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Section 16-7-1. Title. This ordinance may be known and cited as the Northglenn Trash Ordinance.

[Source: Ord. 1151, 1996]

Section 16-7-2. Definitions.

Except as otherwise provided in this ordinance, the definitions and rules of construction contained in Sections 1-1-5 and 11-5-2 of the Municipal Code shall apply to the provisions of this article.

As used in this ordinance:

"Manager" means the City Manager of the City of Northglenn.

"City" or "municipality" and all terms descriptive thereof shall mean and refer to the City of Northglenn.

"Container" means a trash container of a type provided by ordinance or regulation.

"Director of Maintenance and Operations" means the Director of Maintenance and of the City of Northglenn.

"Eligible residence" means a single-family dwelling and includes a house or mobile home within the City, used as a dwelling, but excludes an apartment building, condominium, hotel, motel, restaurant, and any other building used primarily for commerce or industry; provided, however, that the City Manager may approve trash collection for multiple dwellings where each dwelling unit has separate trash containers and such collection would not be unusually difficult or inconvenient for the City. An eligible residence shall also include a home occupation as defined under Section 11-5-2 of the City's Zoning Ordinance.

"Apartment building" means a multiple dwelling containing five (5) or more dwelling units.

"Garbage" means, unwanted waste material, including but not limited to waste household food consisting of vegetable or fruit or the flesh of mammals, fish or fowls and oil, grease, offal, excrement and swill.

"Supervisor of Sanitation" means the Coordinator of Field Operations in the Department of Maintenance and Operations.

"Trash" means and includes any material or substance authorized by the provisions of Section 16-7-3 of this ordinance to be collected as trash by the City of Northglenn, but does not include any material or substance excluded from municipal trash collection service by the provisions of Section 16-7-5 of this ordinance or any material or substance the collection of which is regulated under the provisions of 16-7-5 of this ordinance.

"Special pickup" means and includes any collection of trash, or other material or substance for which the approval of the Director of Maintenance and Operations or his designated representative is required under the provisions of this ordinance.

"Special Service" means collection from a location other than by sidewalk as approved in writing by the Director of Maintenance and Operations.

"Municipal facility" means and includes any building, park, structure, or premises owned or operated by the City of Northglenn.

[Source: Ord. 1151, 1996]

Section 16-7-3. Trash Collection.

The Director of Maintenance and Operations shall collect as trash, when placed in containers as required by this ordinance:

Cans;

Glass (The presence of broken glass shall be clearly marked on the trash container), crockery, ceramics or pottery;

Cold ashes in double container (bag) and sealed;

Cloth;

Bedding, except bed springs and mattresses;

Bones;

Paper, paper products or cardboard;

Plastic or plastic products;

Weeds, yard clippings, grass clippings that are double bagged or contained in a single bag of at least 2 mil thickness, weighing not more than forty (40) pounds, and not placed loose in trash containers and leaves, hay or straw;

Wood shavings, or sawdust in double container (bag) and sealed; or

Any dry, non putrid material, whether combustible or noncombustible, not otherwise provided for or regulated by the provisions of this ordinance;

Waste household food not to exceed a reasonable amount;

Pet feces in double plastic bags and sealed; and

Sod or soil will be collected as trash by the City only if placed in COMMERCIALLY MANUFACTURED plastic trash bags which will not break and which does not weigh more than forty (40) pounds. No more than two bags of sod AND OR SOIL will be collected from AN ELIGIBLE residence on any one collection day.

ANY EXCESS SHALL BE SUBJECT TO THE SPECIAL SERVICE CHARGES ENUMERATED IN SECTION 16-7-19.

The Director of Maintenance and Operations shall collect as trash, the following items placed in containers as provided by this ordinance or when bundled and securely tied at both ends in packages not more than four (4) feet long by two (2) feet high by four (4) feet wide, and weighing not more than forty (40) pounds:

Wood, wood products, lumber, fiberboard, wallboard, or other wooden building materials;

Brush, shrubs or tree branches;

Plastic pipe, plastic sheets, or other plastic materials; or

Trash which is not confined within containers or bundled as defined by this article shall not be collected by the City collection crews. It shall be the property owner's responsibility to assure all trash remains in containers or secure bundles defined in this article prior to collection.

