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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. KCH002980 -1- 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 KCH00298O -2- 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. KCH00298O -3- 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 KCH00298O -4- 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. 6-2-1 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. B-2-1