of this chapter. The board may waive the surety bond in the case of an applicant who is a noncommercial hauler or whose total landfill disposal fees do not exceed $100.00 per month. D. Applicants shall specify the nature, type and extent of service to be provided, any solid waste or recyclable material that will not be accepted for collection, disposal or recycling, and any special requirements for the handling of hazardous waste. (Ord. 85-037 § 9.02, 1985) 13.24.030 Existing collection, disposal and recycling service providers. Persons providing collection, disposal or recycling service on the effective date of the ordinance codified in this Division III, whether or not that service has been provided pursuant to a franchise or for direct compensation, and who are not exempted under section 13.16.020 of this division, shall file an application for an appropriate franchise together with any required information within 30 days after the effective date of the ordinance codified in this division. Upon filing the application, such person may continue providing existing service until a final determination on the application is made by the board or a court on appeal. Persons who meet the applicable qualifications of this chapter and who were providing collection, disposal or recycling service on the effective date of the ordinance codified in this division shall be awarded a collection or disposal franchise for the area served on said effective date. (Ord. 85-037 § 9.03, 1985) 13.24.040 Application -Review. A. Administrator's Review. Applications shall be reviewed by the administrator who shall make such investigation as the administrator deems appropriate and who may request assistance of other persons as necessary. 0146-112`6 B. Notice. Upon receipt of an application, the administrator shall give notice to the holder of or applicant for another franchise for any part of the service area under consideration, or whose existing or proposed disposal site would likely be affected by the franchise application under consideration. C. Administrator's Recommendation. Unless the time is extended by the board for good cause, the administrator shall make a recommendation on the franchise to the committee within 30 days after the application and any required supplemental information have been received. D. Committee Action. The committee: 1. Shall consider the application and the recommendation of the administrator at the next regular meeting of the committee or at a special meeting called for the purpose; 2. May require additional investigation to be made or information to be submitted; 3. May, after written notice to interested persons, call an informational public hearing to permit interested persons to testify orally or in writing; 4. Shall, upon the basis of the application, any evidence or testimony submitted and the administrator's recommendation, make a finding on the qualifications of the applicant and a finding on whether: a. Additional area should be included, b. Additional services should be provided, c. Additional equipment, facilities, land or personnel should be provided, d. Conditions should be imposed on collection, disposal or recycling, and e. With respect to disposal sites, whether the site may be integrated with existing private or public sites and whether or not the site is an economically feasible disposal site; 5. Shall, upon the basis of its findings, transmit its recommendations to the board to grant, deny, modify or attach appropriate conditions to the application and shall transmit to the board such recommendations within 30 days from the date of the first meeting on the application. (Ord. 85-037 § 9.07, 1985) Chapter 13.24 2 (5/95) 13.24.050 Expansion of collection area. A collection franchisee may apply to the board to expand the service area covered by its existing franchise, and the board may allow such expansion only if the following circumstances exist: A. The proposed expansion of the franchisee's service area is the result of the development or placement of new residential units, such as dwellings, mobile homes, motel rooms, etc., and new collection service customers; B. The proposed expansion of the franchisee's service area involves an area or premises immediately adjacent to the area or premises covered by the franchisee's existing franchise; and C. The proposed expansion of the franchisee's service area involves an area -or premises not within any other franchisee's service area. (Ord. 85-037 § 9.07, 1985) 13.24.060 Collection requirements. An applicant for a collection franchise or franchise renewal shall demonstrate to the satisfaction of the board that the applicant: A. Will use disposal sites and recycling depots authorized by the board. B. Will provide the opportunity to recycle as required by section 13.20.010 of this division and the terms of the franchise. C. Is either: 1. Currently providing collection service in the service area for which the applicant applies on the effective date of the ordinance codified in this division, whether or not pursuant to a franchise or for direct compensation, and has a majority of service customers in such service area, which shall be evidenced by a list of customers served and a map of the service area; or 2. Applying for a service area that: a. Has not been franchised to another person, b. Has been franchised to another person but is not being served by the franchisee after notice and a reasonable opportunity to do so, or 0116-1127 c. Is not being adequately served by a franchisee and has a substantial demand from service customers for a change in service to the area. D. If applying for a collection franchise for all of a service area franchised to another person pursuant to subsection C of this section, will have available on the first day of such proposed service collection vehicles, containers or other equipment equal to that presently used by the current franchisee in providing such service and that service would be equal to or better than existing service. (Ord. 85-037 § 9.04, 1985) 13.24.070 Disposal requirements. A. An applicant for a disposal franchise shall submit a duplicate of the information submitted to