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Created: 2023-07-10 15:27:39 [EST] (Supp. No. 3, Update 1) Page 1 of 5 18.04.080 Trash and garbage collection. A. Residential. 1. Trash and garbage collection by the Ttown is mandatory for all residential areas within the boundaries of the Town of Minden. Regardless of the party to whom bills are normally sent by the Ttown, the duty to pay for trash and garbage collection service belongs to the recorded owner of the parcel of real property to which the tTown provides the trash and garbage collection service. Unless prior arrangements are made in writing and signed by both the record owner of the parcel to be served and an authorized representative of the Ttown, the Ttown will send all bills to the last known mailing address of the recorded owner shown annually on the Douglas County Assessor's rolls. 2. Containers. Only curbside carts provided to each customer by the tTown may be used by customers for town trash and garbage service. Curbside carts are available in the following sizes: 65 gallons, and 105 gallons. Curbside carts must be placed on the street in order to be collected. Only trash contained within curbside carts will be collected, except on the third week of the month, as explained in paragraph below. 3. A limit of four curbside carts may be used by a single residence, provided that all trash and garbage in those containers originates at the residence being served by the Ttown and further provided that the residence is not also serving a commercial use. 4. Trash and garbage will be collected at least one time each week. Curbside carts must be out by 6:00 am on day of pickup. 5. Reserved. 5.6. Extra residential trash will be picked up on the third pickup day of every month on the regular day of service. Extra trash must be placed in plastic bags of at least 30-gallon size and must not exceed 50 pounds or the capacity of the curbside cart, whichever is less. Extra trash must be placed in no more than five 30 gallon size bags and must be of a size that one person could manage. Branches may be placed out as extra trash and garbage if properly bundled. 67. Any discarded kitchen appliance or other item being disposed of which contains Freon or any similar gas, or larger items that cannot fit in a 30 gallon bag, will be picked up by the Ttown and disposed of only after prior arrangements are made through the tTown Ooffice. The charge for this service will be the price set forth on the Ttown's current Schedule of Rates for Trash and Garbage Collection or the actual cost to the Ttown, including the processing charge, whichever is greater. 78. a. Yard waste, including grass, leaves, weeds and small prunings, may be disposed of by taking part in the tTown's green yard waste program. This is an optional program for customers who choose to take part in the special pickup of yard waste. and is available for no extra charge. Green Yard waste is collected once a week. Brown curbside carts are provided to each resident for the sole purpose of collecting green yard waste. Owners of residential lots larger than one-half acre may request up to four brown curbside carts for the collection of green yard waste. Residents with smaller lots under one-half acre may request up to two brown curbside carts. Definition of Green Yard Waste: Lawn clippings, leaves, thatch, straw, livestock bedding, horse and cow manure, wood chips, saw dust, branches, prunings, brush, weeds, pallets, and, except as noted immediately hereafter, refuse of similar, natural composition. Materials that will not be picked up as yard waste include household trash and garbage, plastic, rocks, dirt, sod, concrete, treated wood, septic waste, bio-solids, pallets, and pet feces. Yard waste service will pause during the months of January, February, and March. The yard waste program is subject to suspension or termination based on the availability of discounted yard waste disposal. If the Town elects to charge for this service, the price will be set forth on the current Town of Minden Schedule of Rates for Trash and Garbage Collection. ---PAGE BREAK--- Created: 2023-07-10 15:27:39 [EST] (Supp. No. 3, Update 1) Page 2 of 5 b. Contamination of green yard waste is cause for discontinuance of green yard waste service. A resident who disposes of unacceptable items in the resident's green yard waste containers will receive a written warning from the town by U.S. mailnotice on their can upon the first offense. Upon the second offense, the resident will receive a written warning from the town in the U.S. Mail. Three repeated offenses occurring in one year will be grounds for termination of green yard waste service to the customer whose premises are found in noncompliance with this regulation. Violators will receive a certified letter notifying them that the thirda violation has occurred and yard waste has been terminated for their property. 89. Not more than twice once each year, conditioned upon availability, a dumpster will be provided free of charge to any residential customer for seven daysone week and emptied, five business days, not including holidays, all seven days, as necessary. After the initial seven days, the standard rate will be charged each time the dumpster is dumped. 9. Not more than twice each year, conditioned upon availability, a commercial two-yard dumpster will be provided to any residential customer for a two-week period of time. The charge for this service will be the price set forth on the current Town of Minden Schedule of Rates for Trash and Garbage Collection and is charged each time the dumpster is emptied. Customers are required to pay for a minimum of one collection up front, and may call the Town office to pay for additional collections within the two- week period. 