In accordance with K.S.A. 12-3301, et seq., the Solid Waste Management Plan Update January 2001 to 2002 as prepared and published by the Environmental Health Division, Sedgwick County Department of Community Health is hereby adopted by reference in its entirety to be applicable to the city. However, and notwithstanding any other provisions herein to the contrary, in the event any provisions contained within this article are in conflict with said code, then, and in that event, this article and the provisions hereof shall control. No fewer than three (3) copies of the Solid Waste Management Plan as incorporated by reference shall be on file with the city clerk to be available for inspection by the public at all reasonable business hours. The filed copies of the code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Haysville, Kansas.” All sections or portions of the filed copies of the standard code intended to be omitted or amended by further ordinance(s) shall be clearly marked to show any such deletion or amendment.

(K.S.A. 12-3009; Ord. 351; Sec. 1; Code 2003)

Each owner of each occupied single family dwelling and each multiple family dwelling, apartment and mobile home park shall make available to the occupants and the collector, residential trash containers herein defined or as provided for in section 8-107 which shall at all times be made available for convenient, unobstructed access to both the solid waste collector and the occupant. Access shall not be considered obstructed as long as the collector is able to pick up the container, whether or not the same is located in any unlocked fence or garage.

All dogs shall be kept away from the collector. No owner or occupant shall in any manner interfere with the solid waste collector in the lawful collection of solid waste. All containers shall be of a thirty (30) or thirty-five (35) gallon; or eighty (80) to one-hundred (100) gallon, self-contained wheel container size. All solid waste shall be entirely enclosed within the container(s), and yard waste in plastic sacks where used, and the area around the containers shall be kept neat and clear and free of solid waste.

(Ord. 351-B; Ord. 351-D; Sec. 2; Code 2003; Ord. 904; Ord. 910; Code 2007)

(a)   GENERAL STORAGE. All solid waste shall be stored so that:

(1)   it does not attract birds; or rats, flies, mosquitoes or other disease vectors;

(2)   it does not provide shelter or a breeding place for disease vectors;

(3)   it does not create a health or safety hazard;

(4)   it is not unsightly; and

(5)   the production of offensive odors is minimized

(b)   RESIDENTIAL. No garbage and trash receptacles shall be stored in a front yard a distance of more than six (6) feet from the front of the house. The requirement in this subsection shall not apply on those days that refuse collection has been scheduled for that location.

(c)   COMMERCIAL. The owner or occupant of every institutional, commercial, industrial, business, apartment building with four or more residential units, or other non-residential establishment, from which solid waste collection is made under these regulations, shall place all solid waste in proper containers, including dumpsters, that have been designed and manufactured specifically for storage and collection of solid waste, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat, and sanitary condition at all times.

All solid waste containers, whether containing solid waste or not, shall be screened at all times other than when placed out for collection within the allowable collection time period, and such containers shall be located on an all-weather surface located behind the existing building line or at another location approved in writing by the enforcing officer. Screening shall be provided to reasonably hide from ground level view all trash receptacles from public view. Walls and fences may be used in combination with berms and plantings to screen commercial trash receptacles from view when such trash receptacle is visible from adjoining street rights-of-way or from adjoining properties which are zoned to be used for residential purposes. Said all weather surface and screening shall be constructed pursuant to a permit issued by the city, and shall conform to the meaning of those terms as utilized by the nuisance and zoning codes of this city. The fee for said permit is hereby waived.

An exception to this section is made for certain industrially zoned properties. Solid waste containers located in areas zoned as industrial may be stored behind structures located upon the property to screen such containers from view from the street when such industrially zoned property is abutted by other industrially zoned property on all sides except for the street frontage. This exception specifically excludes industrially zoned properties abutting residential or commercial properties.

(d)   NOTICE OF VIOLATION. Any person or entity the enforcing officer finds to be in violation of this section shall be served written notice of such violation. The city clerk, or the clerk’s designee, shall cause notice to be served by certified mail, return receipt requested, or by personal service or, by posting notice at the property and in the City’s newspaper, or in the event the owner or lessee thereof does not reside within the corporate limits of the city, by mailing such notice by certified mail, return receipt requested, to the owner’s or lessee’s last known address.

(1)   The notice shall describe in writing the conditions constituting the violation.

