Ordinance 27470006.110.001
KCH/klt
08/25/89
R:11/29/89
ORDINANCE NO.
2747
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING EDMONDS CITY CODE TO ADD NEW CHAPTER
17.90 REGARDING RECYCLING BOXES, PROVIDING FOR
APPLICABILITY OF PROVISIONS, DEFINING RECYCLING
BOX, PROVIDING FOR DESIGN REVIEW, MAINTENANCE
AND ENFORCEMENT OF THE PROVISIONS THEREOF, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 17.90 is hereby added to the
Edmonds Municipal Code to read as follows:
17.90.000 A licabilit The provisions of this
chapter shall apply only to property zoned nonresiden-
tial, excluding parks, designated or used as a public
use site, or zoned as residential when the recycling
box is proposed to be located at a church or community
facility as a permitted secondary use, upon approval of
the Architectural Design Board. The recycling boxes
may be located within said zones or uses with a staff
permit to be issued without charge by the Planning
Department.
Failure to obtain such a permit or to locate or
maintain a recycling box without a permit shall be a
misdemeanor punishable as provided in Chapter 5.50 of
the Edmonds City Code. The property owner and/or the
person responsible for maintaining the recycling box
shall obtain the permit. Additionally, a street use
permit shall be required if the recycling box is to be
located in a public right-of-way.
17.90.010 Definitions. For the purposes of this
chapter, the following words and phrases shall have the
following meanings:
A. "Recycling boxes" shall mean those receptacles used
to collect reusable items including used paper
goods, used glass items, and used aluminum items
suitable for recycling, at which no fee is
collected from the person depositing recyclables.
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Offal, unsanitary waste and hazardous waste are
specifically excluded from this definition.
B. (Reserved.)
17.90.020 Approval_. The City staff will take general
standards to the Architectural Design Board for
approval. Once the Architectural Design Board
establishes general standards, recycling boxes which
meet general standards and comply with the provisions
of this chapter may be approved by the staff without
further review. Any decision made by the staff is
appealable as provided in Chapter 20.105. Boxes which
do not meet general standards shall be reviewed
individually by the Architectural Design Board in
accordance with the provisions of Chapter 20.10 upon
payment of the fee for such review.
17.90.030 Maintenance. All deposited material shall
be contained wholly within the recycling box. No
litter or recyclable material shall be allowed to
accumulate outside the recycling box. The recycling
box shall be kept clean, free of odors, pests and/or
any public nuisance and shall be maintained to meet the
conditions of the Architectural Design Board
approval. Failure to properly maintain the recycling
box shall be a violation and may result in either the
issuance of a notice of violation from the City or
appropriate criminal sanction as provided by ECDC
17.90.070, or both.
All recycling boxes shall provide the following
identification on each box or on a marker in close
proximity to the box:
A. Name, address and telephone number of the owner(s).
B. Name, address and telephone number of the party or
parties responsible for the care and maintenance of
the box.
C. Name and address of party or parties who are
economically benefiting from the box.
D. Type of materials accepted by the box.
E. Reference to City permit number.
17.90.040 Enforcement. Whenever the City becomes
aware that the property owner and/or person responsible
for maintaining the recycling box is not complying with
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the provisions of this chapter, a notice of violation
shall be sent. The notice shall specify:
A. The location of the recycling box.
B. The specific manner in which the recycling box does
not meet the general standard or is not being
properly maintained.
C. The deficiency be corrected within 48 hours.
10
After the second notice of
month period, City
shall automatically
violation shall be
owner of the box
maintenance of th
severally liable for
violation within a
approval of the recycling
lapse and the particular box
six
box
in
removed. The property owner,
and party responsible for
e box shall be jointly and
removal of the box.
E. Criminal penalties may result from failure to
comply. If the recycling box is not upgraded to
meet the Architectural Design Board's standards
and/or the designated deficiencies corrected within
the time period established in the notice, the City
shall refer the matter to the City Attorney for
institution of appropriate legal action.