the Department of Environmental Quality on a disposal site under Oregon Revised Statutes chapter 459 and rules promulgated thereunder. B. An applicant for a disposal franchise shall demonstrate to the satisfaction of the board that the applicant will provide a place for the deposit of recyclable material. C. Each applicant for a disposal franchise shall supply a plan for rehabilitation and use of the disposal site after disposal has been terminated, and such use shall be a use permitted within the zone in which such land is located. Such plan shall be prepared at the scale of not less than one inch to four hundred feet with topographical contours, an interval of which shall be not less than 25 feet. In the discretion of the administrator or board, the applicant may be required to furnish a map showing greater detail to determine compliance with this division and standards established by the board. Amended plans may be submitted for approval in the same manner as initial plans. D. Where the land upon which a disposal site would be located is privately owned, the owner of the land and the franchise applicant shall, on forms furnished by the administrator, jointly and severally agree to authorize, accept and be responsible or liable for the following: Chapter 13.24 3 (5/95) 1. The entry upon the subject premises by persons designated to administer this division to determine compliance with this division and the performance of the obligations of the franchisee and the landowner; 2. Prior establishment, maintenance and operation of the disposal site as required by this division and applicable provisions of Oregon Revised Statutes chapter 459, rules promulgated thereunder and other applicable laws or county ordinances; 3. Rehabilitation or restoration of the site upon termination of disposal under the land use plan submitted pursuant to subsection B of this section or any amendment thereto; 4. The entry upon the subject premises by persons designated by the board to properly establish, maintain, operate, rehabilitate or restore the site where the landowner or franchise does not comply with the agreement executed pursuant to this subsection after written notice and a reasonable opportunity to comply as provided in section 13.24.200 of this chapter. E. The board may order the filing in the county deed records of the agreement executed pursuant to this section as a recorded encumbrance on the real property to assure compliance with the conditions and agreements. (Ord. 85-037 § 9.05, 1985) 13.24.080 Application -Approval conditions. A. Order on Application. The board shall, upon the basis of the application, the administrator's recommendation, the committee's recommendation and such other information as is before the board, affirm, deny or modify, the findings of the committee and make an order granting, denying or modifying the application or attaching conditions thereto. B. Additional Investigation. The board may require additional investigation by the administrator or the committee if it finds that there is insufficient information on which to base its action. C. Emergency Order. The board shall not ®146-11�s make an order adverse to the applicant, or to the holder of or applicant for another affected franchise, effective less than 30 days after the date of such order and shall notify such persons in writing of the order. The board may suspend operation of this subsection and enter an emergency order if it finds that there is an immediate and serious danger to the public or that a health hazard or public nuisance would be created by a delay. (Ord. 85-037 § 9.08, 1985) 13.24.090 Types of franchises. A. Joint Franchise. If, upon recommendation of the committee, the board finds that the applicant for a collection franchise cannot provide complete service to a single customer, a group or type of customers, or for a particular type or unusually large quantity of recyclable material or solid waste, it may issue a franchise for joint service with another person who can provide supplemental service. B. Exclusive Franchise. When the board finds that the applicant is able to provide complete and adequate service of all types within the defined service area, it shall issue an exclusive franchise for that area to the applicant. C. Temporary Franchise. Upon recommendation of the administrator and a finding by the board that the need for service justifies action before a complete investigation and final determination can be made, the board may order the administrator to issue a temporary franchise, valid for a stated period not to exceed sic months, entitling a person to serve a defined service area or customers for that period. (Ord. 85-037 § 9.09(1)-(3),1985) 13.24.100 Recycling subcontractors. The administrator may permit the franchisee to subcontract for recycling service with another person if the administrator finds that the quality and extent of service would not be jeopardized. The administrator may require the filing of additional information, and may request the recommendation of the committee Chapter 13.24 4 (5/95) on the subcontract. If the franchisee enters into a subcontract pursuant to this section, the franchisee remains responsible for the performance of the requirements of the franchise. (Ord. 85-037 § 9.09(4), 1985) 13.24.110 Appeals. A. Notice of Appeal. An applicant for a franchise or other affected franchisees or franchise applicants may appeal on adverse order of the board by filing written notice of appeal with the board within 30 days of the date of the order. B. Effect of Notice. Unless an emergency order has been entered, the filing of notice of appeal shall suspend operation of the order until a final determination by the board on appeal. C. Public Hearing. The person appealing may request a public hearing on the appeal. The board, upon its own motion or upon request, may set a public hearing to consider the appeal not more than 30 days from the date of notice of appeal. D. Board Action. Board action on the appeal shall be taken in the same manner as on a franchise application. The determination of the board on appeal shall be final. E. Restriction on Reapplication. If the