(2)   The notice shall also inform the person or entity receiving such notice that such person or entity shall have such time, to be specified in the notice and not to exceed ten (10) days from the date specified in the notice, to remove and abate the violation from the property or premises.

(3)   Notice of any specific violation of this section, including improper storage and improper screening of solid waste, once given, shall not be necessary again within a twelve month period. Such notice shall be deemed sufficient to inform such property owner or lessee of a violation of the requirements of sanitary and aesthetic storage of solid waste within the community.

(e)   PROSECUTION.

(1)   When the code enforcement officer determines that the property owner or lessee has failed to remove and abate the violation within the time set forth in the notice, or has allowed the violation to reoccur within twelve months of the initial notice of violation, the officer may file a complaint in the municipal court of the city against such person alleging a violation of this section.

(2)   Failure to remove and abate the violation may also result in removal and abatement of the violation by the city as provided by section 8-205.

(3)   Any person convicted of a violation of this section of this article shall be punished by a fine in accordance with the general penalty provisions set out in section 1-121 of this code. Each day that any violation of this article continues shall constitute a separate offense and be punishable hereunder as a separate violation.

(Ord. 904; Ord. 910; Code 2022)

It shall be unlawful for any person to place, leave or dump any garbage, rubbish, trash or debris on any property, improved or vacant, not his or her own and without the direct and express permission of the property owner. Any health and sanitation ordinances shall continue to apply regardless of ownership of the property.

(Ord. 455, Sec. 1)

The occupant of all nonresidential premises and the owner of all single family dwellings and apartments and mobile home parks, shall arrange, contract and pay for the collection of, and have collected solid waste at least weekly by a solid waste collector licensed by the city and a valid permit obtained from the Sedgwick County Department of Community Health, with such service being at all times in accordance with the terms of this article, the Solid Waste Code of Sedgwick County, Kansas, adopted herein and the solid waste system of Sedgwick County, Kansas. If the utility committee referred to in this article or the Sedgwick County Department of Community Health determines that, in the interest of health and safety, there shall be more frequent collections, then the occupant or owner shall, within fourteen (14) days after receipt of such determination, commence the collection as recommended. It shall be the duty of every solid waste collector to notify the city clerk in writing within five (5) days whenever any customer is dropped by the collector for nonpayment of bills.

(Ord. 351-C, Sec. 3; Code 2003)

In addition to such other rights and remedies as may be allowed either in law or in equity or under the terms hereof, in the event said occupant and/or owner shall, for any reason, fail or refuse to comply with section 8-204, then and in that event the city may, in addition to any other rights, remedies or penalties provided for herein arrange for the collection and disposal of the solid waste and the owner shall be responsible for the cost of the collection and disposal.

(Ord. 351, Sec. 4)

The city may assume the responsibility for the collection of solid waste for any nonresidential premises and shall assume the responsibilities for the collection of solid waste from any single family dwelling and multiple family dwellings and apartments and mobile home parks, only after the city has been notified and a determination made that the terms hereof have been violated. In such an event the city shall forward a seven (7) day written notice to the owner that solid waste has not been collected with the terms hereof. The owner shall have ten (10) days from the date of forwarding the notice to cause the solid waste to be collected. Notice shall be deemed properly served upon the owner if a copy thereof is served upon him or her personally, or if a copy thereof is sent by certified mail to the owner’s last known address. The owner, for all purposes herein contained, shall be considered the taxpayer listed as such, in the ad valorem tax rolls of Sedgwick County, Kansas, unless the owner presents such written evidence as the “Utility Committee” may require to show that he or she has transferred ownership.

(Ord. 351, Sec. 5)

The city shall not be responsible for any collection of bills incurred prior to the date the city authorized collection and contracts for services to be rendered. The city shall pay to the collector such reasonable rates as may be negotiated. The collector shall not be paid until such time as the city has collected for its services from the owner.

(Ord. 351, Sec. 6)

In the event the city, for any reason, collects the solid waste of any owner as herein provided, and in the event the bill for collection is not, for any reason, paid within sixty (60) days after mailing as herein provided, the cost of removal and collection of the solid waste shall be a lien against the real property of the owner. Such lien, including as a part thereof an allowance for costs, shall be assessed in the manner provided under the terms of K.S.A. 65-3410, which provides in part: “Delinquent fees shall constitute assessments against the respective parcels of land and are a lien against the property for such delinquent fees. The assessments may be collected at the same time and in the same manner as ordinary ad valorem taxes are collected.”