[Source: Ord. 1151, 1996]

Section 16-7-4. Materials Not Collected.

The Director of Maintenance and Operations shall not collect as trash any of the following materials:

APPLIANCES WITH SEVERED REFRIGERATION LINES OR COOLANT SYSTEMS UNLESS THE OWNER AGREES TO SIGN AN INDEMNIFICATION STATEMENT PROVIDED BY THE CITY;

Hot ashes or coals.

BIOLOGICAL/MEDICAL WASTES, DEAD ANIMALS OR ANIMAL PARTS, RADIOACTIVE MATERIALS, SMOKE DETECTORS, PCB'S (OIL TRANSFORMERS OR OIL FILLED CAPACITORS), DIOXIN, ANTIFREEZE OR MOTOR OIL OR ANTIFREEZE MIXED WITH MOTOR OIL, RADIATOR FLUSHES, CAR CLEANERS/WAXES, DEGREASERS, DEODORIZERS, DRAIN CLEANERS, EXPIRED MEDICINES, FLOOR CLEANERS/WAXES, FURNITURE POLISH, INSECTICIDES, LACQUERS, LAUNDRY PRODUCTS, MOTHBALLS, OVEN CLEANERS, PAINTS, PAINT THINNERS, PAINT REMOVERS, RODENT POISONS, RUG CLEANERS, RUST REMOVERS, SILVER CLEANERS, SPOT REMOVERS, TOILET BOWL CLEANERS, WEEDKILLERS, WINDOW CLEANERS, WOOD PRESERVATIVES, PHOTOGRAPHIC CHEMICALS, UNSTABLE CHEMICALS OR EXPLOSIVES, AND ANY OTHER MATERIALS THAT MAY, FROM TIME TO TIME, BE RESTRICTED FROM SOLID WASTE LANDFILLS BY FEDERAL AND STATE LAW.

The Director of Maintenance and Operations shall not collect as trash any material, substance or object described in Section 16-7-3 of this ordinance which is not placed in containers or bundled and tied as required by the provisions of this ordinance.

Hot ashes, coals or other hot materials shall not be placed for collection. Persons placing hot ashes, coals or other hot materials for collection shall be liable for such damages as may occur to trash collection equipment and other property and shall be liable for cleanup expenses.

[Source: Ord. 1151, 1996]

Section 16-7-5. Materials Collected As Special Pickups Including Recyclables.

The Director of Maintenance and Operations, in his discretion, may authorize a special pickup for the collection of the following materials and recyclables:

junk

metallic pipe, sheet metal or other metallic materials weighing not more than forty (40) pounds

stoves, water heaters, washing machines, laundry drying machines, dishwashers, refrigerators, freezers, air conditioners, television sets, or other majors appliances of like size and weight,

bedsprings, box springs or mattresses,

furniture

wooden and steel fence posts with concrete bases removed.

CONSTRUCTION MATERIALS OR WASTE MATERIALS ACCUMULATED IN THE COURSE OF NEW CONSTRUCTION OR REMODELING, INCLUDING CONCRETE, ASPHALT, ROCK, SAND, GRAVEL, AND BRICKS, SOD, SOIL, AND SUBJECT TO SPECIAL HANDLING CHARGES PER SECTION 16-7-19.

TIRES (SUBJECT TO FEDERAL DISPOSAL FEE CHARGED PER SECTION 16-7-19), ENGINE BLOCKS, TRANSMISSIONS, AUTOMOTIVE SHEET METAL PARTS.