17.90.050 Appeal. Any person cited with a notice of
violation shall have ten (10) calendar days from the
date of mailing thereof to appeal from the findings of
the notice. Such appeal shall be to the City's Hearing
Examiner as a staff decision in accordance with ECDC
20.100.010(B)(4). Failure to appeal shall create a
presumption of violation in accordance with the
provisions of the notice of violation.
17.90.060 No Vested Right. The permit herein provided
for shall be revocable at the will of the City and
shall create no vested right with respect to the use of
the subject tract. The City Council may repeal this
section, revoking all permits at its option and states
its intention to do so upon creation and approval of a
City-wide recycling program.
17.90.060 Penalties. Any person failing to comply
with any of the provisions of this chapter other than
as provided in section 17.90.050 shall be guilty of a
misdemeanor and upon conviction thereof be punished as
provided for in Chapter 5.05 of the Edmonds City Code.
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Section 2. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
(5) days after this ordinance or a summary thereof consisting of
the title is published.
ATTEST/AUTHENTICATED:
CITY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF TIE CITY ATTORNEY:
BY 1))Lqun"
FILED WITH THE CITY CLERK: November 29, 1989
PASSED BY THE CITY COUNCIL: January 2, 1990
PUBLISHED: January 7, 1990
EFFECTIVE DATE: January 12, 1990
ORDINANCE NO. 2747
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Affidavit of Publication
STATE OF WASHINGTON,
ti. s3.
COUNTY OF SNOHOMISH,
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
NOTICE printed and published in the City of Everett, County of Snohomish,
n rere 1f at, of and State of Washington; that said newspaper is a newspaper of
11G1fshed arm es general circulation in said County and State; that said newspaper
N nance� bummer les
imbered due tR o ;
spu�43anumbers 21has been approved as a legal newspaper by order of the Superior
1151 ar4. hereby.
I'2743 thrOouph 2751.
;LIiuE GPARRETT Court of Snohomish County and that the notice.........
19 city. C�Kk
l6ruary 7.. 199p,-�..
....... 0ndi.naz�c.�...NQ- 2.143..-thru---2151- Renumbered
------------------� �-- .......... ---------------
Ordinance No. 2743 thru 2751
................................................ .............. ------------------ -----
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
....... Feb.rua.ry... - 1990 ......
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
Subscribed and sworn to before me this.......3.rd.............
ruary 90
�} day of_....-. .... .... 19.........
Not Public in n fo the State of Washington,
res) i at Everett, Snohomish County.
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVIISH, sa
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
SUMMARY OF ORpINAHCE ND. 2ii7
of the C. of Edmond9 Wash n ftn general circulation in said Count and State; that said newspaper
On the 7nds�Va of janunce'hlo DSt,eCity
s Council
orvlo f in e C" Of Y
EdrnpildS, pp
of AN1.pRDINAHd Ord nanc �E gF17H£of the tp e. rovide5 as WA H1: haS been approved as a legal newspaper y order o the Superior
TDN AMENDING. EDMdND5 CITY CODE TO. ADD NEW
CRAP .17.9d REGARDING RECYCLING BOO .5 PROVIp' Court of Snohomish County and that the notice ... ............................ .........
I ING PDR APPLICABILITY pP PFtOV15I S, 17EFININC2
1 RECYCLING BOX . PRbVIpING • rOR DESIGN REVIEW
MAINTENANCE AOn ENFORCEMENT OF THE pRE $HALL Summar . of Ordinance No. 2147
THEREOF, AND Fi%ING A TIME WHEN THE 54ME SHAi.L..S..............y...........,._.,..............,..................................._..........................................�....
BECOME OPECTIVC-.
The full -text ?nd dp�a�lJunuarr,will
10gamailed upon request.
DATED JACQUELINE G. PARRETT, CIN Clerk
Published: Januory 5, 1990. --- •-- ... -7
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
..J.a.nu.a.r..y.... 7..... 1.99.Q...... .........:..":: ._". .............
and that said newspaper was regularly distributed to its subscribers
during all of said period.
r r
Principal Clerk
Subscribed and sworn to before me this..... th................
daof.......... January. :f............... day of.......... ....... ........... y ............
f/ I+�otiary Pub3ic in axsd for the State of Washington,
f ✓ siding at Everett, Snohomish County.
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