Title
Consider an ordinance amending Chapter 8 of the Code of Ordinances of the City of Killeen, providing for amendments to the City’s donation container regulations.
Body
DATE: September 17, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Ordinance Amending Chapter 8, Donation Container Regulations
BACKGROUND AND FINDINGS:
In April 2021, the City Council adopted Ordinance No. 21-022 establishing regulations regarding donation containers. The intent of the proposed ordinance is to strengthen the existing donation container standards and give the City more ability to take enforcement action in order to prevent the unsightly accumulation of debris surrounding donation container boxes.
Permitted locations:
Currently, donation containers are permitted in all nonresidential zoning districts and on church or school properties. Under the proposed ordinance, donation containers would be prohibited in the “UD”, “CD”, “NBD” and “HOD” zoning districts.
Responsibility for permit:
Under the current ordinance, the operator of the donation container is responsible for obtaining a permit and ensuring that the area around the container is maintained. The majority of existing donation containers are currently unpermitted. Under the proposed ordinance, the responsibility for obtaining a permit and maintaining the donation container and the area around would shift to the property owner, instead of the donation container operator.
Permit exemption:
Under the current ordinance, a permit for a donation container does not expire. Under the proposed ordinance, a permit for a donation container would be valid for one (1) year and would need to be renewed annually.
Unpermitted donation containers:
Currently, unpermitted donation containers are considered a violation of Sec. 8-2, which is punishable by a $500/day fine and must be addressed through the municipal court. Under the proposed ordinance, the City must provide property owners thirty (30) days’ notice of the requirement to permit a donation container. If after thirty (30) days, a property owner has not obtained a permit, the City could remove the donation container and bill the property owner for the abatement.
Items placed outside donation containers:
Under the current ordinance, the City is required to give the ‘permit holder’ seventy-two (72) hours' written notice to remove items placed outside the donation container. If the debris is not cleared, the City may remove it and bill the property owner for the cost to abate the violation. However, the majority of the donation containers are unpermitted, so in most cases, there is no contact information for a permit holder on file.
For high-priority violations, or in cases where there is a significant amount of debris outside the container, the recent practice has been to address items placed outside the container as illegal dumping, which the City has paid for using illegal dumping funds. Under the proposed ordinance, placement of large, bulky items outside of the donation container is expressly prohibited.
As proposed, the property owner would be given twenty-four (24) hours’ written notice to remove items placed outside the containers. If the property owner fails to do so, the City would have the ability to remove the items and bill the property owner for the cost of the abatement.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
The proposed ordinance conforms to all applicable City policies.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
This is not applicable.
Is this a one-time or recurring revenue/expenditure?
This is not applicable.
Is this revenue/expenditure budgeted?
This is not applicable.
If not, where will the money come from?
This is not applicable.
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
This is not applicable.
RECOMMENDATION:
Staff recommends that the City Council adopt the ordinance as presented.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by Development Services and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Ordinance
Presentation