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HomeMy WebLinkAbout2025-08-8854ORDINANCE NO. 2025-08-8854 AN ORDINANCE AMENDING CHAPTER 94, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah is committed to maintaining a clean, safe, and visually appealing community for the benefit of its residents and visitors; WHEREAS, the proper disposal and timely removal of solid waste, including green waste, is essential to protect public health, reduce fire hazards, prevent vermin infestation, and preserve neighborhood aesthetics; WHEREAS, the City recognizes the need to update collection procedures to accommodate changes in waste management operations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH AS FOLLOWS: SECTION 1. That Chapter 94, Solid Waste, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended as follows: ARTICLE L IN GENERAL Secs. 94-1-94-30. Reserved. ARTICLE IL COLLECTION RATES AND CHARGES Sec. 94-31. Residential account billing. (a) To the extent feasible, charges for solid waste collection service rendered by the City shall be billed monthly as a separate item on the water bill sent out monthly by the City waterworks and such charges so billed shall be payable monthly at the offices of the City waterworks in the same manner and within the same penalty -free period as required for payment of charges for water service. In the event charges for solid waste collection service are not paid on or prior to the due date as specified in the bill, a late charge of five (5) percent shall be added to the charges. (b) Due to the daily cyclical billing system used by the City waterworks, charges for solid waste collection service may be billed at the beginning, during, or at the end of the monthly period in which solid waste collection service is rendered. (c) The water customer in whose name the water meter account is carried shall be held responsible for payment of the full amount of the solid waste collection service charges billed, which total amount shall be based on the number of households and/or business places served by such water meter, unless the multiple dwellings or mobile home trailer park utilizes a commercial waste container. In this case, the charges will be established according to the commercial account rates. (d) Any premises determined to be a generator of solid waste, but not having a water meter, will be billed tIffough the Gily wa�arwerks system. An aeeourA shall be estaWisht-d wifh _.eeffi in rel-ation te the solid waste rhafges when the water meter- is not ae ] shall make arrangements for payment directly with the Public Works Department of the City of Paducah. Sec. 94-32. Commercial account billing. (a) The fees authorized herein shall be collected by the City waterworks by affixing the amount of same to the monthly water bill. Said fees shall be determined by the size of the commercial waste container and the frequency of pickup. There shall be a fee or charge for any new accounts for initiation and/or reactivation of a previously closed commercial account. (b) Short-term commercial container service for construction sites and other temporary needs may be provided by the City. The City Commission may establish from time to time by municipal order charges for these construction containers to reflect the cost of container delivery and pick-up and the cost of disposing of the materials placed in the container. Sec. 94-33. Establishment of rates and charges. Services will be provided at such fees or charges as the City Commission may establish from time to time by municipal order. Sec. 94-34. Bulk item account billing. (a) There [shall] may be a special charge for the collection of bulk waste. Said fee or charge shall be such as the City Commission may establish from time to time by municipal order. (b) All bulk waste charges will be billed through the City waterworks billing system. Sec. 94-35. Discontinuance of water service for nonpayment of charges. (a) In the event the charges for solid waste collection service (residential, commercial or bulk) are not paid in full by the due date as referenced on the bill, the City waterworks shall cause a written notice to be sent to the customer which shall notify the customer that, in the event the charges are not paid in full within a period of ten (10) days after such written notice is sent, water service will be discontinued. The written notice shall also notify the customer that the customer shall have the right to dispute the accurateness of the charges for solid waste collection services at a hearing before the office manager of the City waterworks. The City waterworks may assess a penalty of ten (10) percent for each month the balance is not paid in full. (b) Should the customer desire a hearing, the customer shall request a hearing by providing written notice of the request to the office manager of the City waterworks within the aforesaid ten (10) day period. In the event a hearing is not properly requested within this period of time, the customer's right to a hearing shall be forfeited. In the event a hearing is properly requested, a hearing shall be held before the office manager within a period of three (3) days following the date the request was received by the office manager. The customer shall have the right to be represented by legal counsel at the hearing. At the hearing, the customer shall have the right to offer proof as to the issue of the accuracy of the charges reflected on the bill. At the conclusion of the hearing, the office manager shall make a determination on the issue of the accuracy of the charges and the charges to be paid by the customer. (c) In the event the customer does not properly request a hearing and continues to fail to pay the