ONE GALLON CONTAINERS WITH FIVE (5) GALLON LIMIT PER WEEK OF MOTOR, GEAR AND TRANSMISSION OIL, ANTIFREEZE (MIXED ANTIFREEZE AND MOTOR OIL NOT ACCEPTED), AUTOMOTIVE BATTERIES.

other materials not collectible as trash under the provisions of this ordinance. SUBJECT TO THE SPECIAL SERVICE CHARGES ENUMERATED UNDER SECTION 16-7-19. EACH ELIGIBLE RESIDENCE MAY HAVE ONE MAJOR APPLIANCE OF EACH TYPE PICKED UP ONE TIME WITHIN ANY CALENDAR YEAR AT NO CHARGE. ADDITIONAL ITEMS SHALL BE SUBJECT TO SPECIAL SERVICE CHARGES UNDER SECTION 16-7-19.

when any trash is placed for collection in violation of the provisions of Section 16-7-4 of this ordinance, the Director of Maintenance and Operations may, in his discretion, authorize such trash to be collected and a warning notice describing the violation to be issued. The warning notice shall include an explanation that trash collection will be discontinued or will not be made in the future unless the violation is corrected. The warning notice shall be serviced in one of the following ways:

By delivering the same to any persons of the age of eighteen (18) years or more, residing on the premises from which such trash is collected; or

By attaching the same to any trash container left at such premises; or

By affixing the same to the front gate of any fenced premises or to the front door of any residence on unfenced premises.

The Director of Maintenance and Operations, when any material not collectible as trash under the provisions of this ordinance is placed for collection, may in his discretion, authorize such material to be removed and disposed of, and a warning notice issued and served as provided by Section 16-7-5 (b).

The Director of Maintenance and Operations may, in his discretion direct that any trash placed for collection in violation of any of the provisions of this ordinance shall not be collected.

[Source: Ord. 1151, 1996]

Section 16-7-6. Scheduled Trash Collection.

To the extent possible, the Director of Maintenance and Operations shall collect trash from each eligible residence at least once a week, except as otherwise provided by this ordinance.

The days, dates and times of collection shall be scheduled by the Director of Maintenance and Operations, but he shall schedule no regular collection of trash on Saturdays and Sundays, and shall permit no collection to occur earlier than 7:00 a.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays.

Trash will NOT be picked up on the following legal holidays Thanksgiving, Christmas and New Years Day, BUT WILL BE PICKED UP ON THE NEXT BUSINESS DAY.

[Source: Ord. 1151, 1996]

Section 16-7-7. Eligibility for Trash Collection.

The collection of trash and other materials as provided by this ordinance shall be limited to eligible residences. Residential service to all eligible residences as provided by this ordinance shall be mandatory, except that upon written request, the Director of Maintenance and Operations may agree to suspend residential service for any billing period not less than thirty (30) nor more than ninety (90) days.

The City shall not provide trash collection and disposal service to:

Apartment buildings, condominiums;

Commercial buildings, commercial establishments, or any business enterprise;

Industrial buildings, industrial establishments or any industrial enterprise; or

Any person, firm, corporation, establishment organization or building not expressly eligible for such service by the provisions of this ordinance.

[Source: Ord. 1151, 1996]

Section 16-7-8. Limitations on Trash Collection.

Unless as otherwise provided in this ordinance, there shall be no limitation on the gross volume or gross weight of trash to be collected from an eligible residence; except that at all times other than during the annual city-wide clean-up month the City shall charge a fee as listed in Section 16-7-19 for each container, item or bundle in excess of twelve (12) collected at any one regular weekly pick-up.

Trash shall be collected by the City only on the days and at the times schedules by the Director of Maintenance and Operations, except as otherwise required or permitted by the provisions of this ordinance.

In his discretion, the Director of Maintenance and Operations may authorize the special pick-up of rubbish, debris, refuse or junk other than trash, except garbage, on a regular trash collection. Such material shall be placed in accordance with section 16-7-9(a). Loading time is limited to ten (10) minutes per residence. Loading time in excess of ten (10) minutes will be charged the fee as listed in Section 16-7-19 per ten (10) minute interval.

[Source: Ord. 1151, 1996; 1167, 1997]

Section 16-7-9. Residence Collection Requirements.

