Ordinance 88-3

Solid Waste Disposal Ordinance

SECTION I. GENERAL DEFINITIONS

For the purpose of this Ordiance [sic], the following definitions apply; words used in the present tense include the future, the singular number includes the plural, the word “shall” is mandatory and not directory, and the term “this Ordinance” shall be deemed to include all amendments hereafter made to this Ordinance.

“Administrator” means the City of Sodaville Recorder.

“Council” means the Town Council, City of Sodaville, Linn County, State of Oregon.

“Dispose or Disposal” means the accumulation, storage, collection, transportation, abandonment and deposit of solid wastes.

“Disposal Sites” means any land used for the disposal of solid wasters, including, but not limited to, dumps, landfills, sanitary landfills, incinerators and composting plants, but does not include a landfill site which is not used by the public either directly through ad disposal service and which is used by the owner or tenant thereof to dispose of sawdust, bark, soil, rock, building demolition material or nonputrescible industrial waste products results form [sic] the the process of manufacturing.

Solid Waste Disposal Site shall also mean and include a transfer station as a portable disposal site used between the public disposal point or end of a solid waste collection service route and a fixed disposal site.

“Person” means and includes individuals, corporations, associations, firms, partnerships, and joint stock companies.

“Solid Waste” means all putrescible an non-putrescible wastes, whether in solid or in liquid form, except liquid-carried industrial wastes or sewage or sewage hauled an an incidental part of a septic tank or cesspool cleaning service, but including garbage, rubbish, ashes, sewage sludge, street refuse, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded home and industrial appliance, manure, vegetable or animal solid or semi-solid wastes, dead animals, and other discarded solid materials.

“Waste” means useless, unwanted or discarded materials.

Section II. Administration

The Administrator under the supervision of the Council shall be responsible for the administration and enforcement of this Ordinance.

In order to carry out the duties imposed by this Ordinance, the Administrator shall have authority to administer oaths, certify to all official acts, subpoena and require the attendance of witnesses at public hearings before the Board; require production of relevant documents at public hearings; swear witnesses; take testimony of any person by deposition; enter or authorize personnel to enter upon the premises of any person regulated by this Ordiance [sic] at reasonable times to determine compliance with this Ordinance and the regulations promulgated by the Board pursuant thereto.

The Administrator may request the assistance of the Linn County Sheriff for the purpose of conducting preliminary investigations of any complaints filed pursuant to this Ordinance.

SECTION III. SOLID WASTE ACCUMULATION PROHIBITED

No person shall store, collect, maintain or display on private property, county property or public roadways, waste or solid waste that is offensive or hazardous to the health and safety of the public or which creates offensive odors or a condition of unsightliness. Storage, Collection, Maintenance or display of wastes or solid wastes in violation of this subsection shall be considered a public nuisance which may be abated as provided in Section IV.

SECTION IV. ABATEMENT OF NUISANCE

The Administrator may, upon the written compaint [sic] of any person make an investigation to determine whether or not the storage, collection maintenance or display of waste or solid wastes is in violation of Section III. For the purpose of such investigation, the Administrator or his duly authorized personnel may enter upon private property in a reasonable manner and at reasonable times to determine compliance.

After investigation, if the Administrator finds that a public nuisance exists, he may take such informal action as he deems necessary to obtain correction of the alleged public nuisance. If he is not able to obtain correction of the alleged public nuisance, he shall forward written notice to the Council and mail a copy to the alleged violator.

The Council may order that a notice by issued and served upon the owner, tenant, occupant or person in possession of the premises where the nuisance is alleged or claimed to exist, requiring such person to appear beforethe [sic] Council at the time and place stated in the notice or show cause why a nuisance should not be declared to be editing on the premises.

At the time and place described in said notice, the Council shall conduct a public hearing on the existence of the alleged nuisance, and if the Council finds that a nuisance exists, it shall declare the existence of a nuisance by order entered in its journal, and shall order a suit to be brought in the name of the City for its abatement.

Where a write of abatement is issued pursuant to Section IV, the City may remove from the subject premises the waste or solid waste found to the cause of such nuisance. Where such removal is performed by the City, the City shall not be liable for an trespass or conversion as to why any real or personal property and the costs may be collected from the person served in accordance with Section IV, or may be collected as a lien against such property.

The provisions of this section are in addition to and not in lieu of the penalty described in Section VII.

SECTION V. UNAUTHORIZED DUMPING PROHIBITED

It shall be unlawful to dispose of solid waste at any other place than a disposal site approved by the Council. The Council will designate in writing any places where solid wastes collected in the City shall be disposed of.

SECTION VI. PRIVATE DISPOSAL SITES PROHIBITED: Exceptions

No person shall use or permit to be used any land within the City as a public or private disposal site. Persons desiring to bury or dispose in any other manner his own solid waste on his own property may do so in accordance with rules promulgated pursuant to ORS Chapter 459 and regulations promulgated by the City pursuant to this

SECTION VII. PENALTIES

The violations of Section II to Section VII shall be punishable upon conviction by a fine of not more than $500 for each separate offense and a fine of not more than $1,000 for a continuing offense. For purpose of this Ordinance a failure to comply with an provision of this Ordinance from day to day shall be a separate offense for each such day.

SECTION VIII. SEPARABILITY CLAUSE

If any part of this Ordinance is determined to be invalid, the remainder shall be nonetheless be operative.

Passed by the Council this 26 day of April, 1988.