HomeMy WebLinkAboutOrdinance 16189:~ ..._
ORDINANCE NO ~~ ~~-~~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED BY THE AMENDMENT
OF CHAPTER 12.5, `ENVIRONMENTAL PROTECTION AND
COMPLIANCE" ARTICLE I ADMINISTRATION AND
ENFORCEMENT" SECTION i2.5-103 `DEFINITIONS" AND
FURTHER AMENDING SAID CHAPTER BY THE AMENDMENT
OF ARTICLE VIII, `SOLID WASTE AND RECYCLING BY THE
AMENDMENT OF DIVISION 2, `HOUSEHOLD COLLECTION"
SECTION 12.5-801 ADMINISTRATION AND ENFORCEMENT"
SECTION 12.5-803 `SPECIAL WASTE NOT ACCEPTED"
SUBSECTION (a) SECTION 12.5-806 `WASTE CONTAINERS
.REQUIRED" SUBSECTION (d) DELETING SECTION 12.5-822.1
`PREPARATION OF HOUSEHOLD GARBAGE AND RUBBISH
FOR COLLECTION" AMENDING SECTION 12.5-822
`PREPARATION OF HOUSEHOLD GARBAGE AND RUBBISH
FOR COLLECTION" AMENDING SECTION 12.5-823
`PREPARATION OF YARD TRIMMINGS FOR COLLECTION"
ADDING SECTION 12.5-823.5 `PREPARATION OF BRUSH FOR
COLLECTION" AMENDING SECTION 12.5-824
`PREPARATION OF RECYCLABLES FOR COLLECTION"
SUBSECTION (d) AND SUBSECTION (j) AND ADDING
SUBSECTION (k)• AMENDING SECTION 12.5-825 `PLACEMENT
OF GARBAGE, YARD TRIMMINGS, AND RECYCLABLES FOR
CURBSIDE CITY HOUSEHOLD COLLECTION"
RENUMBERING SECTION 12.5-826 `PLACEMENT OF
GARBAGE AND RECYCABLES FOR CARRY-OUT CITY
HOUSEHOLD COLLECTION SERVICE" WITH THE INSERTION
OF NEW SUBSECTIONS (c) AND (d) AMENDING SECTION
12.5-827 `MAINTENANCE AND STORAGE OF CARTS"
AMENDING SECTION 12.5-828 `BULKY WASTE
COLLECTION" AND FURTHER AMENDING SAID CHAPTER
BY THE AMENDMENT OF ARTICLE VIII, `SOLID WASTE AND
RECYCLING BY THE AMENDMENT OF DIVISION 4,
`DEPOSITS, RATES AND COLLECTION" BY THE CREATION
OF AN APPEAL AND HEARING PROCESS FOR THE
COLLECTION OF SOLID WASTE FEES BY ADDING SECTION
12.5-842.1 THROUGH SECTION 12.5-842.4 PROVIDING THAT
THIS ORDINANCE IS CUMULATIVE, PROVIDING A
SEVERABILITY CLAUSE PROVIDING A FINE OF UP TO
$2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE PROVIDING A SAVINGS CLAUSE PROVIDING
FINAL DRAFT FOR COUNCIL APPROVAL
cRPIO.2LOavn Page 1 OF 21
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE
CITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 5 2004 the City Council adopted a new collection schedule which calls
for weekly collection of Brush and monthly collection of Bulky Waste (M&C C 20154)
WHEREAS, the Crty Council authorized the City Manager to enter into an Amendment (City
Secretary Contract No 30429) to the Solid Waste Collections Contract with Waste Management
of Texas, Inc (City Secretary Contract No 28358) to allow for additional and new collection
services
WHEREAS, the Amendment also allows for the collection of Out-of-Cycle Bulky Waste and
Brush Piles, oversized Bulky Waste and Brush Piles, Pay Bags and Violation Bag Tags
WHEREAS, Waste Management has notified the City that the new collections services would
be implemented by November 1 2004
WHEREAS, integral to the success of the new collecrion services is the implementation and
enforcement of the appropriate rules and regulations
WHEREAS, the Code Compliance Department of the City of Fort Worth has been tasked to
carry out the enforcement of the Solid Waste rules and regulations
WHEREAS, the City should provide due process to its citizens through the implementation of
an appeal and hearing process for fees that may be assessed against them.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, AS FOLLOWS
SECTION 1.