board makes a final order rejecting all or part of the application for a franchise, the applicant may not submit another application containing all or a portion of the same service area or same disposal site for a period of six months unless this provision is waived by the board upon a finding that the public interest requires reconsideration within a shorter period of time. (Ord. 85-037 § 9.10, 1985) 13.24.120 Fees -Commercial haulers. An annual franchise fee of three percent of the gross receipts from providing service to the franchise service area shall be paid to the administrator on the 30th day of January of each year, accompanied by a sworn and verified statement of such gross receipts for the previous calendar year. If a commercial hauler or franchisee is unable to ascertain the gross receipts from providing service to a franchise service area by January 30 of the following year, the franchisee may pay an estimated annual franchise fee by that January 30. Not later than April 15 of the year in which an estimated annual franchise fee is paid, the commercial hauler or collection franchisee shall submit a sworn and verified statement of gross receipts for the previous calendar year and shall make any additional payment necessary or make a request for a refund, as the case may be. Each commercial hauler and collection franchisee shall maintain sufficient books and records to accurately reflect the gross receipts from the service area and shall make such books and records available at reasonable times and places for audit by authorized personnel of the county. The administrator may specify reasonable requirements for keeping such books and records. The board may require an audit of the franchisee's books, at the franchisee's expense, to determine the accuracy of the franchisee's statement of gross receipts. (Ord. 91-003 § 1, 1991; Ord. 85-037 § 9.16(1)(a), 1985) 13.24.130 Fees -Noncommercial haulers. A. The annual franchise fee for noncommercial haulers shall be three percent of the total annual cost of collection service to all of the customers in the service area. The total annual cost of collection service shall be the product of the number of service customers multiplied by the minimum monthly rate per customer which would be charged by the commercial hauler franchisee serving the surrounding or adjacent area, multiplied by 12. The fee shall be paid to the administrator on the 30th day of January of each year. B. In the case of noncommercial haulers, such as hotel and motel managers, who may not serve the same number of customers each month, the number of service customers to be used in the computation of the annual franchise fee shall be the average number of occupants of the affected residential or rental units for the previous calendar year. Average Chapter 13.24 5 (5/95) occupancy shall be determined by county transient room tax returns, monthly rental receipts, or other similar records maintained by the franchisee or the county. Each noncommercial hauler collection franchisee shall maintain sufficient books and records to accurately reflect average occupancy in the service area and shall make such books and records available at reasonable times and places for audit by authorized personnel of the county. The administrator may specify reasonable requirement for keeping such books. The board may require an audit of the noncommercial hauler's books, at the hauler's expense, to determine the hauler's average occupancy. (Ord. 85-037 § 9.16(1)(b), 1985) 13.24.140 Disposal fee. An annual fee of $25.00 dollars shall be paid to the administrator on the 30th day of January of each year. (Ord. 85-037 § 9.16(2), 1985) 13.24.150 Expenditure of fees. Fees collected pursuant to sections 13.24.120 and 13.24.130 of this chapter shall be paid into the general fund. The committee may make recommendations to the board on a budget for the use of such funds to carry out the provisions of this division. (Ord. 85-037 § 9.17, 1985) 13.24.160 Franchise terms and renewals. A. Collection Franchises. Unless the board finds that a longer or shorter term is required in the public interest, the term of collection franchises shall be a continuing seven-year term. On January 1st of each year, the franchise will be renewed for one year, unless the board notifies the franchisee at least 30 days in advance of its intent not to renew the franchise. Upon notice of intent not to renew, the term of the franchise will be six years from the date of notice of termination. Nothing in this section restricts the board from suspending, modifying, revoking or refusing to renew a franchise pursuant to section 13.24.210 of this chapter. 0146-1130 B. Disposal Facilities. The term of disposal franchises shall be determined by the board with the recommendation of the committee based upon site longevity, population to be served and probable use after reclamation. (Ord. 85-037 § 9.11, 1985) 13.24.170 Responsibilities of franchisees. A. Required Services. Franchisees shall furnish all service authorized and required by the franchise and this division, at rates established by the board, for the term of the franchise. B. Discontinuance of Service. Except as provided in subsection D of this section, no franchisee shall voluntarily discontinue service to any of the service area or at a disposal site unless and until the franchisee has: 1. Given 90 days' written notice to affected customers in the service area; 2. Posted 90 days' notice at the disposal site or sites; 3. Given 90 days' written notice to the administrator; 4. Obtained approval of the board. C. Complaints, Records and Audit. Franchisees shall: 1. Respond in writing to any written complaint on service and report any unresolved complaint in writing to the administrator; 2. Keep accurate books and records which shall be available during regular business hours for inspection and review by a qualified person designated by the administrator. Records shall be generated and maintained according to normal accounting practices; 3. Obtain an audit of the franchisee's books, at the franchisee's expense, if directed to do so by the board in connection with a franchise application, an