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Home My WebLink About668 i<':!I!!iI!'!""''-" ~-~-;[:- ... ,~_.. ~ -..--.--.. --- .. c ~ / - ' '. \ '-L-} . , \;?~O-~~C C<.C ~ / ~tt,\ C, kb q . . '~ . (j .. , ---_ 'III '"' ORDIliliNCE NO. 668 AN ORDI~ulNCE: Relating to garbage and waste matter, providing for the letting arA awarding of contracts for the collection, removal and destruction of garbage and waste matter, amending Sections 5, 10, 12, 13, 14, 21 and 23 of Ordinance No. 465 of the ordinances of the City of Auburn, and repealing Sections 11, 17, 19 and 20 of said Ordinance No. 465. THE CITY COUNCIL OF THE CITY OF AUBURlY DO ORDAIN AS FOLLOWS: If/ Section 1. That Section 5 of Ordinance No 465 of the City of Auburn, entitled It An Ordinance defining garbage a.nd waste matter, de- claring the accmuulution thereof within the City of ~uburn to be a public nuisance and detrimental to the public health and offensive to the senses, providing the manner of disposal thereof, providing for the letting of an exclusive contract for the removal and destruction of garbage and waste matter ~nd dead animals and fowls, providing pen- ult i es fa r via lat ions l_e reo f, c.md repealing ordinance lJo. 268 and Ordinance Ho. 297 of the ordinances of the City of Auburnll, as amended b:' Ordina.nce ITa. 489 of the ordim:;,nces of the Oi ty 0 f Auburn, be amended so that, as amended, said Section 5 shall read as follows: Section 5. That it shall be lUllawful for any householder, head of a family, ten~nt or proprietor or operator of a place of business within the corporate limits of the City of Auburn to permit garbage thc",t has accumuluted upon bis, her or their premises, to remain upon said premises for a period ~nger than eight days, or to permit waste matter thL"t has accumulated upon his, her, or their premises, to rellluin upon said premises for a period longer than thirty (30) days from the date of the first accumulation thereof and that all such garbage and waste matter shall be removed beyond the corporate liLlits of the City of Aubuxn and be destroyed; that all garbage that consists of waste~ fruit, vegetables, animals, fowls, fish, or kitchen or table refuse, or offal, swill, and any and all waste matter that is or may become offensive to the senses, shall be removed at least once in every eight days; provided, however, that ashes that have at all times been kept and are entirely separate and apart from garbage and other waste may be removed to and disposed in such place or places within the corporate limits of the City of Auburn as the City Council may, from time to time, by resolution, designate; and that no garbage shall be destroyed within the corporate limits of the City of Luburn unless the same be destroyed by burni~g to an odorless ash. Section 2. That Section 10 of said Ordina.nce No e 465 be amend- ed 80 that, as 8."Ilended, said Section 10 shall read as follows: Section 10. That for tbe purposes of this ord~ce the words "garbage contract or" shall be he ld to include mean the person, firm or corporution to "vhom the Oi ty C~nctl shall have let and awarded a contract for the removal and destruction of garbage and waste matter as in this ordinance provided. Section 3. That Section 12 of said Ordinance No. 465 be amend- ed so that, as amended, said Section 12 shall read as follow:,:;: Section 12. That the garbage contractor shall '.fiholly at his own expense acquire by lease, purchase or otherwise and provide and m.aintain a place cind grounds as a garbage dump to which all garbage and vmste matter and dead animals tLnd fowls accumulated or accumulating within the limits of the Cit~l of Auburn and removed by the garbage contractor shl:i.ll be removed and thete -1- . , ..........-.