Part II `Code Chapter 12.5 `Environmental Protection and Compliance Article I,
Adrmnistration and Enforcement" Division 1 `General Provisions" Section 12.5-103
`Definitions of the Code of the City of Fort Worth (1986) as amended, is hereby further
amended by the deletion of the following terms m their entirety
(a) Big Trash and Big Brush
(b) Household brush and bulky waste, and
FINAL DRAFT FOR COUtVCIL APPROVAL
CRP10.21.04v11 Page 2 OF 21
(c) Recycling container
SECTION 2.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article I, Administration and Enforcement" Division 1 `General Provisions Section 12.5-
103 `Definitions" of the Code of the City of Fort Worth (1986) as amended, is hereby further
amended by the addition of the following terms m alphabetical order
Acceptable Commercial Pile means a Brush Pile produced by a Commercial Service
Provider hired by a resident of the Service Unit or owner/agent of a Service Unit,
generated and located at that Service Unit and m compliance with Chapter 12 5 but does
not include Brush generated by a utility service provider
Brush means shrub limbs, tree limbs- up to four (4) inches m diameter and not to
exceed eight (8) feet in length, untreated lumber and tree trimmings resulting from
landscape maintenance and cleaning operations (other than a Commercial Pile)
Brush Pile means a waste pile consisting only of Brush.
Bulky Waste Collection Week means the week m which a Service Unit shall have
its Bulky Waste Pile collected, as established by the City
Bulky Waste means furniture Treated Wood, up to ten (10) cubic yards of
construction materials generated by a Service Unit (and not by a Commercial
Service Provider) as a result of a household project, mattresses and box springs,
carpet, swing sets, plastic swimming pools, small and large toys, bicycles, fish
aquariums, toilets, household appliances, and other sirnilar items, White Goods
(CFC Free) large branches (being branches in excess of four (4) inches in
diameter but less than eight (8) feet in length) tree trunks and root balls provided
such items do not contain Hazardous Waste or any waste which is not acceptable
at the designated landfill.
Bulky Waste Pile means a waste pile that contains Bulky Waste
Commercial Service Provider means a commercial business enterprise or
commercial service provider for the maintenance of Yard Trimrnings, leaves,
trees and yard maintenance m general
Kraft Bag means a biodegradable multi layer paper collection bag specifically
designed for Yard Trimrnings
FINAL DRAFT FOR COUNCIL APPROVAL
CRP7o.21.o4v11 Page 3 OF 21
~-
Pay Bag means a specially designated Garbage bag purchased from the City poor to
its use, for disposal of Garbage and Refuse and placed outside the Cart.
Service Unit means a dwelling umt and all occupants that currently set out their
household Solid Waste for collection by the City
Small Bundled Brush means brush that is cut, bundled and tied, with no limbs
exceeding four inches (4 ') in diameter and four feet (4) in length and such
bundle not exceeding forty (40) pounds, but not including Bulky Waste items
Unacceptable Commercial Pile means any Commercial Pile that is not an
Acceptable Commercial Pile.
Violation Bag Tag means a tag placed on bags or boxes that are outside a Garbage or
Recycling Cart and placed there by the City to indicate to the Service Unit that a
violation of Chapter 12.5 has occurred and that a service charged shall be applied to
that Service Unit's water bill.
SECTION 3.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 1 `General Provisions Section 12 5-801
Adminstration and Enforcement" of the Code of the City of Fort Worth (1986) as amended, is
further amended so that hereafter it shall read as follows
Section 12.5-801 Administration and Enforcement.
The Director of the Department of Environmental Management and the Director of the
Department of Code Compliance and the Directors authorized representatives are
authorized to administer implement, and enforce the provisions of this Chapter
SECTION 4.
And further that Part II `Code Chapter 12 5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 1 `General Provisions" Section 12.5-803
`Special Waste Not Accepted, Subsection (a) of the Code of the City of Fort Worth (1986) as
amended, is further amended to read as follows
FINAL DRAFT FOR COUNCIL APPROVAL
CRP10.21.04v11 Page 4 OF 21
(a) Special Waste shall not be placed out for collection by the Collector nor
disposed of at any Convenience Center except as provided by subsection
(b)
Furthermore, Section 12 5-803 `Special Waste Not Accepted" Subsecrion (d) of the Code of the
City of Fort Worth (1986) as amended, is further amended to read as follows
(d) A person commits an offense if m violation of this Section, the. person.
(1) places Special Waste for collection by the City's Collector
(2) allows Special Waste placed for collection on property under his/her
control to remain on such property or
(3) disposes of Special Waste at a City Convenience Center
SECTION 5.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 1 `General Provisions" Section 12.5-806
`Waste Containers Required" Subsection (d) of the Code of the City of Fort Worth (1986) as
amended, is further amended to read as follows
(d) A person commits an offense if a person maintains, or allows on property under
his/her control the maintenance of waste containers m violation of this
Section.
SECTION 6.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 2, `Household Collection Section 12 5-
822 1 `Preparation of Household Garbage and Rubbish for Collection- Text of section effective
on June 30 2003 of the Code of the City of Fort Worth (1986), as amended is hereby deleted in
its entirety
FINAL DRAFT FOR COUNCIL APPROVAL
CRPIO.21.o4vI] Page 5 OF 21
SECTION 7
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling, Division 2, `Household Collection Section 12.5-
822, `Preparation of Household Garbage and Rubbish for Collection of the Code of the City of
Fort Worth (1986) as amended is hereby further amended so that such Section shall now read as
follows
Section 12.5-822 Preparation of Household Garbage and Rubbish for
Collection.