application for a rate adjustment, or the determination and collection of a franchise fee. D. Exceptions. Subsection B of this section shall not apply to termination of service due to: 1. Damage, destruction or failure of Chapter 13.24 6 (5/95) equipment due to an act of God; 2. Adverse weather which makes service impossible; 3. Change, restriction or termination of service when required by any public agency, public body or court having jurisdiction; 4. Customer refusal to pay for service in accordance with rates established pursuant to this division. However, collection franchisees may not discontinue service under this subsection without seven days' prior written notice to the customer and to the administrator. Where service is terminated to a customer for refusal to pay for service, the franchisee may require a reasonable deposit to guarantee payment for future services before reinstating such service; 5. Transfer of franchises pursuant to section 13.24.180 of this chapter; 6. A finding by the administrator that service at the particular location would jeopardize the safety of the driver of a collection vehicle or of the motoring public, that the customer has not provided reasonable access to the pickup point for the containers storing solid waste or recyclable materials without hazard or risk to the person providing service, or that weather conditions prevent service to the particular customer. (Ord. 85-037 § 9.12, 1985) 13.24.180 Transfer of franchises. A. Board Approval. No franchise or any interest therein may be transferred or pledged as security without prior written notice to and approval by the board. B. Application for Approval. A franchisee may apply to the board for approval to transfer or pledge the franchise. C. Transfer. Upon recommendation of the committee, the board may approve a transfer if it finds that the transferor has no outstanding obligations to the county and the transferee meets all applicable requirements for a franchise. The board shall approve or disapprove any application for transfer of a franchise within 30 days of receipt of notice by the board. The board may extend this time if 0140-1131 it finds that there is a substantial question of public health or safety involved which requires additional time for investigation and decision. D. Pledge as Security. Upon recommendation of the committee, the board may permit a franchise to be pledged as security, but only for the purpose of land, equipment or facilities needed to provide service, or to finance purchase of a business providing service under this division, and only if the franchisee demonstrates to the board's satisfaction that such pledge will not adversely affect the franchisee's ability to carry out the provisions of its franchise and this division. The board may attach whatever conditions it deems appropriate to guarantee maintenance of service. (Ord. 85-037 § 9.18, 1985) 13.24.190 Interruption of service. A. Notice -Hearing -Corrective Action. Whenever the board finds that a franchisee's interruption or threatened interruption of service could result in creation of a health hazard or a public or private nuisance, the board shall, after reasonable written notice to the franchisee and the opportunity for a public hearing if the franchisee requests such hearing, have the right to authorize another franchisee or other qualified person to provide service, or to use and operate the land, facilities or equipment of the franchisee who has interrupted or threatened to interrupt service, to provide service so long as such interruption continues. B. Return of Property. Upon abatement of the actual or threatened interruption, the county or other person shall return all the franchisee's property in the same condition as when taken, less reasonable wear, tear and use. All receipts shall be returned to the franchisee, less costs of performing the service during takeover and costs of abatement. (Ord. 85-037 § 9.14, 1985) 13.24.200 Enforcement and corrective action. In addition to the remedy provided in section 13.24.210 of this chapter and penalties Chapter 13.24 7 (5/95) provided elsewhere in this division, the following action may be taken: A. Investigation. The administrator, upon reasonable cause, may make an investigation to determine if there has been a violation of this division, Oregon Revised Statutes chapter 459 or rules or regulations promulgated thereunder, or the franchise. B. Notice of Violation. If, in the judgment of the administrator based upon investigation, there is sufficient evidence to constitute a violation, the administrator shall notify the alleged violator, in writing, of the alleged violation and what steps must be taken to cure the violation and to follow the requirements set forth in the notice. The administrator shall send a copy of the notice to the committee and may forward a copy to the board. C. Response. The alleged violator shall provide a written response to the notice within 10 days of receipt. The response shall indicate whether the alleged violator agrees that there has been a violation and whether, when and how corrective action will be taken. D. Committee Recommendations. If it appears that the alleged violator is unable or refuses to cure the violation, the committee shall make a recommendation to the board concerning appropriate action. If the alleged violator is a franchisee, the committee may recommend that the franchise be suspended, modified or revoked or that it not be renewed, or that any conditions the committee deems appropriate be imposed. E. Disposal Site Compliance Order. In the event that the landowner or franchisee under a disposal franchise does not comply with agreements executed pursuant to section 13.24.070 of this chapter within a reasonable time after written notice to comply, the board may institute proceedings under subsection F of this section to enforce compliance. Reasonable time within this subsection shall be the time determined by the board to be reasonable on the basis of the health, safety and welfare of the people of the county and of the area, giving due consideration to the following factors: 1. The nature of the deficiency; 