(Ord. 351, Sec. 7)

All solid waste, excepting only as provided in the said Solid Waste Code for Municipalities, shall be collected by a person, firm or corporation licensed by the city as well as by the Sedgwick County Department of Community Health and no contract shall be let to or agreement entered into with, or solid waste picked up by any other person, firm or corporation, unless same are so licensed.

(Ord. 351, Sec. 8; Code 2003)

All solid waste collection vehicles of each solid waste collector shall be licensed, maintained and operated in accordance with the definitions and other sections of this code. Each solid waste collector other than governmental agencies, shall for each solid waste collection vehicle operated by the collector, pay an annual license fee as approved by the board of county commissioners. The board of county commissioners may arrange for reciprocity with the city in recognizing licensing by the city. Each solid waste collection vehicle when not in use shall be maintained or parked in accordance with the zoning or other regulations applicable in the city or county, and in any event in such a manner and location so as not to create a nuisance. No solid waste collection vehicle shall be stored or parked other than for collection purposes, or maintained on a public street or residential premises. Each solid waste collection vehicle prior to licensure each year shall receive such inspection as determined by the city to determine that such vehicle is operating in accordance with state statutes relating to safety and in accordance with the county solid waste management plan. Each solid waste collection vehicle shall be maintained in a safe and operable manner without production of excessive noise, be capable of providing collection services for which it is licensed or designated, including any necessary equipment, kept in a clean condition and appropriately painted.

(a)   Each solid waste collector shall provide collection service in accordance with a schedule as agreed by such solid waste collector and his or her individual customers and/or the city. Each solid waste collector shall be responsible for replacing all solid waste dumpsters back into the screened area provided for such dumpster by the property owner/lessee. In the case of breakdowns of collection equipment the solid waste collector shall maintain standby equipment or otherwise arrange for collection service as practicably possible.

(b)   Residential solid waste collection service shall be scheduled and provided only during the hours of 6:00 a.m. and 7:00 p.m. on Monday through Saturday. Commercial solid waste collection service shall be scheduled and provided only during the hours of 3:00 a.m. and 7:00 p.m. on Monday through Saturday. These times may be adjusted by City Administration during times of emergency, or when necessitated due to conditions affecting public health, or the safety and well-being of workers or citizens.

(Ord. 351-C, Sec. 5; Code 2003; Ord. 910; Ord. 989, Code 2013; Code 2024)

Any owner, or if applicable, occupant, required by this article to arrange and pay for the collection of solid waste collection services and disposal fee, may, when the owner, or, if applicable, occupant, is not in fact producing solid waste requiring the collection and disposal of solid waste as herein required, petition the utility committee, in writing, to provide relief from such fees and/or services. The owner shall supply the committee with such information and complete such forms as they may require. The utility committee shall, after hearing such grievance make its recommendation to the governing body for final determination. If the utility committee determines that the collection of solid waste from the subject premises is not necessary or not required as frequently as provided for herein, it may recommend such partial relief as may be determined from the circumstance involved. If any aggrieved person is not satisfied with the utility committee’s recommendation then the person may, within thirty (30) days after said determination, appeal in writing to the governing body; no collection services may be ceased or limited until thirty (30) days after the governing body makes its determination as hereinabove provided.

(Ord. 351-A, Sec. 10)

In addition, the municipal court is hereby authorized, upon proper motion, empowered and directed to abate or suppress any violation of this article and for the purpose of carrying out the provisions of this section, the municipal court is hereby authorized, after giving proper notice, to give to any city law enforcement officer or health officer the right to enter into or upon any premises or establishment for the purpose of making thorough examinations and for the further purposes of causing any violations to be abated or suppressed. Any person convicted of a violation of this article shall be punished by a fine in accordance with the general penalty provisions set out in section 1-121 of this code. Each day that any violation of this article continues shall constitute a separate offense and be punishable hereunder as a separate violation.

(Ord. 351, Sec. 12; Code 1984; Code 2003)