(a) Except as provided m subsection (b), Garbage and Rubbish shall be placed for City
household collection service only m Garbage Carts provided by the City Within a
Cart, Garbage and Rubbish shall be contained m disposable plastic bags.
(b) Plastic bags containing Garbage and Rubbish may be placed for collection under the
following circumstances, and only if the plastic bags are designed specifically for
use as trash bags, are leak proof, are of sufficient strength to resist tearing under
normal handling and are securely tied.
(1) A Service Umt that is utilizing and paying for two (2) ninety-six (96) gallon
Garbage Carts may place up to one-half (1/a) cubic yard of Garbage and
Rubbish, i.e. two (2) thirty (30) gallon plastic bags, that is bagged and
weighing no more than forty (40) pounds for collection next to the Garbage
Carts, but only after the Garbage Carts have been filled.
(2) Each Service Unit may purchase Pay Bags from the City and may place such
Pay Bags for collection next to the Garbage Carts, not withstanding
subsection (b)(1) above.
(3) Each Service Unit may place up to one-half (lh) cubic yard of Garbage and
Rubbish, i.e two (2) thirty (30) gallon plastic bags, for collection outside the
Garbage Cart on the first scheduled collection day following Thanksgiving
Day Christmas Day and New Years Day provided such Garbage and
Rubbish is in a plastic bag or in a box weighing no more than forty (40)
pounds.
(c) Yard Trimmings shall not be placed m Garbage or Recycling Carts or plastic bags.
(d) Injurious materials shall be prepared for collection as follows.
(1) Broken glass, hypoderrruc needles, sawdust, ashes and other
FINAL DRAFT FOR COUNCIL APPROVAL
CRPIO.21.o4v11 Page 6 OF 21
potentially in~unous materials that may cut sanitation workers or
blow into their eyes dunng loading shall be wrapped securely and
labeled as to their contents before being placed m Carts for
collection, so as to protect sanitation workers from injury and
disease.
(2) Animal excrement shall be placed in a plasric bag and securely tied.
(3) Dead animals weighing less than five (5) pounds shall be wrapped in
accordance with Section 12.5-803(b)(2) before being placed in Carts
for collection.
(4) All ashes shall be allowed to stand until cold to the touch before
being placed in Carts for collection.
(5) All Refuse that is mixed with liquids and all containers of hgmds
shall be drained before being placed m Carts for collection.
(6) Containers that held household chemicals shall be triple rinsed and
rendered unusable before being placed in Carts for collection.
(e) A person commits an offense if a person.
(1) places Garbage or Rubbish for collection m violation of this Section,
or
(2) allows Garbage or Rubbish placed on property under his/her control
to remain on such property m violation of this Section.
(f) Except as provided in subsections (b)(1), (2) and (3) a Service Unit which
has placed on its curb for collection, Garbage and Rubbish in plastic bags
that are not City Pay Bags and are outside of a Garbage or Recycling Cart,
may be subject to a service charge on the Service Unit's water bill for the
collection of such Garbage and Rubbish. Nothing within this subsection shall
prevent the City from issuing a citation for any violation within this Section.
SECTION 8.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling, Division 2, `Household Collection Section 12.5-
823 `Preparation of Yard Trimmings for Collection of the Code of the City of Fort Worth
FINAL DRAFT FOR CO UNCIL APPROVAL
CRP10.21.04v11 Page 7 OF 21
(1986) as amended shall now be entitled `Preparation of Yard Trimmings and Small Bundled
Brush and is further amended so that hereafter such Section shall now read as follows.
Section 12.5-823 Preparation of Yard Trimmings and Small Bundled
Brush for Collection.
(a) Except as provided by subsection (d), Yard Trimrrungs shall be placed for
city household collection service either m Kraft Bags supplied by the Service
Unit, or in an optional Yard Trimmings Cart purchased by the Service Unit
from the City
(b) Kraft Bags to be used for Yard Trimmings shall be designed specifically for
lawn and garden use, be of a thirty (30) gallon capacity and composed of 2
ply multi-grade wet strength natural kraft paper An unlimited amount of
Kraft Bags maybe placed for city household collection service
(c) Only Yard Trimmmngs shall be placed m Kraft Bags or Yard Trimmings
Carts for City collection. Plastic bags shall not be used for the disposal
and/or collection of Yard Trimmings.
(d) An unlimited amount of Small Bundled Brush may be placed for City
household collection service and each bundle shall be securely tied with one
or more bands of twine or string.
(e) A person commits an offense if a person.
(1) places Yard Trimmings or Small Bundled Brush for collection m
violation of this Section, or
(2) allows Yard Trimmings or Small Bundled Brush placed out for
collection on property under his/her control to remain on such
property in violation of this Section.
(f) A person commits an offense if a person.
(1) places for collection, a Kraft Bag or a Yard Trimmings Cart that
contains material other than Yard Trimirungs, or
(2) allows a Kraft Bag or a Yard Trimmings Cart that contains material
other than Yard Trimmings and that is placed for collection on
property under his/her control to remain on such property in violation
of this Section.
