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O-2002-38
AN ORDINANCE
AMENDING CHAPTER 8.14 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE STORAGE OF TRASH CONTAINERS
WHEREAS, the City of Lakewood has previously adopted Chapter 8.14 of the Lakewood Municipal Code relating to the storage of trash containers; and,
WHEREAS, it is necessary to amend Chapter 8.14 to clarify various provisions and to add provisions relating to the curbside pick-up of trash containers.
NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, That:
SECTION 1. Chapter 8.14 of the Lakewood Municipal Code is hereby amended by the adoption of a new Chapter 8.14 to read as follows:
Chapter 8.14
GARBAGE, TRASH AND REFUSE STORAGE AND DISPOSAL
8.14.010 Definitions.
As used in this chapter:
"Director" means the Director of Community Planning and Development
or his designee.
"Garbage" means waste material resulting from the preparation, cooking,
consumption, handling, storage or sale of food.
"Owner" means any person possessing title to any real estate, residence,
apartment building, store, building or premises within the city.
"Person" means any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, corporation,
business trust, or its manager, officer or employee.
"Refuse" means solid or liquid waste, except hazardous waste, whether
putrescible or nonputrescible, combustible or noncombustible, organic or inorganic,
including by way of illustration and not limited to, waste and materials commonly
known as trash, garbage, debris or litter, animal carcasses, offal or manure,
paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes
or wearing apparel of any kind, or any other discarded object.
"Tenant" means any person leasing, renting, or otherwise occupying,
without possessing title, any real estate, residence, apartment building, store,
building or premises within the city.
"Trash" means combustible refuse, including but not limited to paper,
cartons, boxes, barrels, tree branches, yard trimmings, dead plant material,
wood or upholstered furniture or bedding, or other similar substances or materials
and noncombustible material including but not limited to metals, tin or aluminum
cans, metal furniture, dirt, rock, pieces of concrete, glass crockery or other
mineral waste.
8.14.020 Requirement to provide containers.
A. It shall be the duty of every owner or tenant where garbage, trash or refuse
is generated to provide and at all times maintain in good order and repair container(s)
for such garbage, trash or refuse. Said owner or tenant shall provide containers
of such size and number as defined herein so that all garbage, trash or refuse
generated from the property can be accommodated in such containers without overflowing.
B. Garbage, trash or refuse containers shall be either a commercial type dumpster with a lid or a residential type garbage container with the following design:
1. Not more than ninety gallon capacity;
2. Watertight;
3. Composed of a solid and durable grade of metal or plastic or similar and
suitable material, such as fiberglass or rubber;
4. Suitable handle or handles on the outside;
5. Tight-fitting insect and rodent resistant cover.
C. Plastic trash bags may be used in lieu of a container provided they have
a closing mechanism to prevent the emission of odors and are of sufficient thickness
and strength to contain the refuse, trash or garbage without tearing and ripping
under normal handling.
D. If plastic trash bags at any location are repeatedly subject to tearing
or ripping by animals or other causes, then after notice by the city to the
owner or tenant, the use of plastic trash bags shall be prohibited at that location
and garbage, trash or resfuse containers meeting the requirements of subsection
(B) of this section shall be used.
E. Anything to the contrary notwithstanding, the owner of any multifamily residence consisting of three or more units per lot, or any entity which owns common areas that serve three or more units per lot, or the owner of any commercial or industrial zoned property, shall provide a commercial type dumpster for the occupants of the unit after notification from the Director to so provide said dumpster. The Director will notify the owner or entity only after the Director has reasonable cause to order such action. Reasonable cause shall include but not be limited to the following:
1. An excessive number of containers or bags are used to store garbage, trash
or refuse generated from any property under separate ownership. More than eight
containers or bags per property shall constitute an excessive number;
2. The existence of a filled container or bag that weighs more than fifty pounds;
3. Insects, rodents, other animals, or odor problems are in evidence;
4. Spillage or leakage is in evidence;
5. Reasonable cause exists to believe that the occupants of the multifamily residence are dumping their garbage, trash or refuse in the dumpster of adjacent property owners.
