NUMB:
970956
VERS:
SUBSTITUTE 4
REF:
970390
XXBY:
ALD. D'AMATO
TITL:
A substitute ordinance relating to charging a fee for city collection of solid waste for non-condominium multiunit dwellings, effective January 1, 1998.
SECS:
79-2-0 rp
79-2-1 rn
79-2-1 cr
79-2-2 rn
79-2-3 rn
79-2-4 rn
79-2-5 rn
79-2-6 rn
79-2-7 rn
79-2-8 rn
79-2-9 rn
79-2-10 rn
79-6-1 am
79-6-7 am
79-6-8 cr
ANLS:
- Analysis -
This ordinance establishes a fee for the collection of solid waste from multiunit dwellings of 5 or more units, effective January 1, 1998. Solid waste collection for condominiums is not effected by this ordinance. The collection fee for solid waste is fixed at 2/3 of the cost of collection services, excluding costs relating to capital equipment depreciation.
BODY:
Whereas, The City of Milwaukee provides solid waste collection to apartments with 5 or more units free of charge and typically does not provide solid waste collection services to other commercial properties; and
Whereas, The City of Milwaukee has held public hearings and taken testimony regarding collection of solid waste from apartment buildings with 5 or more units; and
Whereas, The City of Milwaukee does not provide recycling collection services to apartments with 5 or more units based on the State of Wisconsin's designation of apartments with 5 or more units as commercial properties for recycling grant purposes; and
Whereas, Apartment buildings with 5 or more units typically require a different type of waste container and collection service than properties with 4 or fewer units; and
Whereas, The City of Milwaukee is one of only 2 municipalities in Milwaukee County that provides such service to apartments free of charge; and
Whereas, Apartment garbage collection to such buildings costs the City over $1.4 million annually, not including capital expenses; and
Whereas, It is fiscally prudent and appropriate for the City to charge a fee to partially recover the cost of solid waste collection for apartments with 5 or more units; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 79-2-0 of the code is repealed.
Part 2. Section 79-2-1 to 10 of the code is renumbered 79-2-2 to 11.
Part 3. Section 79-2-1 of the code is created to read:
79-2. Collection Regulations.
1. GENERAL REGULATIONS; MULTIUNIT DWELLINGS.
a. Mixed solid waste of domestic origin, unless contents are specifically excluded, shall be collected by the department, provided such waste is properly handled, contained, stored and located in conformance with and the rules of the commissioner.
b. Effective January 1, 1998 the department shall charge a fee to the owners of multiunit dwellings with 5 or more units, except condominiums, to recover 2/3 of the costs of collection services.
b-1. The fee charged under this paragraph shall include indirect costs, but shall exclude costs relating to capital equipment depreciation.
b-2. Effective for calendar year 1999, the amount of the fee charged under this paragraph shall be determined on or before January 31 of each year by the commissioner of public works, subject to the approval of the common council.
b-3. The commissioner of public works shall annually on or before September 28, submit a report to the common council relating to the number of multiunit dwellings with 5 or more units serviced, fees collected versus not-collected and net cost recovery rate.
c. Owners of multiunit dwellings with 5 or more units who choose not to have city removal of solid waste shall be required to provide for removal of solid waste on a weekly basis.
Part 4. Section 79-6-1 of the code is amended to read:
79-6. Collection Charges.
1. DOMESTIC WASTE shall be collected without charge unless otherwise [[excluded]] >>provided<< in this section.
Part 5. Section 79-6-7 of the code is amended to read:
7. SPECIAL COLLECTION SERVICE. Any person desiring the removal of waste not collected in the course of regular service >>, except waste specified in sub. 8,<< may apply to the department for special service and arrange for removal at the applicant's expense. The department may estimate removal and disposal cost and upon such determination the applicant shall deposit the estimated cost with the department. The department may remove or cause removal of the waste and charge the cost against such deposit. The department may provide assistance to law enforcement agencies at their request and without charge, for special collection services, including the use of vehicles and equipment.
Part 6. Section 79-6-8 of the code is created to read:
8. DOMESTIC WASTE; MULTIUNIT DWELLINGS. Domestic waste from multiunit dwellings with 5 or more units may be collected by the department at a charge established by the commissioner, pursuant to s. 79-2-1-b. The department shall bill apartment owners in advance of any waste being collected. Waste may be collected only after an invoice for the service has been paid to the department.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________
Office of the City Attorney
Date: ____________________
ZDPT:
Public Works - Sanitation
DFTR:
LRB97530.7
BJZ:lap
11/4/97