- destroyed; that such pl.ace and grounds to be so used as a garbage dump shall be Vi,T}10 lly outside of the corporate limits of the City 0 f Auburn and not less than eighty (80 j rods, measured in a straight line, from the nearest part of such corporate limits; that the Garbage Contractor shall at (111 t irlles save the Ci ty of l:l.uburn hc.rmless from any and L 11 claims arising or to urise from the use of such place und grounds as a garbage dump aIn Ni~l, wholly, at his expense, defend any suit, action or claim (if any) brought or claimed on account of such use; that the garbage contractor shall, Lmnec1intely after emptying un;y garbage can provided with a cover as in this Ordinance required, properly replace such cover upon such gt~rbage can; thut 1,,11 of the provisions of this ordinance insofar as the 881ae reL<te to or effect such ga:cbuge contractor, shall be deemed a contract bet'Neen the City of .....uburn aIn such garbci.l)e contructor as full;)' b.m to the same extent as though the same were fuLLy included in a separate written contract between the City of Auburn and such garbage contractor; and tbat before any contract sbull be finally let and. uViarded by the City of .i...uburn to u gc,rbage contn"ctoJr for the removal and destruction of garbage and waste matter and before such contract shall be signed and executed on beh;;;,.lf of the City of Auburn, the person, firm or corpJr~tion to whom such contract is being let arn aVlarded shall furnish b.. ,surety bond to the Cit~ of i:l.uburn to be a.pproved by the Ci ty Council, in the sum of ,I; ~ 0 00, ~~ , conditioned for the faitbful performance of his, tbeir or it~ contract and fo r th e faithful cO:lplh"nce b37 said garbage c on- tructor /litb alL of the ordinunces of the Jity of .b.uburn re- latinl) to the reaoval and destruction of I)llrbage and \,'laste matter. Secti'JIl 4. TIL.t jection 13 of Sclid Ordillc.llCO l'o. 405 be ,...mend- ed so that, &S ic<ffiended, said Se ct ion 16 sh&ll read us fo llows: Sect ion 10. ~bat the City Council shall, every /~ (.~-) years or as frequently as may be required, let i:H1d. a:\lard a contract for the collection, removing, transfering, trarlli- porting and conveying garbuge L.ndilaste ,;latter, und d.e,;d animals and fowls, vvi thin the limits of the City of .i'i.uburn, and for the destruction of the SGLne. Such contr:::,ct ~jh,-.L, be let upon competitive bids. The City Council expressly reserves the rigl1t to re.j ect any and d,ll bids. The City Council expressly reserves the right to take into consider- ation u.nd puss upon the responsibility of ed.cb bidder for sucb contract and tbe ubility of such bidder to fully carry out and perform al L tbe terms of the contnwt for the removal and ,iestruction of gA.rbL~ge eIll duste matter. In cv;:e of re- jection of (;.(11 bid.s, tbe City Council lUuy in its discretion direct the City Clerk to re-advertise for bids as in this ordinance provided, or the City may assume the work of such removing und destruction of garbage aYrl waste ~utter. Se ct io n 5. ~hcit Sect io n 14 of said Ordinance lJo. 465 be amend- ed so tbit, as amended, sui d Sa ct ion 14 sh(~ it.. read us fa 11o'NS: Section 14. Upon direction of the City COU11Cil, the City Clerk shell advertise for bids for the contract of removing t:ind d est:ro;yins g;;:...rbe;,ge und whste nVj,tt er as in this ord iWUlce pro- vided, in co nfo rmi ty \'lith the 0 rdinc",nces 0 f tb e Oi ty ,] f .uuburn, the first publication of such call for bids to be at least 10 duya prior to the ticne for opening S!..:tme. 1:he City iJouncil shull bave tbe pOHer to reject c.ny and :,,-,-1 bids und sbL.1L. GlIIJC:.i-rd such con- tract to the persoll, firm or corpor;'.ltion in tbeir judgment best '. -;;:j- . .. , qualified and equipped for the performance of such contract. It is understood that tl1e municipally owned water system of the Oity of i.\.uburn has now apprCllximately 1357 taps. In submitt- ing bids. each bidder shall specifj the LlOnthly Sum asked by such bidder for the removal and destruction of 2.<.11 gurbage and waste matter b.S in this ordinance provided so long us the number os such wL.ter taps shi:;<.ll be less them 1500, sh&ll specify the Ei.mount of the bid for such remova.l 2.