10. The Town of Minden reserves the right to remove the dumpster if there are weather concerns or if the dumpster is being mis-used. Residents participating in any dumpster program must have an updated liability form on file with the Town, and the service account must be current and in good standing. B. Commercial. 1. Garbage collection by the Ttown is mandatory for all commercial entities with the Town of Minden except tire stores, who may haul their own used tires, and medical-care providers, who must have their medical waste picked up and disposed of in accordance with federal and state law and regulations. Regardless of whether the customer uses the trash and garbage collection service, the minimum charge set for the in the Ttown's currently applicable schedule for trash and garbage collection will be assessed according to the Ttown's currently applicable schedule for trash and garbage collection. Irrespective of the party to whom bills are normally sent by the Ttown, the duty to pay for trash and garbage collection service belongs to the record owner of the parcel of real property to which the Ttown provides the garbage collection service. Unless prior arrangements are made with the Ttown office in writing and signed by the record owner of the parcel to whom the Ttown provides the service and an authorized representative of the tTown, the Ttown will send all bills to the last known mailing address of the record owner to whose parcel service is being provided as shown annually on the Douglas County Assessor's rolls. 2. Except as provided for in this section, the Ttown will provide dumpsters for all commercial areas served. Trash and garbage collection will be scheduled by the customer with the town staff and will occur when required. The Ttown reserves the right to enter into an agreement with a third party to serve any customer, such as one with a large trash compactor, whose garbage or trash collection needs exceed the Ttown's ability to meet such a need. This will be addressed by the Town Manager and/or the Public Works Superintendent on a case by case situation. In such a case, the town reserves the right to charge the customer the actual rate charged to the town in addition to the town's reasonable overhead processing charges. 3. All new commercial customers using dumpsters must provide enclosures approved by the Ttown. Existing customers without enclosures must construct enclosures when the parcel of real property upon which their business is located is zoned differently, granted a special use permit, remodeled or added to, or sold or otherwise transferred to a new owner. ---PAGE BREAK--- Created: 2023-07-10 15:27:39 [EST] (Supp. No. 3, Update 1) Page 3 of 5 4. Commercial customers are responsible for the maintenance of dumpster enclosures. Enclosures must be kept clean and sanitary. Excessive trash and garbage must not be allowed to accumulate in the enclosure area. No medical waste or hazardous materials may be deposited in any trash or garbage receptacle or enclosure. Enclosures must not be used as storage areas or for any purpose other than containing dumpsters. All gates and latches must be maintained in safe and proper working order. When snow conditions exist, all snow must be removed from in front of and inside the enclosure by 69:00 a.m. on the day of service. When enclosures do not meet the above requirements, the dumpsters within or near them will not be dumped and the refuse in the vicinity will not be picked up by the Ttown until the problems are remedied and the customer calls the town office requesting a call back for reinspection of the premises and the Ttown's representative certifies that the customer's parcel meets the conditions for trash and garbage pickup. In such cases, a reasonable call-back fee will be charged. If any trash-collection customer of the Ttown willfully disposes of, or willfully allows others to dispose of, any medical waste or hazardous material in violation of any federal, state or local law or ordinance defining those terms, the town, after public hearing at which the customer alleged to be in violation may present evidence in its defense, may impose a daily fine or penalty against the customer, in accordance with the Ttown's current schedule of rates for trash and garbage collection, in addition to any fines or penalties imposed by other federal, state or local authority, until compliance is achieved. The Ttown also reserves the right to pursue any and all other remedies it may have at law and in equity against the customer. 5. The tTown reserves the right to charge a fee not to exceed twice the normal collection rate for dumpsters that are excessively overloaded. Dumpsters are excessively overloaded when the lid cannot come within 12 inches of closing. Trash collection will not occur if there is excess refuse in the dumpster enclosure and the containers cannot be safely accessed or moved. For the amount set forth in the town's currently applicable schedule of rates for trash and garbage collection, extra pickups will be made upon request within 24 hours of the Ttown's acknowledgment of receipt of the request or on the next business day. 6. Warning: a dumpster on wheels is a dangerous instrumentality; it may cause injury to property or persons during periods of high winds or inappropriate use. Customers should keep dumpsters securely in place within approved enclosures, behind latched gates, to avoid possible accidents and ensuing liability. 7. Two-yard dumpsters will be provided to commercial customers, including contractors, on a temporary basis. A no-activity fee will be charged for such dumpsters according to the Ttown's currently applicable schedule of rates. C. Rates. 1. The Ttown Bboard will establish collection rates for residential and commercial uses. New rates will take effect July 1 of each year after public hearings conducted in two consecutive months during regular town board meetings. Until rates are revised, the tTown's currently applicable schedule of rates for trash and garbage collection will continue to apply. Rates must be written and available for public inspection and reproduction on request. The Ttown may assess a reasonable photocopy charge for extra copies of the town's currently applicable schedule of rates for trash and garbage collection. 