8.14.025 Placement and storage of containers and plastic trash bags.
A. Garbage, trash and refuse containers and plastic trash bags must be stored
within ten (10) feet of the building or within a concealed area not closer than
25 feet from the street.
B. Garbage, trash and refuse containers and plastic trash bags may be placed
at curbside in front of a single-family dwelling or multiple family dwelling
for collection purposes for a period not to exceed forty-eight (48) consecutive
hours each week.
C. When placed for collection, garbage, trash and refuse containers, plastic
trash bags and recyclable materials shall not be placed on the sidewalk or in
the street, in such a manner as to impair or obstruct pedestrian, bicycle or
vehicular traffic.
D. Except when placed curbside for trash pickup, all garbage, trash and refuse containers, including commercial type dumpsters and residential type containers, shall be placed on private property and shall not extend onto the public right of way. All commercial type dumpsters shall be placed on an improved all-weather surface as defined in Title 17(9)(a) of the Lakewood Zoning Ordinance and shall not interfere with vehicle or pedestrian travel and shall not obstruct the sight triangle.
8.14.028 Temporary roll-off dumpsters.
A no-charge public way permit must be obtained prior to the placement of a temporary roll-off dumpster in the public right of way. The applicant must comply with the terms set forth on the permit. Temporary roll-off dumpsters shall not be permitted in the public right of way for more than thirty (30) days unless due cause for an extension of time can be demonstrated.
8.14.030 Frequency of removal.
It shall be the duty of every owner to remove or cause to be removed garbage, trash or refuse at least once per week or at more frequent times as necessary to prevent an accumulation in excess of the capacity of containers to store such material, unless such material is being used in a compost pile.
8.14.040 Disposal at approved site.
All garbage, trash or refuse shall be disposed of by delivery to a state approved
sanitary landfill or an approved solid waste collection and transfer facility.
8.14.050 Enforcement.
The ordinance codified in this chapter may be enforced in Lakewood Municipal Court or by any other method of enforcement approved by the City Attorney. If this chapter is enforced in Municipal Court, the provisions of Sections 8.14.060, 8.14.070, 8.14.080 and 8.14.090 shall not apply.
8.14.060 Notification of violation.
A. The owner or tenant of any property which is in violation of this chapter
shall be given written notice to abate the violation within seventy-two hours
after service of the notice. Such notice shall be sent to the owner or tenant
by first class mail, postage prepaid, together with posting the notice on the
property.
B. The notice to the property owner or tenant shall direct the owner or tenant to remove the garbage, trash or refuse within seventy-two hours after service of the notice. The notice shall contain:
1. The location of and a description of the violation;
2. A demand that the owner or tenant remove the garbage, trash or refuse within
seventy-two hours after service or delivery of the notice;
3. A statement that the owner's or tenant's failure may result in abatement
by the city, in addition to any other available remedies, and the costs of such
abatement, together with an additional administrative fee of at least one hundred
dollars for inspection and incidental costs, may be assessed as a lien against
the property pursuant to the terms of this chapter, and collected in the same
manner as real estate taxes against the property;
4. A statement that if the costs of abatement plus the administrative fee for
inspection and incidental costs is not paid to the city within thirty days after
notice to the property owner of costs owed to the city, the amount owed will
be certified to the County Treasurer and an additional administrative fee of
at least one hundred dollars, for a total of at least two hundred dollars in
administrative fees, will be assessed for administrative and other incidental
costs incurred in certifying said amount to the County Treasurer; and
5. A statement that the owner or tenant may make written demand to the Director
for an administrative abatement hearing before the City Manager or his designee,
provided the written demand is made within seventy-two hours after service of
the notice, and provided the written demand for a hearing contains the owner's
current address and a telephone number where he can be reached between the hours
of eight a.m. and five p.m., Monday through Friday. Written demand for a hearing
shall be sent to the Director of Community Planning and Development, City of
Lakewood, 480 South Allison Parkway, Lakewood, Colorado 80226-3127.