FINAL DRAFT FOR COUNCIL APPROVAL
CRPI0.21.04v11 Page 8 OF 21
SECTION 9
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 2, `Household Collection Section 12 5-
823 5 `Preparation of Brush for Collection shall be added to the Code of the City of Fort Worth
(1986) as amended and shall read as follows
Section 12.5=823.5 Preparation of Brush for Collection.
(a) Brush as defined m Section 12.5-103 shall be placed at the curb for City household
collection according to the provisions of this Section.
(b) No more than ten (10) cubic yards of Brush per household may be placed out for
collection per scheduled collection day
(c) Brush must be free from hardware, nails and treated wood.
(d) Brush shall be collected as follows
(1) Brush Piles of up to three (3) cubic yards placed at the curb on the
scheduled collection day within the set-out penod described in Section
12.5-825(a) will be collected on that scheduled collection day
(2) Brush Piles in excess of three (3) cubic yards but no more than ten (10)
cubic yards placed at the curb on the scheduled collection day within the
set-out penod described in Section 12.5-825(a) will have three (3) cubic
yards collected on the scheduled collection day and the remainder will be
collected within seventy two (72) hours of the scheduled collection day
(e) A person may not set out additional Brush on or nearby a Brush Pile that is left by
the City's Collector for collection as stated m subsection (d)
(f) Uncontamed leaves and Yard Trimmings shall not be placed out for collection as
Brush.
(g) Brush must be separated and apart from Garbage and Recycling Carts, Kraft
Bags, Yard Trimmings Carts, plastic bags including Pay Bags, Violation Bag
Tags and Bulky Waste
(h) A person commits an offense if a person.
(1) places Brush at the curb of a Service Unit for collection m violation
of this Section, or
FINAL DRAFT FOR COUNCIL APPROVAL
CRPI0.21.04v11 Page 9 OF 21
(2) allows Brush placed for collection m violation of this Section on property
under his/her control to remain on such property
(i) A person is subject to a service charge for collection of a Brush Pile m excess of ten
(10) cubic yards or placed out for collection at a time not allowed for by Section
12.5-825(a) Such fee shall be assessed on the Service Unit's water bill pursuant to
the fee schedule adopted by the City Council. Nothing herein shall prevent the City
from issuing a citation for a violation described in this Section.
~) A person is subject to a service charge for collection of a Brush Pile which contains
Garbage Recyclables, Kraft Bags, Yard Trimrrungs, plastic bags including Pay
Bags, Violation Bag Tags and Bulky Waste commingled with or on top of the
Brush Pile, or if such items are placed so close to the Brush Pile that the items
cannot reasonably be removed from the Brush Pile. Such service charge shall be
placed on the Service Unit's water bill pursuant to the fee schedule adopted by the
City Council. Nothing herein shall prevent the City from issuing a citation for a
violation described in this Section.
SECTION 10.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 2, `Household Collection Section 12.5-
824 `Preparation of Recyclables for Collection Subsection (d) of the Code of the City of Fort
Worth (1986) as amended is further amended to read as follows.
(d) The following materials are prohibited materials and shall not be placed in a
Recycling Cart for collection.
Aluminum foil
Auto glass
Drink boxes and straws
Gift wrap
Greeting cards
Hardcover books
Light bulbs
Paper milk and juice cartons
Plastic containers that held hazardous materials such as motor oil, paint,
pesticide or weed killer
Plastic grocery sacks
Pizza boxes
Polystyrene foam including cups, formed packing materials and peanuts
Toys
FINAL DRAFT FOR COUNCIL APPROVAL
CRPIO.21.oavll Page 10 OF 21
Waxed paper and waxed food containers
Garbage
Yard Trimmings
All other material not specifically allowed for by subsection (c)
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 2, `Household Collection Section 12.5-
824 `Preparation of Recyclables for Collection Subsection ~) of the Code of the City of Fort
Worth (1986) as amended is further amended to read as follows
(j) A person commits an offense if a person
(1) places prohibited material in a Recycling Cart for collection in violation of
this Section or
(2) allows prohibited material placed in a Recycling Cart set out for collection
in violation of this Section to remain on property under his/her control.
Addirionally Part II `Code Chapter 12 5 `Environmental Protection and Compliance Article
VIII, `Solid Waste and Recycling Division 2 `Household Collection Section 12.5-824
`Preparation of Recyclables for Collection of the Code of the City of Fort Worth (1986) as
amended shall now include Subsection (k) and it shall read as follows
(k) A person commits an offense if that person removes or causes the removal of
Recyclables from a Recycling Cart that does not belong to that person when that
Cart is placed for collection.
SECTION 11.
