Spokane Municipal Code

Title 13 Public Utilities and Services

Chapter 13.02 Solid Waste

Article II. General Provisions

Section 13.02.0224 Abatement of Public Nuisance

1. Failure of an owner or occupant of any occupied premises to receive weekly solid waste collection service is declared to be a public nuisance, as a condition tending to promote the breeding of vermin and spread of disease.

2. Notwithstanding any other provision of this chapter, and in addition thereto, the maintenance of any condition upon premises creating or tending to create a risk to the public health or safety, specifically including but not limited to the accumulation of solid waste, including garbage, refuse, or any malodorous, unhealthful, flammable, or putrescent materials on premises shall constitute a public nuisance and, in the discretion of the fire inspector, building official, code enforcement official, health officer, or director shall be susceptible to abatement by the City, with or without prior notice, at the expense and liability of the premises owner and/or the person causing or maintaining the same.

3. Costs of abatement of any nuisance as above defined are declared to be part of municipal solid waste collection and disposal service which may be billed as a utility service to the premises where the condition arose or exists. This section shall not limit the City or premises owners rights to seek recovery against other responsible persons.

4. The costs of abatement by the City include, but are not limited to, personnel and equipment costs, both direct and indirect, costs incurred in documenting the violation; hauling, transportation, and disposal expenses; filing fees; and actual expenses and costs of the City in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing or mailing; and any others costs to provide collection and disposal service.

1. 1. Notice of Violation – Service Charge.

Failure to remedy a nuisance condition listed under this chapter that results in abatement by the City after a notice of violation has been provided will result in an eighty-five dollar fee to defray administration costs related to providing solid waste collection and disposal services.

1. 2. Abatement – Minimum Service Charge.

The required number of personnel for an abatement will be at the discretion of the director or code enforcement supervisor, and will be billed at a half-hour minimum for travel to the premises and abatement of the nuisance. In addition, time required to transport and dispose of abated materials will based on a half-hour minimum. Additional time will be billed at quarter hour increments.

1. 1. 1. For travel time and abatement labor charges, the service charge will be billed at a half hour minimum.

1. 1. 1. 1. Service charge for one half-hour under this section:  One hundred thirty-six dollars six cents.

1. 1. 1. 2. Service charge for each additional quarter-hour:  Sixty-eight dollars three cents.

1. 1. 1. 3. Service charge for each additional personnel will be billed:

1. 1. 1. 1. 1. sixty-one dollars nine cents per hour, or

1. 1. 1. 1. 2. thirty dollars fifty-five cents per half-hour, or

1. 1. 1. 1. 3. fifteen dollars twenty-seven cents per quarter-hour.

1. 1. 2. For transporting solid waste to the proper disposal facility; the service charge will be billed at a half-hour minimum.

1. 1. 1. 1. Service charge for one-half hour under this section:  Sixty-two dollars ninety-five cents.

1. 1. 1. 2. Service charge for each additional quarter-hour:  Thirty-one dollars forty-seven cents.

1. 1. 3. In addition to the labor and equipment charges, there is added to this section a charge for waste disposal:  Waste disposal rates pursuant to SMC 13.02.0528(C).

Date Passed: Monday, March 15, 2010

Effective Date: Wednesday, April 21, 2010

ORD C34576 Section 1