Chapter 15 · Utilities

Article 3. Solid Waste

Sections 15-301 to 15-310 · 10 sections

15-301 Definitions.

In addition to the words, terms and phrases elsewhere defined in this article, the following words, terms and phrases as used in this article shall have the following meanings:

(a)Contract program hauler — means any individual, firm, partnership, corporation, or company under contract with the City of Andale, Kansas to provide the weekly collection of solid waste at the public street curb of each residential dwelling unit.

(b)Contract recycling program hauler — means any individual, firm, partnership, corporation, or company under contract with the City of Andale, Kansas to provide curbside recycling.

(c)Curbside recycling — means the weekly collection, by the contract recycling program hauler, of recyclable materials, contained in bags and containers provided by the contract recycling program hauler, at the public street curb of each residential dwelling unit.

(d)Recyclable materials — means newspaper, glossy paper including magazines and catalogs, white and pastel colored office paper, metals and plastics, glass, cardboard and brown paper sacks, motor oil, automotive batteries, household batteries, and clothing.

(e)Residential dwelling unit — means a singular unit providing independent living facilities for one or more persons in a single-family, duplex, multifamily or condominium residential property, located within the corporate limits of the City of Andale, Kansas, which receives a monthly water and sewer utility bill from the City of Andale, Kansas.

(f)Solid waste — means and shall include putrescible waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and non-putrescible materials such as paper, tin cans, bottles, glass and ashes but not lawn and tree waste, appliances, furniture, electronics, construction waste, batteries, tires, motor oil or hazardous materials.

(g)Solid waste utility — means the utility created by this article to administer the curbside recycling system set forth in this article.

(Ord. 8-5; Code 2021)

15-302 Creation of solid waste utility.

The City of Andale, Kansas does hereby establish a solid waste utility, a system for the collection of solid waste and a curbside recycling system and declares its intention to be responsible for the operation and administration of said solid waste utility, a system for the collection of solid waste and a curbside recycling system.

(Ord. 8-5; Code 2021)

15-303 Findings and determinations.

It is found, determined, and declared that the elements of said system for the collection of solid waste are of benefit and are designed to provide services to all residential dwelling units within the corporate limits of the City of Andale, Kansas. It is further found, determined, and declared that the elements of said curbside recycling system which provides for the collection and recycling of recyclable materials are of benefit and are designed to provide services to all residential dwelling units within the corporate limits of the City of Andale, Kansas.

It is further found, determined, and declared that the system for the collection of solid waste should be provided by a contract program hauler pursuant to a written contract with the City of Andale, Kansas.

It is further found, determined, and declared that the collection and recycling of recyclable materials, as part of said curbside recycling system, should be provided by a contract recycling program hauler pursuant to a written contract with the City of Andale, Kansas.

(Ord. 8-5; Code 2021)

15-304 Administration.

The solid waste utility, under the direction of the governing body or its designee, shall have the power to:

(a)Administer and oversee the operation of a system for the collection of solid waste and a curbside recycling system;

(b)Negotiate consecutive contracts commencing on January 1, 2009, with a contract program hauler to undertake the weekly collection of solid waste at the public street curb of each residential dwelling unit as part of the system for the collection of solid waste established pursuant to this article;

(c)Negotiate consecutive contracts commencing on January 1, 2009, with a contract recycling program hauler to operate the curbside recycling system pursuant to this article;

(d)Administer and enforce this article and all contracts, regulations and procedures adopted relating to the operation of the system for the collection of solid waste and the curbside recycling system;

(e)Advise the city council on matters relating to the system for the collection of solid waste and the curbside recycling system;

(f)Make recommendations to the city council concerning establishing ordinances and regulations concerning the collection of solid waste, recycling and solid waste management;

(g)Collect the solid waste fees established pursuant to this article and make payments to the contract program hauler and the contract recycling program hauler pursuant to any contract entered into pursuant to this article; and

(h)Analyze the cost of services and benefits provided by the system for the collection of solid waste and the curbside recycling system and the fees and other revenues of the solid waste utility annually.