<.nd destruction, monthly. whenever the number of such wb.ter taps shall equal or exceed 1500 and shall not exceed l549 Nuter taps and i;3h,c,ll specify the additional amount to be paid to such garbage contractor, monthly, for each additional 50 water tups, or fraction thereof. ./;.\.11 garbage andN"aste matter accumulat ing in or about each butcher shop and (or) fish market, euch butcher shop ani retail grocery stars combined, euch cigar store Rith fruit, each hospital, each hotel ~ith or without cafe, each retail grocery store, each restaur- ant, and each apartment house ,vi thin the corporate lLlii ts of the City 0 f Auburn,liThich garbage shall have been placed in cans, and whi ch garba.ge urJd waste matter shall have been pluced in a location convenient to the garbhge contractor for the removal of the same as in this ordinance provided, shall be removed and destroyed by the garbage contractor as in this ordinance provided, once each forty-eight (48; hours. All oJlrbage and waste matter accumulating in or about each bakery, each, bank, each barber shop, each boarding house, each book a1m stationery store, each cigar store, each clothing store, each shoe store, each department store, each drug store, each dry goods store, each electrical supply store, each express ~..md (orj railroad office, eelch feed store. each gent's furnishing store, each hardvvare store, each lodge and (or' club, each office building, each paint and wall puper store, eficl~ pool room, each In.'inting office, Each r,-"c.k:et, buzaar and. notion store, each real est ate und (or) insurunce office, each tea bm crockery store, e&c}~ tin shop, each sheet metal works and (or) plmabers, e8ch laundry, each oil station, eadh church, each school, and each stJre and place of business not specifically mentioned, vvithin the corporate limits of the City of Auburn, which garbage and waste matter sh,',11 huve been placed. in o.ans, and which garbage and wbste uutter shall have been placed in a location con- venient to the ~arbu~e contractor for the removal of the same as in this ordinanCe provided, shall be removed and. destro;yed by the garbage contractor as in this ordinance provided, semi-weekly. All garbage andvc..l.ste matter accumulating in or about each private residence, e,.cch garage und each second hum star eNi thin the cor- porate li;;lits of the City of Auburn, which gurbuge shall have been placed in cans, and which garbage and waste matter shall have been placed in a location convenient to the garbage contractor for the removal of the sume us in this ordinance provided, shall be removed and destro:led by the gurbiige contractor us in this ordirmnce provided, weekly. The garbage contracto~ &hall remove and destroy, as in this ordinance provided, any animal or fowl which shall have died within the corporate limits of the City of ~uburn, except animals or fowls killed or slaughtered for the purpose of trade and kept for sale by th e persons engaged in the business 0 f market- ing meats, within the period of six vvorking hours from and after such garbuge contractor shull have been notified of the death and the location of such animal or fowl. Section 6. Thut Section 21 of said Ordinance lJo. 465 be amend.- ed so that. as amended, said Section 21 shall read h.S follows: Section 21. The City Council reserves unto itse1f the power to cancel and reject any garbage contract entered into between the City of Auburn and u garba~e contractor under the provisions of this ordim.mce for fuilure or refusal of such garba~e contractor -3- . . ... , to faitbfully e...nd fully cOllply witb all or any of the terms of tbis ordinance, Ahich are, by the terms of tr",is ordinance to be complied Nit:h by sucl1,garbage contructor,( or for the fu.il- ure or refusal of such ga.rbage contractor) to fai thfull;y keep and perform all of tl1e terms and condi ti6ns of theNri tten contr:c.lct entered into between the Citv of Auburn &nd such g>irbage contract 0 r. .At le.'Ci.st tw'enty (20) d::..l.Ys before cancel- ing or revoking such contract, or holding uny hearing upon proceedings instituted for tha.t purpose, the City Uouncil sball cause to be served upon tbe gCJ.rbhge contractor a vlritten notice stiitilF?; the time dnd pluce of heG-ring concerning such proposed cancellation and revocation and fl.lso stating the ;:1':.'''"'1"-'1 elleged for such proposed cancellation Gnd revocation, ur:Ki at ~uch hearing the garbuge contractor shall be entitled to be heard and to introduce the testLnony of witnesses. 