And further that Part II `Code Chapter 12 5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling, Division 2, `Household Collection Section 12.5-
825 `Placement of Garbage, Yard Trimmings, and Recyclables for Curbside City Household
Collection Service of the Code of the City of Fort Worth (1986) as amended shall now be
entitled `Placement of Garbage, Yard Trimmings, Small Bundled Brush, Brush and Recyclables
FINAL DRAFT FOR COUNCIL APPROVAL
CRP1o.2zo4vv Page 11 OF 21
for Curbside City Household Collection Service and is further amended so that hereafter such
Section shall now read as follows
Section 12.5-825 Placement of Garbage, Yard Trimmings, Small Bundled
Brush, Brush and Recyclables for Curbside City
Household Collection Service.
(a) Garbage Carts, plastic bags mcludmg Pay Bags and Violation Bag Tags, Recycling
Carts, Kraft Bags, Yard Tramming Carts, Small Bundled Brush and Brush shall be
placed at the curb no later than 7.00 a.m. on the scheduled collection day as
determined by the Director and no earlier than 6.00 p.m. on the day preceding the
scheduled collection day All Carts and plastic bags, mcludmg Pay Bags and
Violation Bag Tags, shall be removed from the curb and .from public sight, by
11 59.59 p.m. of the scheduled collecrion day unless a mussed collection is reported
to the Solid Waste Customer Service Section m accordance with Secrion 12.5-825
(f) below
(b) Carts, plastic bags mcludmg Pay Bags and Violarion Bag Tags, Kraft Bags, Small
Bundled Brush, and Brush shall not be placed in the street, in an alley on a sidewalk
or on a vacant lot.
(c) Carts shall be placed for collection at the curb
(1) with the lids closed,
(2) with the hinges facing away from the street; and
(3) with a rrummum clearance of two (2) feet to each side of the Cart and a half
foot to the rear of the Cart from any fence, gas or water meter fire hydrant,
utility pole, utility box, tree, or shrub that could be damaged by collection
equipment or other collection container bundles of Brush, or other
obstruction.
(d) Carts placed for collection shall not exceed the following weights when loaded.
32-gallon Cart - 150 pounds
64-gallon Cart - 200 pounds
96-gallon Cart - 250 pounds
(e) Kraft Bags shall be placed for collection at the curb with their tops rolled shut to
prevent the contents from blowing out, and shall be at least two (2) feet from any
Cart.
(f) The owner and/or person m control of a Service Unrt that does not receive a
regularly scheduled collection of Garbage, Recyclables, Yard Tramirungs, Brush and
FINAL DRAFT FOR COUNCIL APPROVAL
CRPIO.21.o4v11 Page 12 OF 21
Small Bundled Brush by the City's Collector must call the Solid Waste Customer
Service Section to report such mussed pick-up by 7.00 pm of the day following the
collection day An owner or person m control of a Service Umt who fails to report a
mussed pick-up within such time above must remove all Carts, bags, Brush and
Small Bundled Brush until the next regularly scheduled collection day for that
Service Unit.
(g) A person commits an offense if a person.
(1) places a Cart, any Garbage bag, Kraft Bag, Small Bundled Brush or Brush
for collection in violation of this Section, or
(2) allows a Cart, any Garbage bag, Kraft Bag, Small Bundled Brush, or Brush
placed for collection m violation of this Section to remain on property under
his/her control.
(h) A person commits ari offense if a person.
(1) blocks access to or causes. access to be blocked to a Cart that has been placed
for collection at the curb of a Service Umt; or
(2) or allows access to a Cart that has been placed at the curb for collection on
property under his/her control to remain blocked.
SECTION 12.
And further that Part II `Code Chapter 12 5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 2, `Household Collection Section 12.5-
826 `Placement of Garbage and Recyclables for Carry-Out City Household Collection Service
of the Code of the City of Fort Worth (1986) as amended is further amended so that hereafter
subsection (c) shall now be subsection (e) and the successive subsections shall be renumbered to
follow alphabetically The inserted new subsection (c) and (d) shall be as follows
(c) Yard Trimmings shall be prepared for Carry-out household collection
service as required by Section 12.5-823 and the optional Yard Trimmings
Cart placed at the curb of the Service Unit with the lid securely closed.
(d) Residents who use the City s disabled Carry-out collection service are not required
to remove their Cart from public sight from the front of their Service Umt.
FINAL DRAFT FOR COUNCIL APPROVAL
CRP1o.21.o4v11 Page 13 OF 21
SECTION 13.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling, Division 2, `Household Collection Section 12.5-
827 `Maintenance and Storage of Carts of the Code of the City of Fort Worth (1986) as
amended is further amended to read as follows
Section 12.5-827 Maintenance and Storage of Carts.
(a) A Garbage or Recycling Cart supplied to a person by the City for use at their
Service Umt remains the property of the Crty of Fort Worth. It is assigned to
a specific address, and may be removed from the Service Umt only by the
Director or the Director's contractor
(b) No~person other than the Director or the Director's contractor shall alter any
marlcmgs on a Cart nor add markings to a Cart.
(c) The owner and/or person m control of the Service Unit shall be responsible
for keeping clean all Carts that have been supplied by the City for the
Service Umt's use.