(Ord. 8-5; Code 2021)

15-305 Solid waste fee established.

Commencing on January 1, 2009, there is imposed on each and every residential dwelling unit located within the corporate limits of the City of Andale, Kansas a solid waste fee as established by a resolution of the City Council of the City of Andale, Kansas. Such solid waste fee may be amended from time to time by a resolution of the City Council of the City of Andale, Kansas.

(Ord. 8-5; Code 2021)

15-306 Solid waste fee collection.

The solid waste fee shall be billed and collected monthly with the monthly water and sewer utility bill. The solid waste fee shall be part of a consolidated statement for utility customers which shall be paid by a single payment. In the event that a partial payment is received, the payment shall be applied to the water and sewer portion of the account first and then to the solid waste fee portion of the account. Unless otherwise provided for herein, all bills for solid waste fees shall become due and payable in accordance with rules and regulations that pertain to water and sewer utility charges. Solid waste fee bills for any given property shall initially be the responsibility of the person who is paying for water and/or sewer service for the property. If no person is in possession of the property, then the solid waste fees shall be the responsibility of the property owner. The property owner is responsible for the solid waste fees not paid by the occupant.

Solid waste fees shall be subject to a penalty for late payment which is the same as that imposed for late payment of water and sewer utility charges. In addition to any other remedies or penalties provided by this or any other ordinance of the city, failure to pay such charges promptly when due shall subject such user to discontinuance of water services, and the city may enforce this provision as to any and all delinquent users in accordance with provisions for failure to pay water and sewer utility charges. Users shall be entitled to notice and shall have the right to a hearing in accordance with provisions for failure to pay water and sewer utility charges, before such users’ water service is discontinued for failure to pay solid waste fees. Solid waste fees authorized to be charged in this article when delinquent may be certified by the City Clerk of Andale, Kansas to the County Clerk of Sedgwick County to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall, thereafter, constitute a lien upon the real estate against which such charges were made, regardless of whether the solid waste fees were incurred when a property owner was in possession of the property or a non-owner was in possession of the property.

(Ord. 8-5; Code 2021)

15-307 Solid waste fees.

Fees for residential solid waste collection and recycling services within the city limits shall be set by resolution.

(Ord. 77-4; Ord. 79-10; Ord. 80-9; Ord. 83-6; Ord. 83-10; Res. 1-9; Res. 7-10; Res. 7-12; Res. 14-1; Res. 5-14; Res. 3-16; Res. 5-19; Code 2021)

15-308 Solid waste utility enterprise fund.

Solid waste fees collected by the city hall be paid into an enterprise fund which is created, to be known as the “solid waste utility fund.” Such fund shall be used for the purpose of paying the contractual debts incurred by the City of Andale, Kansas pursuant to the provisions of this article and all other operating expenses of the utility.

(Ord. 8-5; Code 2021)

15-309 Delinquent fees.

The City of Andale, Kansas, may collect delinquent solid waste collection fees set forth herein, as provided in K.S.A. 65-3410 by placement of said delinquent fees on tax records in the County Treasurer’s office. The City of Andale is also authorized to collect interest on all delinquent solid waste collection fees that are delinquent in excess of 30 days at the rate of 12% per annum, and said delinquency interest may be collected in the same manner as set forth for the collection of delinquent waste collection fees.

(K.S.A. 65-3410; Ord. 77-4; Ord. 83-2; Code 2021)

15-310 Prohibited practices.

(a)It shall be unlawful for any person to deposit solid waste in any container other than that owned or leased by them or under their control without consent of the owner and/or with the intent of avoiding payment of the refuse service charge.

(b)Violation of subsection (a) shall be punished according to the general penalty provision provided in Section 1-117 on the City Code.

(Ord. 23-1)