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(A) The customer shall place the containers for service at such point on the property as the Solid Waste Director or designee shall assign and designate as the most convenient and accessible for collecting and removing. Residential customers may not store their containers in the front yard where such service is provided, but may do so in the back yard or side yard area that is not also part of the front yard. At no time shall the containers be so placed that an access to a mailbox will be blocked or obstructed and all containers must be a minimum of three feet away from all objects and each other for service. Access is deemed to be obstructed whenever a container is placed within ten feet of a mailbox or within three feet of all other objects. Garbage and trash will not be collected from containers that are obstructing a mailbox. For residential pickup of garbage or trash bins, the bins shall be placed on the side of the property immediately adjacent to the street to facilitate access to such bins. No container may be placed in a street right-of-way.
(B) All bins must be placed at the location prescribed in this section not later than 7:00 a.m. on the day of scheduled collection and removed to the side yard or back yard prior to 7:00 p.m. on such day.
(C) It shall be unlawful for any customer to place any brush for collection at other than the designated places provided for in this section. It shall be unlawful:
(1) For any person to place any brush in an approved container provided for in this chapter;
(2) For any customer to place brush for collection in any street right-of-way before the Monday of the week of the published announcement of brush collections by the city; or
(3) For any person to place any brush so as to obstruct access to a mailbox, or covering water meter boxes, telephone pedestals, gas meters, cable guy wires, or any other public utility fixture.
(D) Tree limbs placed for collection shall not exceed five feet in length nor three inches in diameter, and shall be neatly stacked and placed at the location as set out in this section.
(E) Grass cuttings and leaves shall be placed in compostable (paper) bags placed at the location as set out in division (A) herein above, in a way that facilitates pickup of same.
(Ord. 2021-07-O, passed 6-15-2021)
CHARGES AND BILLING
(A) The charges fixed in this chapter for the collection, removal and disposal of brush and garbage or trash by the city or its contractor shall be levied and assessed by the city against each customer. Since the prompt and proper removal of all brush and garbage or trash is essential to the preservation of the health, safety and general welfare of the citizens and people of the city, and protection against fire hazards, it is deemed necessary that such charges be assessed, levied and collected as provided for in this chapter.
(B) Each customer shall enter into a sanitation solid waste collection agreement with the city or a city-approved agent as described in this chapter. Each unit shall be charged separately and billed to the person responsible for the sanitation billing.
(C) An exemption from payment of trash or garbage charges established by this chapter may be granted by the Solid Waste Director only to the extent that no other city collection services are provided.
(Ord. 2021-07-O, passed 6-15-2021)
(A) Single-family units.
(1) The monthly rate per bin for the collection and removal of garbage by the city or its contractor from single-family residences shall be $22.
(2) The rate established by this section shall apply to rooming houses as one unit, unless separate kitchen facilities are made available, in which case, the basic residential rate, as determined in this section shall be charged per kitchen facility.
Charges for Residential Services
| |
Number of Containers | Rate |
1 | $22 |
2 | $29.57 |
3 | $47.50 |
4 | $82 |
(3) Rates shall be prorated according to new service dates and termination of service dates falling within the normal billing cycle.
(B) Apartments, duplexes, triplexes, quads, condominiums and townhouses.
(1) Unless otherwise provided for in division (B)(3) below, the monthly rate for the collection and removal of garbage or trash from apartments, duplexes, triplexes, quads, condominiums and townhouses shall be $22 for each unit.
(2) The Solid Waste Director or designee is hereby authorized, based on field conditions, to determine whether or not a dumpster shall be required for collection of garbage or trash from the premises referred to in this section. If the Solid Waste Director deems that a dumpster should be used for any apartment, duplex, triplex, quads, condominium or townhouse, then such container shall be utilized for collection of garbage and trash and at such location, and the rate to be charged therefor shall be as set out in this chapter.
(3) The Solid Waste Director or designee shall determine the number, size and frequency of the service required for a multi-family complex. At a minimum, a multi-family complex shall be determined to require one two-cubic-yard dumpster serviced once per week per ten units or fraction thereof.
(C) Mobile home and travel trailer parks.
(1) Dumpsters are required for collection of garbage or trash from mobile home and travel trailer parks.
(2) Rates as set out in this chapter or provided by the city’s contractor shall be applicable for such service.
(D) Residences on unplatted property. The residential rate established by this chapter shall apply to the collection and removal of garbage or trash and from residences on unplatted or unsubdivided property by allowing to such residence a reasonable yard to determine the front footage width this determination to be made by the customer and the Solid Waste Director. If they cannot agree, such matter shall be determined by the City Manager after an has been made in writing.
(E) Rates for commercial and other properties not described in this chapter.
(1) For all business, commercial or other nonresidential establishments or uses, the monthly basic rate or charge for garbage or trash shall be as follows:
Charges for Nonresidential Services | |
Number of Containers | Rate |
1 | $27.23 |
2 | $41.56 |
3 | $60.56 |
(2) Dumpsters may be required for collection of garbage or trash from nonresidential establishments.