(d) An owner and/or person in control of a Service Unit shall promptly notify
the Director of the theft of a Garbage or Recycling Cart or any need for
repair or replacement of a Garbage, Recycling, or Yard Trimmings Cart.
(e) When not placed for collection, Carts shall be stored by the Service Umt m a
secure place at that Service Unit. The Carts shall be stored so as not to be
visible to a person standing in front of the Service Unit.
(f) A Service Unit maybe charged for damage to the Cart(s) which is not
caused by the ordinary use of the Cart as reasonably deterrruned by the
Director
(g) The Director may require a larger Cart to be used by the Service Umt after
an owner and/or person in control of a Service Umt has cumulatively
received three (3) or more notices of violations of this Chapter within a
ninety (90) day penod, based upon reasonable evidence to the Director A
conviction for such violation(s) is not mandatory An owner or person m
control of a Service Umt may appeal such decision pursuant to Section 12.5-
842.1 and 12.5-842.2.
(h) A person commits an offense if the person maintains his/her Cart m violation
of this Section.
FINAL DRAFT FOR COUNCIL APPROVAL
CRP10.21.04v11 Page 14 OF 21
SECTION 14.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling, Division 2, `Household Collection Section 12.5-
828 `Big Trash and Brush to the Code of the City of Fort Worth (1986) as amended shall now
be entitled `Bulky Waste Collection and shall read as follows
Section 12.5-828 Bulky Waste Collection.
(a) Bulky Waste items shall be placed at the curb for collection no later than 7.00 a.m.
on Monday of the scheduled Bulky Waste Collection Week for that Service Unit and
no earlier than 6.00 p.m. on the Friday preceding the scheduled Bulky Waste
Collection Week for that Service Unit.
(b) No more than ten (10) cubic yards of Bulky Waste per Service Unit may be
placed out for collection per scheduled Bulky Waste Collection Week.
(c) Bulky Waste must be separated and apart from Garbage, Recyclables, Kraft Bags,
Yard Trimmings Carts, plastic bags including Pay Bags and Violation Bag Tags and
Brush.
(d) Bulky Waste shall be placed for collection as follows
(1) To facilitate loading, materials shall be placed neatly and in as tight a stack
as possible at a point adjacent to the front curb Materials shall be stacked
away from utility poles, water and gas meters, fences, mail boxes, fire
hydrants, trees, parked cars, power lines, and other obstructions to prevent
damage by collection equipment and to allow the safe collection of the
materials.
(2) Materials shall not be placed m the street, in an alley on the sidewalk, or on
a vacant lot.
(3) Refrigerators, freezers, dehumidifiers, air-conditioning units, and other
appliances must be free of CFCs/HCFCs. These items shall not be collected
until the Service Unit has provided proof to the Collector that CFCs/HCFCs
have been removed from the appliance by a licensed technician.
(e) A person commits an offense if a person.
(1) places Bulky Waste for collection m violation of this Section, or
FINAL DRAFT FOR CO UNCIL APPROVAL
CRP1o.21.o4v11 Page 15 OF 21
(2) allows Bulky Waste placed for collection on property under his/her control
m violation of this Section to remain on such property
(f) A person comiruts an offense if a person alters, separates, or removes any Bulky
Waste item from a pile other than his/her own.
(g) A person is subject to a service charge for collection of a Bulky Waste Pile that is
greater than ten (10) cubic yards. Such charge shall be assessed on the Service Umt s
water bill pursuant to the fee schedule adopted by the City Council. Nothing herein
shall prevent the Crty from issuing a citation for a violation described in this Secrion.
(h) A person is subject to a service charge for collection of a Bulky Waste Pile which
contains Garbage, Recyclables, Kraft Bags, Yard Trimmings, plastic bags
including Pay Bags and Violation Bag Tags and Brush commingled with or on
top of the pile or if such items are placed so close to the Bulky Waste Pile that
such items cannot reasonably be removed from the Bulky Waste Pile Such charge
shall be assessed on the Service Umt's water bill pursuant to the fee schedule
adopted by the City Council. Nothing herein shall prevent the City from issuing a
crtarion for a violation described m this Section.
(i) A person is subject to a service charge for collecrion of a Bulky Waste Pile that is
placed for collection dunng a time other than that Service Unit's set-out period
described in subsection (a) above dunng the regularly scheduled Bulky Waste
collection week. Such charge shall be assessed on the Service Umt s water bill
pursuant to the fee schedule adopted by the City Council. Nothing herein shall
prevent the City from issuing a citation for a violation described in this Section.
SECTION 15.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 2, `Household Collection Section 12.5-
842 1 Appeal shall be added to the Code of the City of Fort Worth (1986) as amended and
shall read as follows
Section 12.5-842.1 Appeal.
(a) A water bill customer objecting to the actions, policies, or decisions of the
Director with regard to a fee for a Pay Bag, Violation Bag Tag, Brush or Bulky
Waste collection may informally appeal to the Director of Environmental
Management, or the designee, in person, or by telephone to attempt a resolution
adrrunistratively An appeal must be initiated by the water bill customer within ten
(10) business days from the issuance of the water bill.
