Agenda - View Meetings (All) (5457372706)

Agenda No. 13.

CITY COUNCIL MEMORANDUM

City Council Meeting:

April 1, 2025

Department:

Planning & Community Development

Subject:

Ordinance 25-H-015: Conduct a public hearing and consider amendments to the Schertz Code of Ordinances, Chapter 34 – Health, Article III Solid Waste and Chapter 54 – Nuisances, Article V Section 54-22 Exterior property areas; nuisance upon premises
and Section 54-28 Rubbish and garbage. (S.Gonzalez/S.Haas)

BACKGROUND

City Council from time to time, on its own motion, or at the recommendation of City Staff proposes to amend, change, or modify text in any portion of the Code of Ordinances. It is generally considered good practice to periodically review and update the ordinances.

As the City is in process for adopting a new franchise contract for solid waste/recycling disposal, Staff has taken this opportunity to proactively propose amendments to the Solid Waste Ordinance in Chapter 34, Article III of the Schertz Code of Ordinances. These proposals have also created the need for amendments in the Nuisance Ordinance Chapter 54 Article V, Section 54-22 and Section 54-28.

GOAL

The main goal of these amendments is to streamline Chapter 34 - Health, Article III Solid Waste. This was done in essentially three strategies:

Revising language to convey information better and to be more consistent with other sections in the Code of Ordinances.
- Editorial updates were made to organize information more clearly and eliminate redundant language.
- The "City Manager or his/her designee" title was included to be consistent with other sections of the Code of Ordinances.
Eliminating details that are covered in the franchise agreement.
- Much of Chapter 34, Article III unnecessarily details collection and disposal of waste. These items are apt to change with each new contract the city negotiates with potential providers. This creates the opportunity for potential conflicts, and those particular details are more appropriate in the franchise agreement and are not necessarily required to be in the Code of Ordinances.
Cross-referencing items from Chapter 34, Article III - Solid Waste with the Nuisance Ordinance Chapter 54, Article V.
- Chapter 54, Article V was refined by eliminating redundant language from Section 54-28 - Rubbish and Garbage or by moving language into Chapter 54-22 Exterior property areas; nuisance upon premises.
  - One item was moved from the Nuisance Code into Solid Waste.
- Several items in the Solid Waste Ordinance have been determined by Staff to be redundant with items in the Nuisance Ordinance.

Staff is proposing to amend the following sections of Chapter 34 Article III - Solid Waste. It should be noted that the numbering of these sections will change as well. The new numerical order can be viewed in the attachments.

Schertz Code of Ordinances Chapter 34 Article III - Solid Waste

Section

Proposed Changes

Section 34-47 - Solid Waste Program Established.

Moved language referencing applicable state law from Section 34-67 to the top.
Included language referencing the city's Franchise Ordinance and where to find said ordinance.

Section 34-48 - Purpose of chapter, duties of property owners and occupants.

Changed the title to "Purpose of Article"
- This made more sense as Chapter 34 covers several topics, while Solid Waste is specifically Article III.
Editorial changes were made to split applicable regulations into subsections "(a), (b), (c), etc." to make it easier to read.
Existing language pertaining to nuisances was found to be redundant with Chapter 54-22 of the Nuisance Code.

Section 34-49 - Residential and commercial occupants must use services of franchisee.

The title of this section is misleading.
- The body of this section only pertains to "residential" services. Staff has proposed moving it to Residential Collection Regulations as it makes more editorial sense there.
Staff is proposing to remove this section entirely as it fits better in another section.

Section 34-50 - Defined Terms.

Staff reviewed this section and is proposing to delete unnecessary terms.
Staff also made edits to match definitions with the franchisee contract when applicable.

Section 34-51 - Sanitation service deposits and fees.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Sec. 34-52 - Garbage, recyclable material, rubbish, brush and refuse nuisances.

Existing language pertaining to nuisances was found to be redundant Chapter 54-22 of the Nuisance Code.
Section eliminated from the Solid Waste Article

Section 34-53 - Dumping.

Editorial changes were made to split applicable regulations into subsections "(a), (b), (c), etc." to make it easier to read.
Proposed subsection (b) was moved from the Nuisance Code Chapter 54-28 into this section.
- Nuisance code relates more to what people are doing to their own property. This particular subsection seemed more appropriate in Solid Waste as it stipulates not to use other people's dumpsters.
- Subsection (c) was moved here from Section 34-64 Prohibited acts as Staff determined it was more appropriate here.

Section 34-54 - Collection containers and receptacles for garbage, trash, brush and recyclable material.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-55 - Residential collection regulations.

This section relates to residential disposal services and, as a result, Staff is proposing to combine items from several different sections that relate to the topic of this section. Some language in this article was also eliminated as it details items that would be in the franchise contract and are not necessary here.
- Section 34-49 was moved here
- Section 34-61 subsection (a) was moved here.
- Section 34-64 subsections (c) and (g) were moved here.

Section 34-56 - Residential collection fees.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-57 - Commercial collection regulations.

Editorial changes were made to split applicable regulations into subsections "(a), (b), (c), etc." to make it easier to read.
Language was added in relation to state law and commercial operators' ability to solicit their own recycling haulers/disposal companies.
Section 34-64 subsections (c) and (g) were moved here.
- These subsections were duplicated for both "residential" and "commercial" regulations.