Trash shall be collected from an eligible residence only if:

Such trash is placed in the containers, or tied in the bundles as required by this article;

Such containers or bundles are placed at the inside edge of the residence's sidewalk or curbline, if there is no sidewalk, and within five (5) feet of the sidewalk or curbline and are placed in front of such eligible residence, in such a way as not to be obstructed from easy view by a trash collection vehicle driver and to be directly accessible from the street or at a place specifically designated by the Director of Maintenance and Operations for Special Service, not later than 7:00 o'clock a.m. on the day scheduled for collection;

No such container shall be placed for collection prior to 5:00 o'clock p.m. the day before collection;

Such trash is generated by a resident of the City in the normal operation of a domicile; and

Trash Containers shall be removed from the sidewalk or curbline location no later than 7:00 o'clock p.m. on the day scheduled for trash collection.

The Director of Maintenance and Operations shall consider any written request by an eligible residence to deviate from the required sidewalk or curbline placement of trash containers or bundles, pursuant to 16-7-9 (a) (2), without additional fee upon a showing of need and good cause.

[Source: Ord. 1151, 1996; 1425, 2005]

Section 16-7-10. Containers.

All trash to be collected by the City, except as otherwise provided in this section, shall be placed in one of the following authorized types of containers:

A PLASTIC OR PAPER BAG: A plastic or paper bag, commercially manufactured for trash storage, the top of which shall be securely tied or fastened to prevent spillage and which weighs, when full, not more than forty (40) pounds: or

A METAL OR PLASTIC TRASH CAN: Any metal or plastic trash can COMMERCIALLY MANUFACTURED FOR TRASH STORAGE AND WHICH IS MAINTAINED IN A SAFE CONDITION, having a capacity of not more than thirty-two (32) GALLONS AND NOT LESS THAN TWENTY (20) gallons, which weights when full not more than forty (40) pounds, or has a disposable liner which is securely fastened; which has sloping sides and which has handles suitable for lifting. Lids of trash cans shall NOT BE HINGED, NOR have ropes, chains or cables hanging from the sides or top: or

TRASH CARTS: Trash carts commercially manufactured for trash storage and collection, with hinged lids and having a capacity of not more than one hundred and ten (110) gallons and not less than thirty two (32) gallons may be permitted on routes designated by the Director of Maintenance and Operations for mechanical pickup.

TRASH CAN CARRIER OR CARTS: TRASH CAN CARRIERS OR CARTS, COMMERCIALLY MANUFACTURED FOR THE TRANSPORTATION OR HAULING OF TRASH CANS, SHALL BE PERMITTED PROVIDED THAT THE LIFTING HEIGHT NECESSARY TO REMOVE TRASH CANS FROM THE CART SHALL NOT EXCEED SIXTEEN (16") INCHES.

Any wooden or cardboard box, intended to be disposed of as trash, which does not exceed a capacity of fourteen (14) cubic feet, which weighs when full not more than forty (40) pounds, and which is securely covered, closed or tied in a manner sufficient to prevent spillage. Large boxes such as those used for packaging mattresses, major appliances and other large boxes shall not be picked up unless they are broken down and folded flat.

In addition to the restrictions noted above, the following containers are deemed improper for trash containers and trash contained therein shall not be picked up: paper shopping bags, room waste baskets, wheelbarrows, carts, burlap bags (unless to be disposed of ), pasteboard containers (unless to be disposed of ) and any other containers not COMMERCIALLY MANUFACTURED for trash collection. Unauthorized containers shall be marked and if placed at the collection point on future collection days, shall be assumed to be placed there for disposal.

It shall be unlawful for any person to place or dump residential or commercial trash, garbage, or waste material in, under, on or around any container or receptacle located on private or public property which such person does not own or have the legal right to possess, unless such person has written permission from the owner or lessor of the trash container. This section shall not apply to containers which are placed in locations open to the public for public use for the deposit of trash, garbage or waste material generated at the public facility.

[Source: Ord. 1151, 1996]

Section 16-7-11. Special Service, and Fees.