FINAL DRAFT FOR CO UNCIL APPROVAL
CRP10.21.04v11 Page 16 OF 21
(b) If a resolution cannot be obtained by an informal appeal, then that customer shall
be advised m writing by regular mail, of the his/her right to a formal appeal
hearing pursuant to this subsection Such notice shall be sent to the name on the
water bill account and to the billing address of the account. Such notice shall
indicate
(1) the steps the customer must take to initiate the formal appeal hearing;
(2) whether failure to initiate the formal appeal within three (3) days of the
date of the notice will result m termination of water service to the account
in question, and
(3) a copy of the rules for the formal hearing.
(c) A request for a formal appeal hearing before the designated hearing officer will
not be granted when the customer's only complaint regards
(1) the determination of reasonableness or the denial of a deferred payment by
the Director of the Water Department,
(2) the customer's financial inability to pay for services rendered, and there is
no dispute as to the accuracy of the billing or the customer's liability or
(3) the design, application and fairness of the rate schedule established by the
City Council.
SECTION 16.
And further that Part II `Code Chapter 12 5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 2, `Household Collection Section 12.5-
842.2, `Hearings shall be added to the Code of the City of Fort Worth (1986) as amended and
shall read as follows
Section 12.5-842.2 Hearings.
(a) The time date and place of a formal appeal hearing shall be provided to the
customer requesting a formal hearing.
(b) The hearing shall be set by the hearing officer
(c) The customer may appear in person or be represented by an attorney or both, and
shall be afforded the opportunity to question witnesses at the hearing.
FINAL DRAFT FOR COUNCIL APPROVAL
CRP10.21.04v11 Page 17 OF 21
(d) The customer has the right to reschedule the hearing one time
(e) The formal legal rules of evidence shall not apply however all witnesses shall be
placed under oath.
(f) The formal appeal hearing shall be before a hearing officer who is
(1) appointed by the City Manager
(2) not under the supervision of the of the Environmental Management
Department or the Code Compliance Department; and
(3) not a participant m the previous decision now under review
(g) The heanng officer shall
(1) be the sole judge of the evidence and credibility of witnesses and the
facts as well as the apphcabihty of the City's rules and regulations
(2) render a final decision at the close of the heanng or within a time penod
specified and agreed to by all parties if more research is requested by the
heanng officer and
(3) on conclusion of the heanng, render a decision m wnring to all parties
concerned within ten (10) business days of the officer's conclusion.
(h) Once the heanng officer has rendered a decision
(1) if the decision reached at a formal appeals hearing is not m favor of the
customer the hearing officer shall instruct the City and customer what
action, if any must be taken by the customer to maintain water service and
set a reasonable penod of time in which the customer must take the acrion,
or
(2) if the decision reached at a formal appeal hearing is m favor of the
customer in whole or part, the heanng officer shall instruct the City and
customer what corrective action shall be taken and the Crty shall take such
action within a reasonable time, which time may be set by the hearing
officer and instruct the customer to pay or make acceptable arrangements
for payment of any amount of disputed billing found to be accurate, wrthm
five (5) business days or by the due date of the billing whichever is later
FINAL DRAFT FOR COUNCIL APPROVAL
CRP10.21.04v11 Page 18 OF 21
SECTION 17
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling Division 2, `Household Collection Section 12.5-
842.3 `Continuation of Water Service During Appeal shall be added to the Code of the City of
Fort Worth (1986) as amended and shall read as follows
Section 12.5-842.3 Continuation of Water Service During Appeal.
(a) During the process of the formal appeal, the customer's water service shall be
continued.
(b) In the event water service was terminated prior to a valid formal appeal heanng,
water service will be re initiated upon payment of an iniriation fee. The initiation
fee will be refunded if the heanng officer's decision is in favor of the customer in
whole or part.
(c) Water service may not be continued nor reinstated if there is a violation of the
City's Electric Code, Building Code, Fire Code, or any City ordinance that relates
to the water service as deemed by the Director of the Water Department.
SECTION 18.
And further that Part II `Code Chapter 12.5 `Environmental Protection and Compliance
Article VIII, `Solid Waste and Recycling, Division 2, `Household Collection Section 12.5-
842 4 `Rights and Remedies of the City" shall be added to the Code of the City of Fort Worth
(1986) as amended and shall read as follows
Section 12.5-842.4 Rights and Remedies of the City
The failure of the City to comply with any deadlines in this Chapter does not result in the
City's waiving its nght to seek termination of water service for the reasons specified in
this Chapter or otherwise specified by law
SECTION 19
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas, (1986) as amended, except where the provisions of this ordinance are m
FINAL DRAFT FOR COUNCIL APPROVAL
CRP10.21.04v11 Page 19 OF 21
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed. ~`
SECTION 20.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation m this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 21.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than two thousand dollars ($2,000 00) for each offense Each day that a violation
is perrrntted to exist shall constitute a separate offense
SECTION 22.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the ordinances amended herein, which have accrued at the time of
the effective date of this ordinance and, as to such accrued violations and all pending litigation, both
civil and cnrrunal, whether pending m court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
FINAL DRAFT FOR COUNCIL APPROVAL
CRP10.21.04v11 Page 20 OF 21
SECTION 23.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and Secrion 20 of this ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort
Worth, Texas and by Section 52.013 Texas Local Government Code.