2. Conditions created by the deficiency; 3. Hazards to health or safety; 4. Creation of a condition of unsightliness; 5. Creation of a public or private nuisance; 6. Whether there is a satisfactory alternative practice, procedure or operation. F. County Corrective Action. Upon failure of the landowner or franchisee to comply with the board's compliance order within the time specified therein, the board shall give 30 days' written notice to the landowner or franchisee, or both, at their last known addresses, that the county will carry out the necessary corrective action at the landowner's or franchisee's expense. The board may shorten the notice period to 24 hours if the board finds that there is an immediate and serious danger to the public through creation of a health hazard or a public or private nuisance. G. Public Hearing. After notice, the board shall hold a public hearing at which all interested persons shall have the right to be heard. After the public hearing and on the basis thereof, the board shall have the power to order appropriate county agencies to correct the deficiencies in the establishment, maintenance or operation of the site, or to make required rehabilitation or restoration. H. Costs of Corrective Action - Liens. If the cost incurred by the county in carrying out subsections F and G of this section is not paid by the affected landowner or franchisee, the board may order appropriate action to be taken to impose a lien upon the subject property. (Ord. 85-037 § 9.13, 1985) 13.24.210 Suspension, modification, revocation or refusal to renew franchise. A. Grounds. Upon recommendation of the committee or on the board's own motion, the board may suspend, modify, revoke or refuse to renew a franchise upon finding that the franchisee has: 1. Willfully violated this division or Oregon Revised Statutes chapter 459 or rules or Chapter 13.24 8 (5/95) regulations promulgated thereunder; 2. Made a material misrepresentation in any written documents required to be submitted by the franchisee; 3. Willfully refused to provide service required by this division or the franchise, or to take any corrective action required under section 13.24.200 of this chapter after written notification and a reasonable opportunity to do so; or 4. Misrepresented the gross receipts from the franchise service area or disposal site, or the average occupancy within the service area, if such reports are required to be submitted by this division or by order of the board. B. Effective Date -Emergency Order. If the board, by order, suspends, modifies, revokes or refuses to renew a franchise, the action shall not become effective until 30 days after the date of the order unless the board finds that the order should take effect earlier to prevent a serious and immediate danger to the public health or a public nuisance. C. Public Hearing. The affected franchisee may request a public hearing before the board on the order by filing a written request for such hearing with the board within 30 days after the date of the order. Upon filing the request, the board shall set a time and place for a public hearing. Unless the board makes the finding described in subsection B of this section, the board's action shall not take effect until after the public hearing and final order. The franchisee, other interested persons, affected public agencies or bodies may submit oral or written evidence to the board relevant to the board's order. D. Final Order. The board shall, following the public hearing and within 30 days thereafter, affirm, amend or rescind its prior order based upon substantial evidence in the record of the public hearing. The board shall make written findings of fact based upon such substantial evidence. Subject to circuit court review, pursuant to Oregon Revised Statutes 34.010 et. seq., the determination of the board is final. (Ord. 95-036 § 1, 1995; ®146.1133 Ord. 91-003 § 2, 1991; Ord. 85-037 § 9.15, 1985) Chapter 13.24 9 (5/95) Chapter 13.28 RATES AND CHARGES Sections: 13.28.010 Existing rates. 13.28.020 Rate standards. 13.28.025 Rates -Costs of recycling. 13.28.030 Rate adjustments -Initiation. 13.28.040 Rate adjustments -Review requirements. 13.28.050 Rate adjustments -Public hearing -Determination. 13.28.060 Rate adjustments -Public hearing -Considerations. 13.28.070 Customer billing. 13.28.080 Responsibility of payment. 13.28.090 Rate preferences prohibited. 13.28.100 Landfill user fees -Credit accounts -Advance and delinquent payments. 13.28.010 Existing rates. Rates adopted by the board prior to the effective date of the ordinance codified in this division shall remain in effect until changed pursuant to this division. (Ord. 85-037 § 10.01, 1985) 13.28.020 Rate standards. The board shall: A. Approve and establish reasonable and adequate rates for collection and disposal franchises; B. Establish collection rates which are uniform either throughout the county or within zones, based upon the length of haul to disposal sites or depots, concentration of customers, and other factors which may, in the opinion of the board, justify establishment of rate differentials. The board may establish rates which are lower for customers who source -separate recyclable material than the rates for customers who do not source - separate. Collection rates for noncommercial hauler collection franchisees shall be the same as the rate charged by the commercial hauler 01'6-134 collection franchisee serving the surrounding or adjacent service area; C. Establish rates for disposal sites that are uniform throughout the county, or different rates for each site or class of sites; D. Adjust rates pursuant to sections 13.28.030 through 13.28.060 of this chapter. E. Establish an interim rate when necessary until the board makes a final determination on the rate for that type of service. (Ord. 85-037 § 10.02, 1985) 13.28.025 Rates -Costs of recycling. After July 1, 1993, the rates established under this section shall be just and reasonable, and adequate to provide necessary collection service. The rates established by the county shall allow a person holding a franchise to recover any additional costs of providing the opportunity