6. A statement that additional fees may be assessed as set forth in Section
8.14.090.
8.14.070 Abatement procedure.
If the owner or tenant of property in violation of this chapter fails or refuses to remove the garbage, trash or refuse as directed within the time permitted, and has not made written demand for an administrative abatement hearing, the Director may then cause the garbage, trash or refuse to be removed by city employees or private contractor.
8.14.080 Administrative hearing.
A. Upon receipt of a written demand by the property owner for an administrative
abatement hearing, the Director shall notify the City Manager or his designee
and a hearing shall be held within seven days after receipt of the demand. Notice
of the hearing date and location shall be mailed to the owner at the address
listed in the written demand.
B. At the administrative abatement hearing the City Manager or his designee
shall hear such statements and consider such evidence as the Director, Code
Enforcement officers, the owner or tenant of the property, or any other witness,
shall offer which is relevant to the violation. The property owner or tenant
and the Director may be represented by legal counsel at such hearing. The City
Manager or his designee shall make written findings of fact based upon the evidence
offered at the hearing regarding the violation and shall determine whether the
garbage, trash or refuse shall be removed. The City Manager or his designee
shall within three days after the hearing issue a written order stating his
findings and conclusions. If the City Manager or his designee finds a violation
exists, the order shall direct the owner or tenant of the property to remove
the garbage, trash or refuse. The written order shall be mailed to the property
owner or tenant by first class mail, postage prepaid.
C. If an order issued by the City Manager or his designee directing an owner
to remove the garbage, trash or refuse has not been complied with within seventy-two
hours after its issuance, the City Manager or his designee may cause the garbage,
trash or refuse to be removed by the city employees or private contractor and
all costs associated with such removal shall be charged to the owner or tenant
of the property.
D. Any property owner or tenant who fails to comply with such an order may
be charged with the costs and expenses incurred in the removal of the garbage,
trash or refuse. Costs and expenses shall include costs of removal, inspection
fees, postal charges, attorneys' fees to enforce or collect such costs, legal
expenses, and any other costs or expenses incurred by the city as a result of
the enforcement of this chapter.
E. The order of the City Manager or his designee shall be subject to review
by court action, in accordance with Rule 106 of the Colorado Rules of Civil
Procedure. The city shall be considered to be a party to every proceeding before
the City Manager or his designee.
F. A record of hearings before the City Manager or his designee shall be kept, whether by electronic transcription, secretarial minutes or otherwise, and such records shall be kept in the custody of the Director for a period of one year following the date of the hearing and shall be made available for transcription as may be required. The costs of any transcription shall be paid by the person or entity requesting the transcription.
8.14.090 Costs and expenses.
A. The owner or tenant shall be liable for and pay and bear all costs and
expenses of the removal of the garbage, trash or refuse as set forth in Section
8.14.080(D), including reasonable attorney's fees for costs of collection, which
costs and expenses may be collected by the city in any action at law, referred
for collection by the City Attorney on a contingency basis, in his discretion,
collected in connection with an action to abate a nuisance, or assessed against
the property as hereinafter provided.
B. The notice required in Section 8.14.060 shall in addition to the requirements
of that section, state that if the garbage, trash or refuse is not removed within
the time stated in the notice, the cost of such removal together with an additional
administrative fee of at least one hundred dollars for inspection and incidental
costs, may be assessed as a lien against the property pursuant to the terms
of this chapter, and collected in the same manner as real estate taxes against
the property. The notice shall further state that if the cost of garbage, trash
or refuse removal plus the administrative fee for inspection and incidental
costs is not paid to the city within thirty days, the amount owed will be certified
to the County Treasurer as set forth in subsections (D) and (E) of this section,
and an additional fee of at least one hundred dollars, for a total administrative
fee of at least two hundred dollars, will be assessed for administrative and
other incidental costs incurred in certifying said amount to the County Treasurer.
