049-17 - Ordinance - Amending POMC 6.04 Garbage and RefuseORDINANCE NO. 049-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN STATE LAW REFERENCES IN CHAPTER 6.04
("GARBAGE AND REFUSE") OF THE PORT ORCHARD MUNICIPAL
CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE
DATE.
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WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed
to that of Non-Charter Code City; andI
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WHEREAS, the reclassification of the city necessitated certain revisions to the Port
Orchard Municipal Code ("POMC"); andI
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WHEREAS, the City Council has determined that it is in the best interests of the city
to amend certain provisions of Chapter 6.04 POMC to adopt the necessary revisions to that
section of the POMC that resulted from the reclassification; now, therefore,j
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. The Port Orchard Municipal Code Section 6.04.060 ("Payment of
charges, lien for nonpayment") is hereby amended to read as follows:
6.04.060 Payment of charges, lien for nonpayment.
(1) Every property owner and every occupant of each premises to which solid
waste and/or recyclable materials collection and disposal services are rendered
shall be responsible for and shall pay, without delinquency, the charges for such
services as billed by the contract hauler.
(2) The contract hauler shall be responsible for the billing and collection of such
charges, and shall have all rights and remedies upon delinquency, including, but
not limited to, lien rights, as provided by law or this chapter.
(3) The contract hauler shall mail service billings to the person or occupant in
possession of the premises to which the services are rendered, unless special
billing instructions are received from the property owner.
(4) The property owner and/or occupant of each premises to which solid waste
and/or recyclable materials collection and disposal services are rendered shall
pay the charges therefor to the contract hauler at its office not later than 30 days
after the billing therefor is mailed, and in the event said charges are not so paid,
the charges shall be deemed delinquent. Interest shall accrue upon delinquent
charges at the rate of $0.50 or one percent per month, whichever is greater, until
paid in full.
(5) In addition to any other remedy provided by law, in the event of delinquency,
Ordinance No. 049-17
Page 2 of 2
pursuant to RCW 35A.60.010 and 35.21.130(2) the amount of any such charge or
charges shall become a lien against the property for which the solid waste and/or
recyclable materials collection and disposal services are rendered. A notice of
such lien shall specify the charges, the period covered by the charges and set forth
the legal description of the premises sought to be charged, and the notice of lien
shall be filed with the county auditor within the time required and shall be
foreclosed in the manner and within the time prescribed for liens for labor and
material.
(6) The lien for solid waste and/or recyclable materials collection and disposal
charges shall be prior to all liens and encumbrances filed subsequent to the filing
of the notice of it with the county auditor, except the lien of general taxes and
local improvement assessments whether levied prior or subsequent thereto.
(Ord. 1725 § 7, 1998).
SECTION 2. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved
summary consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 14th day of November 2017.
Robert Putaansuu, Mayor
SPONSOR:ATTEST:
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Bek Ashby, Councilmen^per
4°V-po'A'.%K
I: seal :• 1
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
A.
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Sharon Cates, City Attorney - • ;
v;-v<1ffi#"November 24, 2017
November 29, 2017
PUBLISHED:
EFFECTIVE DATE:
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 14, 2017.
ORDINANCE NO. 049-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN STATE LAW REFERENCES IN CHAPTER 6.04
(“GARBAGE AND REFUSE”) OF THE PORT ORCHARD MUNICIPAL CODE;
PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 049-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 049-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, November 24, 2017