(3) The rate or charge for dumpsters. For all business, commercial or other nonresidential establishments or uses where a dumpster is used, the monthly basic rate or charge for garbage or trash removed shall be as follows:
Monthly Dumpster Collection Rate
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Frequency of collections per week
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Dumpster Size (cubic yards)
|
1 | 2 | 3 | 4 | 5 | 6 |
Monthly Dumpster Collection Rate
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Frequency of collections per week
| ||||||
Dumpster Size (cubic yards)
|
1 | 2 | 3 | 4 | 5 | 6 |
2 | $95.24 | $171.78 | $248.28 | $324.81 | $401.35 | $477.88 |
3 | $112.24 | $202.37 | $292.49 | $382.62 | $472.75 | $562.89 |
4 | $129.22 | $233.02 | $336.72 | $440.45 | $544.19 | $647.91 |
6 | $188.77 | $338.42 | $488.05 | $637.74 | $787.29 | $937.02 |
8 | $215.99 | $389.43 | $562.90 | $736.37 | $909.83 | $1,081.59 |
Extra pick up | $125.00 | |||||
(4) The rate or charge for roll-offs. On all commercial business, construction projects, and other properties where a roll-off system is required, the basic rates and fees shall be as follows:
Roll-Off Collection Rate
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Frequency of collections per week
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Roll-Off Size (cubic yards) | Haul rate | Tonnage rate | Rental rate | Overage rate |
30 | $298.94 | $43.57 | $7.25/day | $60.51/ton |
(5) Rates as set out in this chapter or provided by the city’s contractor shall be applicable for dumpster service.
(6) In properties where the use of a dumpster is required and the placement of said dumpster is not feasible, as determined by the Solid Waste Director or designee, sanitation service can be provided through the use of bins.
(F) Individual offices maintained on residential lot with no residence use. Nonresidential uses maintained on a residential lot shall be treated as commercial for the purposes of establishing and charging for sanitation services.
(G) Property with combined residential and nonresidential uses. The rate for property with combined residential and nonresidential uses shall be 1 1/2 times the basic residential unit rate established by this division for the collection and removal of garbage. The basic residential lot rate established by this division shall apply to the collection and removal of brush from such property.
(H) Rates for commercial trash, roll-off pick ups and disposal service. On all commercial business, construction projects, and other properties where a roll-off system is required, or a compactor is serviced, the basic rates and fees charged shall be as provided by the city or its contractor.
(I) Maintenance charges for depositing wet slop in city containers. Should any person cause damage to any city-owned approved container to the extent that maintenance or repair is needed, then the Solid Waste Director or designee shall compute the cost for the repair, including the charge to wash and deodorize. Where applicable, the responsible customer's bill in the next monthly billing cycle will reflect an additional charge for the services rendered under this chapter. The charge to wash and deodorize the container will be in accordance with this chapter.
(J) Rate hearings.
(1) The charges and rates for collection as provided for in this section shall be applicable only when city collection services are provided to the customer or where the minimum charge is levied where licensed commercial permittees are delivering such services to the customer, as applicable.
(2) Any customer receiving city garbage or trash collection services or who is required to pay the minimum service charge who feels that the rate classification charged to him or her is not the proper classification shall have the right to appeal the designation of such classification to the City Manager by giving written notice of such appeal to the City Manager within 30 days of the imposition of such rate for such service. The City Manager at such hearing shall give the opportunity to such appellant to present his case, and after deliberation of such case shall determine the appropriate classification for rates for the type of service to such customer as provided for in this chapter.
(K) Brush collection rate.
The monthly rate for the collection and removal of brush and bulky debris by the city from commercial, industrial, multi-family (apartments, duplexes, triplexes, quads, condominiums, townhouses), mobile homes and/or travel trailer parks shall be $2.50 per month per unit.
(L) Delinquent fee for all customers. In addition to any other charges provided for in this chapter there shall be charged to every customer an amount equal to $5 for any delinquent account. Such charge shall be reviewed by the City Council from time to time, in relationship to the cost of the city's administrative costs and the revenues derived there from.
(Ord. 2021-07-O, passed 6-15-2021; Ord. 2023-20-O, passed 12-5-2023)
(A) Billing; when due and payable; collection.
(1) In order for the city to effect the collection of charges levied and assessed under this subchapter from the persons who owe the same, such charges shall be billed each month a solid waste bill for all persons who receive service from the city or its contractor. Such charges shall be due and payable at City Hall, 400 W. Veterans Blvd., Palmview, Texas, or online as identified by the city’s website. The bills will be sent through regular United States mail channels, addressed to such person's address, and shall be due and payable by such person to the city within 15 days of the bill date.