If the owner or tenant is not personally served with a copy of such notice,
then a copy of such notice shall be mailed by first class mail, postage prepaid,
to the owner or tenant of such property as shown upon the tax rolls of Jefferson
County, Colorado, at the address of such owner as therein shown.
C. If after the expiration of the period of time provided for in the notice,
or as extended by the Director for good cause, costs or expenses are incurred
by or on behalf of the city in the removal of the garbage, trash or refuse,
or in connection with such removal, and the costs are not otherwise collected,
then the Code Enforcement Technician or his representative may thereafter certify
the legal description of the property upon which such work was done, together
with the name of the owner thereof as shown by the tax rolls of Jefferson County,
Colorado, together with a statement of the work performed, the date of performance,
and the costs thereof.
D. The Code Enforcement Technician shall mail a notice to the owner of the
premises as shown by the tax rolls, at the address shown upon the tax rolls,
notifying such owner that work has been performed pursuant to this chapter,
stating the date of performance of the work, the nature of the work and demanding
payment of the costs thereof, together with a fee of at least one hundred dollars
for inspection and other incidental costs in connection therewith. Such notice
shall state that if said amount is not paid within thirty days of mailing the
notice, it shall become an assessment on and a lien against the property of
the owner, describing the same, and will be certified as an assessment against
such property in the amount set forth in subsection (B) of this section, together
with an additional administrative fee of at least one hundred dollars for administrative
and other incidental costs incurred in certifying said amount to the County
Treasurer, and the above-mentioned assessments will be collected in the same
manner as a real estate tax upon the property.
E. If the Code Enforcement Technician does not receive payment within the period
of thirty days following the mailing of such notice, the Code Enforcement Technician
shall certify to the County Treasurer the whole cost of such work, including
an additional administrative fee of at least one hundred dollars, for a total
administrative fee of at least two hundred dollars. The amount certified shall
be the total amount owing for inspection costs, administrative costs, attorneys
fees, and other incidental costs in connection therewith (as set forth in subsections
(B) and (D) of this section) upon the lots and tracts of land upon which the
garbage, trash or refuse was removed or eradicated. The County Treasurer shall
collect the assessment in the same manner as other taxes are collected.
F. Each such assessment shall be a lien against each lot or tract of land until
paid and shall have priority over other liens except general taxes and prior
special assessments.
G. The minimum amount of such inspection, administrative and incidental costs
which shall be certified to the Treasurer of Jefferson County as an assessment
shall be at least two hundred dollars.
H. The amount of such inspection, administrative and incidental costs which
shall be certified to the Treasurer of Jefferson County as an assessment for
a second violation on the same property within a time period of twenty-four
months may be up to three hundred seventy five dollars.
I. The amount of such inspection, administrative and incidental costs which
shall be certified to the Treasurer of Jefferson County as an assessment for
a third violation or more on the same property within a time period of twenty-four
months may be up to five hundred dollars.
J. Notwithstanding the foregoing, any owner or tenant responsible for any garbage,
trash or refuse which has been removed or abated by the city, and for which
the owner or tenant have paid the city the costs of removal or abatement, shall
be subject to an inspection and administrative charge of at least one hundred
fifty dollars for a second violation of the chapter within twenty-four months,
in addition to the costs of removal or abatement. A third violation within twenty-four
months shall subject the owner or tenant to an inspection and administrative
charge of at least two hundred fifty dollars, in addition to the costs of removal
or abatement.
SECTION 2. Effective date. This ordinance shall take effect thirty (30) days
after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 14th day of October, 2002; published in full in the Lakewood Sentinel on the 17th day of October 2002; set for public hearing on the 28th day of October, 2002 read, finally passed and adopted by the City Council on the 9th day of December, 2002; and signed and approved by the Mayor on the 10th day of December, 2002.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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