The base fee for City collection of trash from each eligible residence is listed in Section 16-7-19. The City of Northglenn shall have as security for the collection of all trash charges, rates, and penalties including other charges as specified in Section 16-7-8 and Section 16-7-11 (d) a lien upon the real property served by such trash service, which lien shall become effective immediately upon the billing of such trash services and shall not be discharged until payment is made of all such trash charges, rates and penalties as provided by Section 16-10-6(j). The fee for trash collection and disposal services shall be billed monthly to each such eligible residence together with such eligible residence utility services billing pursuant to Section 16-10-6 of the Municipal Code. The billing for such trash collection fee, and any other fees as specified by this Section, shall become delinquent two (2) days before the next month's billing of the affected customers.

In his discretion, the Director of Maintenance and Operations may authorize collection of trash placed in a location other than as required by this article. This Special Service may be billed to such owner, at a fee as listed in Section 16-7-19, in addition to together with such regular monthly fee.

In his discretion, the Director of Maintenance and Operations may authorize collection of trash from an eligible residence on days other than days scheduled for trash collection if the owner, requests such service twenty-four (24) hours in advance and pays a fee as listed in Section 16-7-19, in addition to the regular monthly fee, to the City for each such special collection. Such material shall be placed in accordance with Section 16-7-9(a). Loading time is limited to ten (10) minutes per residence.

[Source: Ord. 1151, 1996]

Section 16-7-12. Administration.

The provisions of this ordinance shall be administered and enforced by the Director of Maintenance and Operations who may delegate the duties and authority conferred on him by this ordinance to officers or employees of the City.

The Director of Maintenance and Operations may promulgate regulations to implement enforcement and administration of this ordinance.

The Director of Maintenance and Operations and any person acting at his direction shall be authorized to enter the yard of any resident whose trash is collected under the provisions of Section 16-7-11.

The Director of Maintenance and Operations shall cause all trash collected by the City to be deposited in dump sites approved by the City Council of the City of Northglenn and meeting the standards provided by the statutes, ordinances and regulations of the State of Colorado, the Tri-County Health Department, the County of Adams and City of Northglenn.

The Director of Maintenance and Operations shall cause all landfill fees, dump fees and other proper charges for disposal of City trash to be promptly paid.

[Source: Ord. 1151, 1996]

Section 16-7-13. Incineration--Misdemeanor.

No person shall willfully burn or attempt to burn in the City any garbage or any materials listed in Section 16-7-4.

[Source: Ord. 1151, 1996]

Section 16-7-14. Property Claim.

All refuse authorized by this Article 7 of Chapter 16, to be collected by the City of Northglenn shall become the property of the City of Northglenn immediately upon placement by owners, lessees, or occupants of eligible residences within the City at the location required by this Article 7 of Chapter 16.

It shall be unlawful for any person, other than the owner, lessee, occupant of an eligible residence who placed refuse for collection or an authorized agent of the City, to remove for his own use any such refuse, once placed for collection pursuant to the requirements of Article 7 of Chapter 16 of the Municipal Code of the City of Northglenn.

[Source: Ord. 1151, 1996]

Section 16-7-15. Violations--Penalty. Any violation of any of the provisions of this Article 7 of Chapter 16 of the Northglenn Municipal Code shall, upon conviction thereof, be punishable as provided in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 1151, 1996]

Section 16-7-16. Termination of Service.

The Director of Maintenance and Operations may in his discretion terminate trash collection service from any eligible residence or other place where any dog or other pet resides which bites, or attempts to bite a City employee performing his duties pursuant to this ordinance, or at which other safety hazards exist which interfere with or hinder any City employee in the course of his duties pursuant to this ordinance.

The Director of Maintenance and Operations may in his discretion terminate the trash collection and disposal service provided by this ordinance at any eligible residence or other place where any owner, tenant, occupant or other person has failed, either intentionally or unintentionally, to comply with any requirements of this ordinance or order of the Director of Maintenance and Operations made pursuant to this ordinance.

[Source: Ord. 1151, 1996]

Section 16-7-17. Hearing and Review.