2. Upon at least 30 days' advance public notice, the Ttown Bboard may change the rates as required to meet the expenses and budget requirements of the trash and garbage enterprise fund. 3. All revenues must be placed in the trash and garbage enterprise fund and used solely for indirect and direct costs related to the fund. ---PAGE BREAK--- Created: 2023-07-10 15:27:39 [EST] (Supp. No. 3, Update 1) Page 4 of 5 4. Billing intervals and procedures must be established by the tTown Bboard at a regularly scheduled meeting. 5. After Ttown water service is discontinued for nonpayment of trash or water bills, it may be restored pursuant to the provision of section 18.04.120(G). D. Penalties for nonpayment of bills. 1. Any bill not paid within 30 days of presentation is delinquent. 2. A penalty of one percent per month on principal shall be imposed on delinquent bills for each 30-day period, or portion thereof, that a bill remains unpaid. 3. Any customer who has a bill or a portion of a bill that is 60 days or more delinquent shall have water service disconnected to the customer's premises, and a lien for all delinquent sums may be placed upon the parcel of real property receiving water service by recording a claim therefor in the official records of Douglas County, Nevada. The Ttown shall send a written notice of the filing of the lien claim to the record owner of the property. The record owner is the person or entity in whose name title to the real property is shown on the official records of Douglas County, Nevada. The lien may be foreclosed by filing and litigating an action against the property and its owner in small claims court or justice court for the East Fork Township in the manner provided in NRS ch. 108 for foreclosing a mechanic's lien, or, if the amount owing is within the jurisdiction of the district court, by filing and litigating such an action, in the same manner, in the Ninth Judicial District Court of the State of Nevada in and for the County of Douglas. The Ttown shall be entitled to reasonable compensation for attorney's fees and costs incurred by the Ttown in all collection and lien foreclosure actions it initiates under this chapter. 4. Payments shall be applied first to late interest charges, with the balance being applied to the principal most in arrears. 5. After water service is discontinued for non-payment, it may be restored pursuant to the provisions of section 18.04.120(G) E. Definitions. As used in this section and chapter of the Douglas County Code: 1. Medical waste has the meaning as ascribed to it in 49.C.F.R. Part 173, Appendix G "Definition of Regulated Medical Waste," as amended. 2. Hazardous material" means any substance: a. The presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or b. Which is or becomes defined as a "hazardous waste," "hazardous substance," "pollutant," or "contaminant" under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 6901 et seq.); or c. Which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of Nevada, or any political subdivision thereof; the Underground Storage Tank Act (42 U.S.C. section 6991 et seq.); the Toxic Substances Control Act and the Clean Water Act (33 U.S.C. section 301 et seq.); all applicable provisions of the Nevada Revised Statutes, or d. The presence of which on the premises causes or threatens to cause a nuisance upon the premises or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the premises; or ---PAGE BREAK--- Created: 2023-07-10 15:27:39 [EST] (Supp. No. 3, Update 1) Page 5 of 5 e. The presence of which on adjacent properties could constitute a trespass by a lessee; or f. Without limitation which contains tires, animal carcasses, gasoline, diesel fuel or other petroleum hydrocarbons other than in vehicles accessing the premises for normal business purposes; or g. Without limitation which contains bipheynols, (PSCs), asbestos or urea formaldehyde form insulation; or h. Without limitation which contains polyclorinated bipheynols (PSBs), asbestos or urea formaldehyde form insulation. F. Application for service. A signed application form is a written request for service. Filing such an application does not bind the applicant to take service for a period longer than that upon which the service charge is based; neither does it bind the town to serve except under reasonable conditions. Each applicant for service shall be required to complete an application provided by the Town prior to service.sign, on a form provided by the town, an application which shall set forth: 1. Date of application; 2. Name of applicant; 3. Location including physical address of premises to be served and whether size of parcel is less than one-half acre; 4. Initial number of curbside carts requested; 5. Date applicant will be ready for service; 6. Whether the premises have theretofore been supplied with water service by the town; 7. The number of dwelling units, if any, already being served and the number of dwelling units to be served; 8. Address to which bills are to be mailed or delivered; and 9. Whether the applicant is the owner, tenant of, or agent for the premises and, if tenant or agent, the name of the record owner of the property. G. [Recyclable material.] The Ttown Bboard may make available to the residential and commercial customers of the Ttown's garbage collection service a program for the separation at the source of recyclable material from other solid waste originating from residential and commercial premises and public buildings where trash and garbage collection services are provided for the collection of solid waste. (Ord. 1282A, 2009; Ord. 1255, 2008; Ord. 958, 2001; Ord.679, 1995; Ord. 556, 1992; Ord. 429, § 1, 1984; Ord. 368, § 1, 1981)