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2001-589-Ordinance No. 2001-30 Recorded 7/26/2001DESCHUTES COUNTY OFFICIAL RECORDS pi MARY SUE PENHOLLOW, COUNTY CLERK COMMISSIONERS' JOURNAL 07/26/200112:21:00 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON01 JUL. 26 PM 12; 21 An ordinance amending Deschutes County Code provisions 13.36.040 and 13.28.020, amending the definition of solid waste covered and secured loads and establishing a rebate for covered and secured loads arriving at solid waste disposal sites. Ordinance No. 2001-30 C uR-EVIEWEDD LEGAL COUNSEL WHEREAS, people often transport uncovered and unsecured solid waste loads in violation of Deschutes County Code (DCC) 13.36.040 to the Deschutes County solid waste disposal sites and these uncovered loads result in large amounts of litter falling from the vehicles at the sites but before proper disposal; and, WHEREAS, this litter is a nuisance to adjacent properties and a health hazard for the County; and, WHEREAS, the for cleanup of the litter is costly to the County and not recovered with the current fees; and, WHEREAS, the cost of the cleanup of solid waste litter throughout the County should be borne by those not covering and securing their solid waste loads; and, WHEREAS, charging the full cost attributed to litter from uncovered and unsecured loads will help to discourage such loads being brought to the disposal sites and will serve as an educational tool; and, WHEREAS, amending the definition of covered and secured loads will prevent ambiguities in determining which loads warrant the disposal surcharge or citation; and, WHEREAS, covered and secured loads do not contribute to the littering of public property with solid waste and should not be charged the costs of litter control; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS as follows: Section 1. AMENDMENT. Section 13.28.020, Solid Waste Rate Standards, of the Deschutes County Code is amended to read as set forth in Exhibit "A" attached and by referenced incorporated herein, with new language underlined and deleted language shown in-strikeihrough. Section 2. AMENDMENT. Section 13.36.040, Transportation of Solid Waste, of the Deschutes County Code is amended to read as set forth in Exhibit "B" attached and by referenced incorporated herein, with new language underlined and deleted language shown instFiâ–ºe- ---h DATED this day of July 2001. ATTEST: Recording Secretary REVIEWED tryi _.COUNSEL BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY Exhibit B Chapter 13.36. NUISANCES AND ABATEMENT 13.36.010. Creation of nuisance. 13.36.012. Definition -Nuisance. 13.36.020. Disposal site -Board approval -Nuisances. 13.36.030. Unauthorized disposal prohibited. 13.36.040. Transportation of solid waste. 13.36.045. Transportation of dirt, aggregate, demolition materials, solid waste and waste on County property. 13.36.050. Abatement of nuisances. 13.36.010. Creation of nuisance. Except as otherwise authorized under DCC 13.36, 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 DCC 15.04.070 or by instituting court proceedings. (Ord. 2001-016 § 2, 2001; Ord. 95-002, § 1, 1995; Ord. 85-037 § 12.01(1), 1985) 13.36.012. 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 DCC 1.3.12.205; 3. Those definitions of nuisance pursuant to DCC 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 ORS 30.930 to 30.937 and DCC 9.12 do not constitute nuisances under DCC 13.36.012. (Ord. 2001-016 § 2, 2001; Ord. 95-024 § 13, 1995; Ord. 95-002 § 4, 1995) 13.36.020. Disposal site -Board approval - Nuisances. Except as provided in DCC 13.16.020 and in the definition of "disposal site" in DCC 13.12.040, 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 DCC 13.36.050. (Ord. 2001-016 § 2, 2001; Ord. 85-037 § 12.01(2), 1985) 13.36.030. Unauthorized disposal prohibited. No person shall dispose of solid waste on or in any property or premises subject to DCC 13 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. 2001-016 § 2, 2001; Ord. 85-037 § 12.04, 1985) 13.36.040. Transportation of solid waste. ANo 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- covered and secured. a 1 .i. .,, c.. . .0 B. "Covered and Secured" includes: 1. Loads which are totally contained within an enclosed vehicle or container, 2. Loads of refuse contained in garbage cans with tightly fitting lids, tied plastic refuse disposal bags or similar totally Chapter 13.36 1 (03/2001) Exhibit B enclosed individual containers and are completely contained within the walls of a vehicle or container, such that none can reasnably be expected to escape during hauling; 3. Loads of refuse which are covered, as with a cloth or plastic tarp, and tied into the hauling vehicle, such that no refuse can reasonably be expected to escapee during hauling. 4. Loads of brush, building materials and similar bulky materials which are tied into the hauling vehicle or completely contained within the walls of a vehicle or container, such that none can reasonably be expected to escape during hauling; or 5. Loads consisting entirelv of rock, concrete, asphalt paving,.stumps and similar materials and are completely contained within the walls of a vehicle or container. such that none can reasonable be expected to escape during hauling, (Ord. 2001-016 § 2, 2001; Ord. 85-037 § 12.05, 1985. Ord. 2001-30 &2) 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. 2001-016 § 2, 2001; 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 DCC 15.04.070 (Abatement of Dangerous Buildings). B. Nothing in DCC 13.36 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. 2001-016 § 2, 2001; Ord. 95-002 § 2, 1995; Ord. 88-002 § 1, 1988; Ord. 85-037 § 1.2.02, 1985) Chapter 13.36 2 (03/2001) Exhibit A Chapter 13.28. RATES AND CHARGES 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 -Determinations. 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 -Delinquent payments. 13.28.010. Existing rates. Rates adopted by the Board prior to the effective date of the ordinance codified in DCC 13 shall remain in effect until changed pursuant to DCC 13. (Ord. 2001-016 § 2, 2001; 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 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 DCC 13.28.030 through 13.28.060. E. Establish an interim rate when necessary until the Board makes a final determination on the rate for that type of service. F. Establish a fee for litter control for all loads arriving at Deschutes County disposal sites. Any person arriving at a Deschutes County disposal site with a solid waste load for deposit that complies with DCC 13.36.040 shall receive a rebate equal in amount to the fee currently in effect for solid waste litter control. (Ord. 2001-016 § 2, 2001; Ord. 85-037 § 10.02, 1985: Ord. 2001-30 $1) 13.28.025. Rates -Costs of recycling. After July 1, 1993, the rates established under DCC 13.28 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. 2001-016 § 2,2001; 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 Chapter 13.28 1 (03/2001)