charges for the solid waste collection service following the aforesaid ten (10) day period, or in the event a hearing is conducted and the customer fails to promptly pay the amount of charges which are due as determined by the office manager of the City waterworks within three (3) days of the determination, the City waterworks shall discontinue water service to the customer. In the event of discontinuance of water service to the customer, service will only be reinstated upon tender by the customer of payment of all charges as reflected on the bills, plus penalty, and additionally, tender of any and all service charges pertaining to reconnection of the water service. (d) If it shall be made to appear that the delinquent customer has moved from the premises, the City waterworks may restore the water service to any new occupant of the same premises, if the occupant is not also similarly delinquent in the payment of a bill for solid waste service. Sec. 94-36. Special services. (a) The City may provide callback service to residential and commercial customers whose container was not in its designated pickup locations or was not accessible when the City's collection vehicle made its scheduled stop at the location. The City Commission may establish charges for callback service by municipal order. (b) Back door pickup service will be provided for disabled and non -disabled residents. The City Commission may establish charges for said service by municipal order. (c) Rollout containers [wi-11] may be provided to private parties and [for profit] special events. [There will be no ehafge to neighborhood asseeiations or ehiff ehes that provide a seven (7) day�est.] The City Commission may establish charges for said service by municipal order. Sec. 94-37. Compost. (a) The City Manager will establish policies to regulate the size and type of materials accepted for disposal at the City's compost yard. (b) The City Commission may establish charges for the disposal of green waste at the City compost yard and may establish exceptions to the charge schedule for city residents bringing materials from their homes to the compost yard. (c) The City Commission may establish from time to time by municipal order charges for the purchase of wood chips and compost from the compost yard. Secs. 94-38-94-60. Reserved. ARTICLE III. PRIVATE COLLECTORS Sec. 94-61. Permit required. No solid waste in the City shall be collected, transported or disposed of by any person on a commercial, contract or agreement basis unless and until such person has obtained a written permit to do so from the City. Sec. 94-62. Types of permits; application; fee; term; transfer. (a) Types ofpermits. Permits for collection, transportation or disposal of solid waste on a commercial, contract or agreement basis may be issued for the following businesses and persons: (1) Roll -off container service permit. Roll -off container service is defined as a service which picks up the container to be emptied at the premises of the customer, deposits an empty container and takes the container to be emptied to the landfill or transfer station. Permits for this type of service may be issued to any qualified applicant for any location within the City limits. (2) Commercial accounts. A permit for all volume services at commercial accounts (except for roll -off service as defined in subsection (a)(1) of this section) may be obtained if the Board of Commissioners determines to allow private contractors to provide commercial waste collection in whole or part. (3) Residential accounts. Residential solid waste collection service will be solely executed by the City Public Works Department, Solid Waste Division. The Board of Commissioners may determine to permit private contractors to provide residential solid waste collection in whole or in part. (b) Application. Application for a solid waste collection permit required by the City shall be presented to the City Manager or designee in writing and shall specify, among other things, from what place the applicant desires to collect solid waste. (c) Fee. No permit required by the City shall be issued until the applicant has paid a fee. Said fee or charge shall be in the amount as the City Commission may establish from time to time by municipal order. No such fee shall be refundable. (d) Term. A permit required by this section may be issued to cover periods not to exceed one (1) year. (e) Transfer. No solid waste collection permit shall be transferable. Sec. 94-63. Renewal. Renewal permits to cover periods not exceeding one (1) year may be granted to holders of permits under this article by the City Manager, but any such renewal permit may be revoked at any time by the Board of Commissioners. No such renewal permit shall be granted unless the fee prescribed has been paid. See. 94-64. Revocation. A permit issued under this article may be revoked by the City Commission. SECTION 5. Severability. The provisions of this Ordinance are hereby declared to be severable, and if any section, phrase or provision shall for any reason be declared invalid, such declaration of invalidity shall not affect the validity of the remainder of this Ordinance. SECTION 6. Repeal of Conflicting Orders and Ordinances. All prior resolutions, municipal orders or ordinances or parts of any resolution, municipal order or ordinance in conflict herewith are hereby repealed. SECTION 7. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. GEORGE AB� ATTEST: Q tCY } i A 01 say Parish, City 8lerk Introduced by the Board of Commissioners, August 12, 2025 Adopted by the Board of Commissioners, August 26, 2025 Recorded by City Clerk, August 26, 2025 Published by The Paducah Sun, August 29, 2025 Or&94 - Solid Waste 2025