to recycle within the urban growth boundary area outside of any incorporated city within the franchise area. The rates shall also allow the recovery of the costs of education, promotion and notice of the opportunity to recycle provided by the franchisee. (Ord. 91- 006 § 1, 1991) 13.28.030 Rate Adjustments -Initiation A. When a franchisee proposed to adjust one or more rates, the franchisee shall make an application for rate adjustment on forms provided by the administrator. The application shall include all supporting information justifying the proposed rate adjustment, and any other information requested by the administrator. B. Rate adjustment proceedings may be initiated by the board on the recommendation of the administrator or committee or on the board's own motion. (Ord. 91-006 § 2, 1991; Ord. 85-037 § 10.03(1), 1985) 13.28.040 Rate adjustments -Review requirements. A. Upon receiving an application for a rate adjustment, the administrator shall review the application and supporting information, shall designate a qualified person confidentially to Chapter 13.28 1 (5/95) review the books and records of the franchisee applicant, and shall forward the application and supporting information to the committee. B. Upon receiving the application for rate adjustment, the committee shall review the application and supporting information, may hold an informational [pubic] public hearing on the proposed rate adjustment, and shall make a recommendation to the board regarding the proposal. C. Upon board initiation of rate adjustment proceedings, the administrator shall review the order and may designate a qualified person to review the books and records of the franchisee and such other books, records and other materials as may be necessary to address the criteria set forth in section 13.28.060. The administrator shall make a recommendation to the board regarding the board initiated rate adjustments. Prior to making such recommendation to the board, the administrator may refer the recommendation to the committee for an informational public hearing on the proposed rate adjustment. The committee then shall make a recommendation to the board regarding the administrator's recommendation. (Ord. 95-036 § 1, 1995; Ord. 91-006 § 3,1991; Ord. 85-037 § 10.03(2) and (3), 1985) 13.28.050 Rate adjustments -Public hearing -Determinations. Upon receiving the committee's recommendation, the board may hold a public hearing on the proposed rate adjustment, shall review the application and the committee's recommendation, and shall make a final determination granting, denying or modifying the application for rate adjustment. (Ord. 85- 037 § 10.03(4), 1985) 13.28.060 Rate adjustments -Public hearing -Considerations. In determining whether to grant, deny or modify an application for a rate adjustment, the board may consider rates charged by other persons performing the same or similar service in the same or other areas, and shall give due ®146--1160 consideration to the following factors: A. Changes in the cost of operation; B. Current and projected revenues and expenses; C. The investment in facilities and equipment; D. Tax credits for which the applicant is eligible; E. The services of management; F. Local wage scales; G. The concentration of customers in the area served; H. Methods of storage, collection, transportation, disposal, salvage, recycling or reuse; I. Net cost of providing the opportunity to recycle, including the avoided cost of solid waste disposal by recycling, education, promotion and notice related to recycling; J. Whether the franchisee provides incentives to customers to source -separate recyclable material; K. A reasonable return to the franchisee; L. The length of haul to disposal facilities or depots; M. The cost of disposal; N. The use of transfer stations or transfer systems and the added costs; O. The cost of alternate methods of disposal; P. The future service demands of the service area or disposal site which must be anticipated in equipment, facilities, personnel or land; Q. Extra charges for special pickups or pickups on days where service is not normally provided on a collection route; R. Extra charges where the type or character of waste or solid waste, including but not limited to wastes with peculiarly offensive odors, requires special handling or service; S. Extra charges for providing janitorial services on the premises where service is provided; T. In addition, with respect to disposal sites, the type of site, whether the site is open to the public and the hours of operation, type Chapter 13.28 2 (5/95) of waste disposed of and method of disposal; U. Cost of compliance with laws, ordinances, regulations and rules of public agencies or bodies having jurisdiction; V. Other factors which may, in the opinion of the committee and the board, necessarily affect the rates to be charged. (Ord. 91-006 § 4, 1991; Ord. 85-037 § 10.03(5), 1985) 13.28.070 Customer billing. Billings to customers of collection and disposal franchisees shall be based upon the rates adopted pursuant to this division. If the billing is itemized, each item shall accurately reflect the documented actual rate or cost for that item. The administrator may inspect the franchisee's books to determine the accuracy of itemized billings. In no event, however, shall a bill for collection services break down or itemize any portion of a bill by attributing any portion of an approved rate to recycling services or the cost of disposal. (Ord. 93-032 § 1, 1993; Ord. 85-037 § 10.06, 1985) 13.28.080 Responsibility of payment. Any person who receives service shall be responsible for payment for such service. The landlord of any premises shall be responsible for payment for service provided to that premises if the tenant does not pay for the service. (Ord. 85-037 § 10.05, 1985) 13.28.090 Rate preferences prohibited. A. No franchisee subject to rate regulation by this division shall give any rate preference to any person, locality or type of solid waste stored, collected, transported or disposed. B. Nothing in this section is intended to prevent: 1. The reasonable establishment of uniform classes of rates based upon the type of