(2) The city shall mail each customer a bill for each billing cycle assessing the applicable monthly charges, administrative fees, delinquent fees, and any other applicable fees or charges. All bills shall be due by the date indicated on the bill, allowing approximately 15 days to pay, after which time a $5 delinquent fee shall be applied. A bill is delinquent if not paid by the due date. Payments made by mail will be considered late if received after the due date. A delinquent payment notice advising customers that the bill is delinquent shall be mailed to the customer after the due date of the bill. The delinquent notice shall notify the customer that service will be discontinued if payment is not received by the city on or before the eleventh day after the date the delinquent bill was mailed. A bin collection fee of $50 shall be assessed once an order has been issued to collect the trash bin after the eleventh day following the date the customer was notified of the delinquent payment. After service has been terminated, any balance remaining shall be the responsibility of the customer. If after 30 days the account is still delinquent, a certified demand letter shall be sent to the last known address for payment within ten days. If the account is still delinquent, the city may choose to pursue issuing a citation for failing to provide garbage service to a location within the city. If the due date for a bill or delinquent notice falls on a weekend or a holiday, the due date shall fall on the next business day the city will be open.
(3) The city may back-bill a customer for up to four months for a billing error due to an unapplied or misapplied rate. Failure to pay the most recent two months billing will result in the collection of the trash bin.
(4) In the event that the rate on the customers bill was misapplied, the bill shall be adjusted to reflect the correct rate for up to four months back prior to the notification of the error.
(5) The city shall charge a fee of $6 to setup new service, a fee of $3 for any modifications to an account, or a fee of $7.50 to reinstate an old account in order to process changes to the customer’s account.
(6) In the event that a bin is not picked up due to the bin not being placed in front of the property prior to the scheduled pickup, a $25 pick up fee will be assessed if the driver has to go back to pickup the bin.
(7) The Solid Waste Department shall deposit all collections into the sanitation fund of the city.
(B) Payment of bills.
(1) All garbage or trash and brush collection bills under any schedule contained in this chapter shall be due and payable and shall become delinquent if not paid by the day on the due date of such bill. The Solid Waste Director or his or her authorized representative is hereby authorized to discontinue brush and garbage or trash for any delinquent account according to the procedure as set out in this chapter.
(2) The security deposit of $50 shall be applicable for all new residential accounts receiving brush and garbage or trash collection services from the city. Such security deposit shall be applied in accordance with the provisions relating to amounts due brush and garbage or trash service. In the event service is discontinued for nonpayment of fees, a security deposit shall be collected. Once a bin is issued to a customer, it is the responsibility of the customer, if the bin is lost or destroyed, to reimburse the City of Palmview the cost of the bin prior to the resumption of service.
(3) The security deposit of $150 shall be applicable for all new commercial accounts receiving garbage, trash, or roll-off collection services from the city. Such security deposit shall be applied in accordance with the provisions relating to amounts due for garbage or trash service. In the event servie is discontinued for nonpayment of fees, a security deposit shall be collected. Once a dumpster is issued to a customer, it is the responsibility of the customer, if lost or destroyed, to reimburse the city the cost of the bin prior to the resumption of service.
(4) The acceptable form of payment will be cash, check, money order or debit/credit card.
(5) An additional $25 processing fee shall be added to such account by the City of Palmview for any payment not honored by any bank or financial institution for any reason.
(C) Roll-off services; billing and payment of bills.
(1) The Solid Waste Department or where applicable, the third-party contractor, is hereby authorized to bill and collect all applicable roll-off collection charges for the city.
(2) When roll-off accounts become delinquent, the Solid Waste Director or designee shall discontinue roll-off service relating to such delinquent account(s) and assess a late payment fee equal to 5% of the delinquent balance of said account.
(3) Whenever a roll-off container is removed following discontinuance of service due to nonpayment, a $50 container removal fee shall be assessed in addition to any other service charges assessed under this chapter.
(4) A security deposit shall be required for all roll-off service customers in the amount of $250 for noncommercial use and $500 for commercial/contractor use. This deposit shall be required for all new accounts as provided for in this section, save and except for any existing customer who shall transfer an account from one location to another or who shall request additional account(s) to be established under such customer's name. The deposit shall be applied to any final balance due; any credit balance will be refunded to the account holder within three weeks by the Solid Waste Department.
(5) An additional $25 processing fee shall be added to such account by the City of Palmview for any payment not honored by any bank or financial institution for any reason.
(6) A container inactivity charge of $180 shall be assessed to each customer account for every 30-calendar day period during which no container activity is registered.
(Ord. 2021-07-O, passed 6-15-2021; Ord. 2023-20-O, passed 12-5-2023)
(A) Any person violating or found not complying with the provisions of this chapter shall be fined $500, and each day of violation shall constitute a separate offense.
(B) Any person who shall violate any of the provisions of this chapter or shall fail to comply with any of the requirements of this chapter shall, upon conviction thereof, be punished as prescribed in this section or for which no specific penalty is prescribed shall be subject to general penalties in § 10.99.
(C) In the event of a violation of this chapter, the city may, in addition to other remedies, institute any appropriate action or proceedings to prevent such violation, including the right to restrain, enjoin, correct or abate such violation in any court of competent jurisdiction, in accordance with the laws of the state.
(Ord. 2021-07-O, passed 6-15-2021)