SECTION 24.
This ordinance shall be in full force and effect on November 1 2004 after its passage and
publication as required by law and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
R
ASSIST T CITY A DRNEY
DATE. _ ~-~ 'QS ~'
EFFECTIVE. j~I l~J~
FINAL DRAFT FOR CO UNCIL APPROVAL
cRPlo.2l.oav» Page 21 OF 21
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/26/2004 Ordinance No 16189
DATE Tuesday October 26 2004
LOG NAME. 52CHAPT12 5 REFERENCE NO G-14565
SUBJECT
Adoption of an Ordinance Amending Chapter 12 5 Environmental Protection and Compliance of
the City Code Due to Changes in Solid Waste Services
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 12 5 of the City
Code (1986) related to Solid Waste Services effective November 1 2004
DISCUSSION
On August 5 2004 the City Council authorized the City Manager to execute an amendment to the Solid
Waste contract with Waste Management of Texas Inc. to change the schedule for the collection and
transportation of brush and bulky waste in the City of Fort Worth In order to implement and enforce these
changes, the City's Solid Waste' Ordinance is being amended to reflect the changes to the brush and bulky
waste collection program In addition this amendment clarifies other issues identified with the
implementation of the overall program in 2003 The amendments to Chapter 12 5 of the City Code which
reflect these changes to the City's solid waste program are as follows
Section 12.5-103 `Definitions modifies the definitions of commercial piles, brush brush pile brush
waste pile commercial service provider service unit, small bundled brush and unacceptable
commercial piles
Section 12.5-801 Administration and Enforcement" is amended to authorize both Environmental
Management and Code Compliance Departments to administer implement and enforce Chapter
12.5
Section 12.5-803 `Special Waste Accepted" specifies that Special Waste shall not be placed on
the curb for collection nor accepted at any Drop-Off Station
Section 12 5-806 "Waste Container Required" clarifies that this Section also applies to persons in
control of a property who place or allow the placement of Garbage or Rubbish for collection in
violation of this Section
Section 12.5-822 "Preparation of Household Garbage and Rubbish for Collection is amended by
completely deleting the section as it dealt with the collection of garbage in plastic bags during a
limited period of time from March 31 -June 29 2003 This period was to allow for the delivery of all the
garbage carts within the City of Fort Worth This section is also amended to reflect key aspects of
the new system such as City Pay Bags and the assessment of a service charge for the collection of
excess waste
Section 12 5-823 is renamed "Preparation of Yard Trimmings and Small Bundled Brush for
T nrrnoma G7(`T-TAUT1'~ G n,~,r,~ ,~F
Collection and outlines the procedures for the collection of unlimited amounts of small bundled and
unbundled brush and Kraft bags
Section 12 5-823 5 "Preparation of Brush for Collection is revised to include the changes in setout
procedures for unbundled brush Brush piles of up to 3 cubic yards will be picked up on collection day'
Brush piles more than 3 cubic yards but up to 10 cubic yards will be picked up within 72 hours of
the collection day A service charge shall be assessed for excess Brush This section also prohibits
uncontained leaves and yard trimmings from being placed at the curb
Section 12.5-824 Recyclables for Collection specifies additional items that cannot be placed in recycle
carts and makes it a'violation of the ordinance to remove material from recycling cart that is not your
own
Section 12.5-825 renamed "Placement of Garbage Yard Trimmings, Small Bundled Brush Brush
and Recyclables for Curbside City Household Collection Service specifies residents must call
Solid Waste Customer Service to report missed pickups by 7.00 p m. the day after their collection
day•
Section 12.5-826 "Placement of Garbage and Recyclables for Carry Out Service is renumbered
and a new subsection on carry out service specifies that yard waste and yard carts must be
placed at the curb for collection with the lid securely closed in accordance with the contract. Adds
a new section that states disabled carry out customers do not have a requirement to remove
Garbage and Recycling carts from public view
Section 12.5-827 "Maintenance and Storage of Carts delineates resident's duties for maintaining
and storing city carts and authorizes the City to require the resident use a larger cart size after 3
incidences of violation of Chapter 12 5 regarding excess garbage
Section 12.5-828 renamed "Bulky Waste Collection outlines the proper placement, separation
requirements and 10 cubic yard limitation of bulky waste set out for collection and
Sections 12.5-842.2-842 4 Create an appeals and hearing process for the collection of Solid
Waste Fees.
This ordinance amendment shall take effect November 1 2004
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Libby Watson (6183)
Originating Department Head Brian Boerner (6647)
Additional Information Contact: Christa Perez (8984)
T.nanamP 5~('NAPT1 ~ 5 Parta ~ ..f ~