waste collected, transported, disposed of, reused, recycled or recovered; the number, type and location of customers served; or upon other factors, as long as such rates are reasonably based upon costs of the particular service and are approved by the board in the same manner as other rates; 140 2. The reduction in rates charged to persons who source -separate recyclable material. However, the rate charged to a person who recycles shall not be greater than that charged to a person who does not source -separate materials for recycling; 3. Any franchisee from volunteering service at reduced or no cost for a charitable, community, civic or benevolent purpose. (Ord. 85-037 § 10.04, 1985) 13.28.100 Landfill user fees -Credit accounts -Advance and delinquent payments. A. Disposal and Landfill User Fees. Except as provided in subsection B of this section, every person disposing of solid waste at a disposal site or landfill shall pay all disposal and landfill user fees imposed by this chapter at the time of disposal. The county may refuse access to a disposal site or landfill to any person who does not pay all required fees at the time of disposal. B. Credit Accounts. The administrator may authorize the payment of disposal and landfill user fees on a monthly basis through the establishment of a credit account with the solid waste division of the department of public works. The administrator may establish such a credit account, upon application, only if the applicant: 1. Is a public body or a business. As used in this section, "public body" means the United States, the state, and any city, county, school district or other political subdivision or municipal corporation or any instrumentality thereof. 'Business" means a commercial or industrial enterprise in which property, goods and/or services are manufactured, sold and/or managed; 2. Has paid disposal and/or landfill user fees during the previous year averaging a total of at least $50.00 per month for the months of landfill use, or, if a new landfill customer, demonstrates to the administrator's satisfaction that the customer will pay fees averaging a total of $50.00 per month; 3. Deposits with the administrator, if Chapter 13.28 3 (5/95) requested to do so, a refundable security deposit equal to twice the applicant's average monthly landfill user fee, to secure payment of disposal or landfill user fees. The administrator may request that a security deposit under this subsection be submitted by any applicant who previously has been delinquent in paying disposal or landfill user fees and by any new landfill customer. However, no security deposit will be requested if the applicant is a public body or a solid waste collection franchisee; 4. At the time of application, is not delinquent in paying disposal or landfill user fees. C. Billing -Delinquent Payments -Interest. If the administrator authorizes monthly payment of disposal or landfill fees pursuant to subsection B of this section, the solid waste division will bill the landfill customer monthly. Fees are due and payable to the county solid waste division on the 30th day of the month for the preceding month, and are delinquent on the 15th day of the month following the billing. Any landfill customer who fails to remit the fees due prior to delinquency shall pay interest at the rate of three-quarters of one percent per month, or nine percent per year, on the unpaid balance, with proration for a fraction of a month. D. Use of Security Deposit -Cancellation of Credit Account. If a landfill credit customer becomes delinquent and fails to remit the landfill fees owed, plus interest, within 10 days of notice of delinquency, the administrator shall direct the payment of delinquent fees and interest from the security deposit collected pursuant to subsection B(3) of this section, shall direct landfill staff to refuse the customer access to landfills or disposal sites until the customer has paid all delinquent fees and interest owed, and shall cancel the landfill customer's credit account. Upon cancellation of a credit account under this section, or upon closure of the account at the customer's request, the security deposit given under subsection B(3) of this section shall be refunded to the customer, less any portion of 014,6_1=4 � the security deposit used to pay delinquent user fees and interest under this subsection. E. Collection of Delinquent Fees. Nothing in this section shall be construed to limit in any way the county's authority to collect delinquent landfill user fees by any lawful method. F. Advance Payment. The administrator may authorize landfill customers who do not qualify for credit accounts under subsection B(3) of this section to pay their landfill user fees in advance, by depositing with the administrator an amount to be determined by the administrator (but not less than $50.00), from which the customer's monthly disposal or landfill user fees will automatically be paid. Landfill customers paying in advance under this subsection will not be billed, but will be notified by the administrator when the funds deposited are exhausted, and will be requested to deposit additional funds when necessary. If the landfill customer paying in advance under this subsection fails to deposit sufficient funds to pay the customer's landfill user fees, or elects to terminate making advance payments, the customer must commence paying fees at the time of disposal under subsection A of this section. (Ord. 86-060 § 1, 1986; Ord. 85-037 § 11.04, 1985) Chapter 13.28 4 (5/95) 014116-1-111�s Chapter 13.32 REGIONAL COLLECTION AND DISPOSAL Sections: 13.32.010 Agreements -Joint franchising or planning. 