1.'he action of the City Council, after such be,=-,ring, relative to such c8.ncellCition and revocation shall be final, subject only to review by proper proceedings in I:~ court of record upon the claim of su-ah garbage contractor thCJ.t tbe action of the Uity Council has Deer: arbitrary or oppressive or without just cause. Section 7. J.'hat Section 23 of said ordinanoe lio. 465 as amend- ed b~' Ordini:..l.l1oe 489 of tLe ordilJULC6S of the City of .t,u-burn be i:;t.mended so that, as ,.mended, sCJ.id Section 23 2hhl1 read as follows: Section 23. It shall be the duty of the City Redlth Officer from time to time uru whenever requested by the City Council so to do, to inspect all pre:;lises, alleys, st:reets and public and 'p:riv.~te Vl'J1JE;rtS Jilillin tlj(; ,.;o:r~Jric<te li;..lit:,s uf Lhe 0it~7 UI .Auburn to determine vJhether or not tbe accumulated or 4ccmllulat- ing gurbage is being collected, removed Gi.nd destroyed as provided in tbis ordinance, .:...nd if, in the opinion Jf tbe Oity Healtb Officer, any accumuli:.l.ting or accumulb.ted garbage or waste matter is dangerous to the public health or offensive to the senses such fiealth Officer shall immediately direct und give notice to tbe housebo lder, bead of t be f,s.mi ly, pro pri e -,' r, te Ilant or 0 tlJe r person responsible for such unsantte..ry or offensive condition to forthwith cause such garbage or wuste matter to be re~oved and destro;'ed according to tbe provisi'JLs of this ordinunce, wbicb removal and [lest ruct io n sbc~ll beillad e 'Ni thout dny additional cost or expense to tbe City of Auburn. J:..nyperson who shall fail, neglect or refuse to promptly comply vlith suoh order, notice or direction of tLe ~ity HeCilth 0 ficer s1Jc",ll be deemed guilty of a misdemeanor c..nd upal1 c.1. conviction thereof shd.l1 be pUllisbed as hereinafter provided. Section 8. TLat Sections 11, 17, l~ Q,nd ~O of said OrdinanO-e Do. 465 be rind the same Lereby are :repealed. Section 9. ~nlis Ordim:..nce shc",IL take effect '-",nd be in foroe five (5) days from and after it s pass<.l'se, approvul and 1mbli c'", t ion LtS required by la:7. Introduced November 20, 1928 PIA-ssed IJove,aber~, 1928 App:roved , Ivlayor -4- . ,. . ... . ~ .~ AttdV~/ ~ y er V LPPROVED AS TO ]'0 R1VI W~(~y Published Hovember "r: 1~8b. Jtate of ~ashingtcn, ~l 55:. GC'UY1t:V? 0 f }' ing, Ti. I3-:...ringer, the dul:: al;liointed, plalified ~md acting City Clerk r" .t:~iL:J'" of .L1.uburn, a ~JuniQl~.d.l (:;crIlor~tion of Lilt:; t:l'll5i_<: (;l~ss, sitt~Llte l:'l L'<l~~:->:'ur:t~t of King, State of '7:1shing'ton, do certify the fcregoit1g is -" full; t_cne il}c!_ ,-~orl'~ect co.:.:-:?" of Crdinar:.ce 1J.'" {".,G87 o{? tIle Cirdinances cf Lhe siid tIle ;~;it:I 'Jf .a,1)."1n.tl'"n, tit1.e~1-t.u.1- ":.JI:~....7"':]B ~~el3.ti!1e: to f>1.rl)uge tJ:nd vvaste ::tatter, :~':r'c'Ii\]in:: ICY' thP lettiu8 }~'v1 :":"/l-:::.ru of (~(;nt1':J.\;ts t,:,:~ the eclletion, rc:_r':.cval ,~'t!jr1 dE; t"_3';,~tl.cn of and \v:::..ste ?::8.tter, et-:~.. I further c~ertif:r1 tr:.at said ~)rdin.~nce -1J:668\v3.s du=_:? ~~sse'J tht: Jcurlcil ~!~d r~ \roved by the l~yor of the said the Gity of ~~~~urn, ~lnd rllbllshed 3S ~rovided b~1 l~~.~:~'-'}-,;_~ ...:.\.U~~)1.11-'E 'j,}o.te--J.erilJblican a ;."leel~ly )-t8"vf)pal)er 1)u1)lished in t~-"!r; Cit;{ of ......ulnlrn, -4~--j(~ cf 2}jY:er~1. ci.r'"_~1)"...::.tia~1 L:}~,,'reir.L, on the 22sd d:J.Y of !:"o"]e~':.~l.;pr, 11:;~8" .n tne s s :;ry lUna ",llu of lTovember, 192e. r.1I8 ofi'icbl se..U. of ~he 0i tyol.p~W;VBy' thi~n.4~"~".' ~ ~.... ~ -.: ();1/;/ -,~1 ----- Gi t:," -Jlerk /