Section 34-58 - Commercial collection fees.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-59 - Collection and disposal of commercial garbage and recyclable material in central business district.

This section is being proposed to be removed as Schertz does not have a designated "Central Business District".

Section 34-60 - Collection contractor.

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-61 - Disposal of solid waste.

Subsections (a) and (c) were moved to other sections in this Article that Staff determined to be more appropriate.
Subsection (b) appears to be in conflict with state law and other parts of the Article and was removed.

Section 34-62 - Permit for private haulers of recyclable materials.

State law permits businesses to contact their own recycling services, if they wish. This section relates to the permitting requirements for that section.
- Much of this section is remaining, except Staff has proposed a few changes relating to processing the permits and the fee assessed.
- The changes that staff has proposed present a policy shift. The current code requires that private haulers receive a letter of certification from each business and that the city issue a permit for each business the private hauler removes recyclable materials from. The current permit amount is $2,500 per business, which must be renewed annually.
  - Staff is proposing to eliminate the letter of certification requirement. Instead, private haulers may simply list the businesses they serve as part of their permit application.
  - Also, Staff is proposing to reduce the permit fee from $2,500 per business served to a flat $25 for the year regardless of number of businesses served.
  - Staff determined that the current code presents a significant barrier for private haulers and is effectively prohibitive. The proposed changes would make it easier for private haulers to operate in Schertz.

Section 34-63 - Transport of refuse.

This section is covered in the Texas Transportation Code Section 725 and is not required to be in our Code of Ordinances.
- Staff consulted with the Schertz Police Department to confirm this.

Section 34-64 - Prohibited acts.

Staff is proposing to eliminate this section and either delete redundant language or move applicable subsections to other sections in this Article.
- Subsections (a), (b), (d), (e) are redundant with other sections of the Code of Ordinances.
- Subsection (c) and (g) have been moved to the "residential" and "commercial" regulations sections.
- Subsection (f) has been moved to "dumping".

Section 34-65 - Diversion of recyclable materials.

This section is being proposed to be removed as the franchisee contract will address this, or the language here is redundant with other sections of the Code of Ordinances.

Section 34-66 - Waste from tree trimming

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-67 - Applicability of state law

Some language was moved from this section to the beginning of the Article for better organization.
Other language is being proposed to be eliminated as it is redundant with state law or explicit language from state statutes.

Section 34-68 - Enforcement

This section was moved to the beginning into "Purpose of Article".
- As a result, it is proposed to be eliminated.

Section 34-69 - Offense

This section was reworked to mirror the "Violations" section of the Nuisance Code Chapter 54, Article I Section 54-12. This was done for consistency purposes.

Section 34-70 - Sanitation service deposits and fees

This section is being proposed to be removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-71 - Residential collection regulations

This section is actually mislabeled and pertains to residential fees. Staff is proposing to removed as the franchisee contract will address this and is not necessary in the Code of Ordinances.

Section 34-72-88 - Reserved

These reservations are proposed to be removed.

Staff is proposing to amend the following sections of the Nuisance Code Chapter 54 Article V - Property Maintenance Requirements. These amendments relate specifically to Section 54-28, in which all the subsections in Section 54-28 are being proposed to be deleted or moved. The result is that Section 54-28 will be "Reserved".

Schertz Code of Ordinances Chapter 54 Article V - Property Maintenance Requirements

Section

Proposed Changes

Section 54-22 - Exterior property areas; nuisance upon premises.

This section is proposed to only have one change.
- Incorporating subsection (b) from Section 54-28 into this section.

Section 54-28 - Rubbish and garbage.

This section is proposed to be removed as all the subsections are either deleted or moved.
- Subsection (a) has language covered in Section 54-22 and can be removed.
- Subsection (b) is proposed to be moved to Section 54-22.
- Subsection (c) is proposed to be moved to Chapter 34 Article III - Solid Waste

COMMUNITY BENEFIT

It is the City’s desire to promote health and safety conditions for all residents and establishments.

SUMMARY OF RECOMMENDED ACTION

The requirements in the municipal code are to promote the health, safety, and general welfare of the city as a whole. As part of promoting health, safety, and general welfare, Staff is taking active steps to ensure the well-being of its residents by making the city's Code of Ordinances more clear and easier to understand. This is often necessary when policy/practice changes in the city, like when a new franchise contract is being negotiated with a waste/recycling disposal company. The proposed updates to the ordinance will keep the city in line with State Law and help convey the information in the Solid Waste Article better.

Additionally, the new Schertz Strategic Plan that was adopted on September 3, 2024, has the explicit goal of creating a safe and livable city by "improving property conditions and overall appearance of the city" and "promote environmental stewardship and health". These proposed amendments help the city achieve this by improving the Solid Waste and the Nuisance Ordinances.

For these reasons, the staff is recommending approval of the proposed amendments.

RECOMMENDATION

These amendments help promote the health, safety, and general welfare of the city and align with the Goals and Objectives in the Strategic Plan.

Therefore, Staff is recommending approval of Ordinance 25-H-015.

Attachments

Ord. 25-H-015 with Exhibits

Chapter 34 Article III Solid Waste - redlines

Chapter 54 Article V - redlines

City Council Presentation Slides