13.32.020 Agreements -Allocation of franchise fees. 13.32.030 Commercial hauling and self - hauling disposal -Regulations and fees. 13.32.010 Agreements -Joint franchising or planning. The board may enter into agreements with any city or county for joint or regional franchising of collection, recycling or disposal service or planning for regional solid waste management. (Ord. 85-037 § 11.01, 1985) 13.32.020 Agreements -Allocation of franchise fees. The board may enter into agreements with any city or county providing for the allocation of franchise fees where franchise service areas cross city or county boundaries. (Ord. 85-037 § 11.02, 1985) 13.32.030 Commercial hauling and self - hauling disposal -Regulations and fees. The board may require any franchisee or other person to apply to the public works department for a permit before hauling and placing any solid waste in any landfill or sanitary landfill in [Deschutes] the county. Upon recommendation of the committee, the board may adopt or modify landfill disposal fees. (Ord. 95-036 § 1, 1995; Ord. 85-037 § 11.03, 1985) Chapter 13.32 1 (5/95) Chapter 13.36 NUISANCES AND ABATEMENT Sections: 13.36.010 Nuisance conditions designated -Abatement. 1336.012 Definition -Nuisance. 1336.020 Disposal site -Board approval -Nuisances. 13.36.030 Unauthorized disposal prohibited. 1336.040 Transportation of solid waste on public roads. 1336.045 Transportation of dirt, aggregate, demolition materials, solid waste and waste on county property. 1336.050 Abatement of solid waste nuisances. 1336.010 Creation of nuisance. Except as otherwise authorized under this chapter, no person shall create or maintain a nuisance on private property. Such nuisances are declared to be public nuisances which may be abated as provided under Deschutes County Code 15.04.070 or by instituting court proceedings. (Ord. 95-002, § 1,1995; Ord. 85- 037 § 12.01(1), 1985) 1336.012 Definition -Nuisance A. "Nuisance" includes: 1. All open holes, wells, cisterns, cesspools, or unsanitary septic tanks, foundations or nonoperating refrigerators, freezers, or iceboxes with attached doors; 2. Solid waste; as defined under Deschutes County Code 13.12.[040(33)]205; 3. Those definitions of nuisance pursuant to Deschutes County Code 12.35.100, 15.04.170, and 18.144.040; or 4. Land that as a result of grading operations, excavation or fill causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to adjacent properties or to the public health, safety and welfare. B. Generally accepted, reasonable and prudent farming and forest practices as described in Oregon Revised Statutes 30.930 to 30.937 and Chapter 9.12 of this Code do not constitute nuisances under this section. (Ord. 95-024 § 13, 1995; Ord. 95-002 § 4, 1995) 1336.020 Disposal site -Board approval -Nuisances. Except as provided in section 13.16.020 of this [division] title and in the definition of "disposal site" in section 13.12.040 of this [division] title, no person shall use or permit to be used any land within the county as a public or private disposal site without approval of the board. The disposal of waste or solid waste in or upon such land is declared to be a public nuisance which may be abated as provided in section 13.36.050 of this chapter. (Ord. 85-037 § 12.01(2), 1985) 1336.030 Unauthorized disposal prohibited. No person shall dispose of solid waste on or in any property or premises subject to this division of which such person is not the owner, occupant or person entitled to possession, or which is not a disposal site approved by the board. (Ord. 85-037 § 12.049 1985) 1336.040 Transportation of solid waste. No person shall transport waste or solid waste in or on a motor vehicle or trailer upon a public road unless such waste or solid waste is: A. Covered on the sides, top and bottom with a cover secured to the vehicle or trailer; or B. Securely tied to the vehicle or trailer in such a way that such waste or solid waste is unlikely to sift, leak or otherwise escape therefrom. (Ord. 85-037 § 12.05, 1985) Chapter 13.36 1 (5/95) 0116-1140 13.36.045 Transportation of dirt, aggregate, demolition materials, solid waste and waste on county property. No person shall transport dirt, aggregate, solid waste or waste in or upon a motor vehicle or trailer upon property owned by Deschutes County unless such dirt, aggregate, solid waste or waste is: A. Covered on the sides, top and bottom with a cover secured to the vehicle or trailer; or B. Is contained within a vehicle or trailer in such a way that the dirt, aggregate, solid waste or waste will not shift, leak or otherwise escape therefrom. (Ord. 90-008 § 1, 1990) 13.36.050 Abatement of Nuisances. A. Except as otherwise authorized under Deschutes County Code, the condition of a building or land which has been determined to constitute a nuisance is in violation of this code, and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures provided under Deschutes County Code 15.04.070. (Abatement of Dangerous Buildings) B. Nothing in this chapter shall be deemed to limit or otherwise modify the ability of the board and/or any person who has suffered special damage from the nuisance, to abate nuisances through alternative remedies as provided for under the law. (Ord. 95-002 § 2, 1995; Ord. 88-002 § 1, 1988; Ord. 85-037 § 12.02, 1985) Chapter 13.36 2 (5/95) -- A. Chapter 13.40 ENFORCEMENT, APPEALS, PENALTIES Sections: 13.40.010 Enforcement. 13.40.020 Appeals -Decisions of the board. 13.40.030 Appeals -Decisions of the administrator. 13.40.040 Violation -Penalty. 13.40.010 Enforcement. It is the duty of the board to enforce chapters 13.12 through 13.40 of this division. (Ord. 85-037 § 13.03, 1985) 13.40.020 Appeals -Decisions of the board. All decisions of the board under this division shall be reviewable by the Circuit Court of the state for the county. (Ord. 85-037 § 13.01, 1985) 13.40.030 Appeals -Decisions of the administrator. The board, upon its own motion or upon the request of an interested person or affected public agency or public body, may review the decisions of the administrator made pursuant to the division and may uphold, modify, rescind or leave standing the decision of the administrator. The board may hold a public hearing with notice to interested persons, public agencies or public bodies to review a decision of the administrator. (Ord. 85-037 § 13.02, 1985) 13.40.040 Violation -Penalty. A. Any violation of section 13.20.040, 13.24.010, 13.28.010, 13.36.010, 13.36.020, 13.36.030, 13.36.040 or 13.36.045 of this chapter constitutes a Class A infraction. (Ord. 95-002 § 3, 1995; Ord. 90-008 § 2, 1990; Ord. 86-035 § 1, 1986; Ord. 85-037 § 13.04, 1985) Chapter 13.40 0140®�1 41 (5/95)