On written request of any person affected by an order or decision of the Director of Maintenance and Operations, the Director of Maintenance and Operations shall hold a hearing to determine whether such order or decision should be sustained, modified or revoked. If such order or decision involves a violation of this article, the Director of Maintenance and Operations shall also determine whether or not such violation has occurred and whether trash collection and disposal service should be terminated permanently or the conditions to be imposed to reinstate collection service, if any.

Regardless of the provisions of 16-7-16(a) of this article, whenever any person whose trash collection and disposal service has been refused, interrupted or terminated under any provisions of this article shall commence full compliance with this article and the regulations and orders of the Director of Maintenance and Operations made pursuant thereto, the Director of Maintenance and Operations shall cause the trash collection and disposal service to be resumed.

A decision or determination of the Director of Maintenance and Operations under the provisions of this section may be appealed to the City Manager by filing with the City Manager a written request for reconsideration. No filing fee or other fee shall be required for such appeal. Upon the filing of the written request provided by this section, the Manager shall cause the appeal to be heard at his discretion, but no later than two weeks after receipt of the request. Any decision of the City Manager on such appeal shall be final.

[Source: Ord. 1151, 1996]

Section 16-7-18. Changes in Fees and Charges. Prior to increasing any fee or charge related to trash collection and disposal, a resolution to consider such increase(s) "Consideration Resolution" shall be introduced at a regular meeting of City Council by any member thereof. The Consideration Resolution shall be read in full except when copies are available to the Council and to those persons in attendance at the meeting, then it may be read by title only. The Consideration Resolution shall be approved or rejected by a vote of the Council. If approved for consideration, Council shall hold a Public Hearing, regarding the proposed rate increase(s). Prior to Public Hearing, details regarding the proposed rate increase(s) shall be posted in full, including the day, hour, and place at which Council shall hold the Public Hearing regarding the proposed rate increase. After Public Hearing, a Resolution regarding the rate increase(s) shall be approved or rejected by a vote of Council.

[Source: Ord. 1151, 1996]

Section 16-7-19. Billing Disputes.

CHARGES FOR SERVICES PROVIDED UNDER THIS ARTICLE SHALL BE BILLED TO EACH ACCOUNT MONTHLY.

A BILL FOR SERVICES PROVIDED UNDER THIS ARTICLE SHALL BECOME DELINQUENT TWO DAYS BEFORE THE NEXT MONTH'S BILLING FOR THE AFFECTED ACCOUNT.

INTEREST CHARGES SHALL BE APPLIED TO ALL DELINQUENT BALANCES (INCLUDING PRINCIPAL AND ACCRUED INTEREST). THE INTEREST RATE SHALL BE THAT AS ESTABLISHED PURSUANT TO SECTION 16-10-6-(D).

IF THE ACCOUNT IS DELINQUENT ON TWO (2) MONTHLY BILLS AND THE CUSTOMER HAS FAILED TO MAKE PAYMENT ARRANGEMENTS WITH THE FINANCE DIRECTOR AS PROVIDED UNDER SECTION 16-10-6-(G), TRASH COLLECTION MAY BE TERMINATED. THE CITY SHALL COMPLY WITH THE NOTIFICATION REQUIREMENTS UNDER SECTION 16-10-6-(E) (1), AND INDIVIDUALS FACING SERVICE TERMINATION MAY SEEK AN ADMINISTRATIVE HEARING BEFORE THE FINANCE DIRECTOR IN THE SAME MANNER AS PROVIDED UNDER SECTION 16-10-6-(E) (1).

[Source: Ord. 1151, 1996]

Section 16-7-20. Trash Collection Fee and Charge Rate Table.

(This table shall be revised to reflect the rates currently in place without the necessity of enacting an amending ordinance.)

[Source: Ord. 1151, 1996]

TRASH COLLECTION FEES AND CHARGES

Waiving of Fees and Charges. City Council has authorized the Director of Maintenance and Operations to periodically waive certain fees and charges for spring cleanup, special cleanup events, promotional & recycling programs.

(NOTE: These fees and charges set forth above are pursuant to Ordinance No. 1151, 1996, except as otherwise noted.)