Agenda Index City of Vancouver

OTHER

TO:

Standing Committee on City Services and Budgets

FROM:

General Manager of Engineering Services

SUBJECT:

Garbage Container & Garbage Education and Enforcement Programs

 

RECOMMENDATIONS

COMMENTS

POLICY

SUMMARY

To address garbage issues relating to graffitied and overflowing commercial garbage containers on City streets as well as overflowing public litter receptacles, littering, and illegal dumping, the following program changes are recommended:

1. Preparation and approval of a new standard garbage container license agreement that includes:

· Required labelling of containers with a unique identification number or code.

· A new application form that requires the container users' signature, confirming responsibility for cleanliness of the container area.

· A $20 increase in the lane permit fee to offset the increased cost of a garbage education and enforcement program as described in item 3 below. The current fee ($65 per container per year) has been static since 1992.

· A $14 increase in the lane permit fee to offset the cost of enforcement of graffiti removal from containers in lanes.

· Minor housekeeping and clarification changes.

2. Amend the anti-graffiti policy for street furniture by applying the graffiti removal policy for private property (proposed in a separate report, it requires clean-up within ten days of notice) to all commercial garbage containers, whether on City or private property.

3. Implementation of a permanent garbage education and enforcement program through the creation of one new full time staff position and elimination of a part-time position. This program would include:

· Coordination of the annual spring Keep Vancouver Spectacular (KVS) event.

· Coordination of other volunteer clean up events throughout the year under the KVS banner.

· Public education of garbage issues (residential and commercial).

· Enforcement of City bylaws relating to litter and garbage (but excludes graffiti enforcement).

Benefits of the proposed strategy are the reduction in abandoned garbage and improved appearance, safety, and cleanliness of Vancouver streets and lanes. The additional $38,000 cost of implementing the garbage education and enforcement program is offset by a recommended $20 increase in garbage container lane permit fees.

PURPOSE

This report recommends changes to the garbage container permit program to address overflowing garbage containers, the inappropriate use of public property for garbage containers, and graffiti on garbage containers. It should be noted that this report deals only with garbage containers on City streets and not those on private property. This report also recommends implementation of a garbage education and enforcement program to address illegal dumping, improper waste management, littering, and the inappropriate use of public litter receptacles.

BACKGROUND

Garbage Container Permit Program

In the garbage container permit program, companies that place commercial garbage and recycling containers on City property are charged a permit fee for using that space. The current permit fee is $65 per container per year and was set in 1992 to offset program costs. At the time, the goal was to reduce the number of containers on city property by only permitting those containers where there is no space on private property (i.e. the building footprint occupies the entire property or parking requirements preclude space for garbage containers).

The City has a license agreement in place with each collection company that has containers on City property. Each license agreement lists the location of the collection company's containers and is amended as locations are added or removed. The form of the license agreement was approved by Council in 1992. The current license agreement does not address graffiti on garbage containers.

Abandoned Garbage

The City spends approximately $350,000 per year on abandoned garbage clean up. This pays for the regular patrol and cleaning of areas where abandoned garbage is found as well responding to complaints on an on-call basis. The City does not currently have staff resources allocated to tracking, investigating and enforcing abandoned garbage issues.

Keep Vancouver Spectacular (KVS)

KVS is an annual beautification program that takes place in the spring with organized neighbourhood clean ups being performed by resident volunteers. The City's KVS coordinator works with various City departments as well as external agencies to facilitate this program.

The current KVS coordinator position is a three month contract. The cost of this position ($12,500) is funded through the solid waste utility.

DISCUSSION

Garbage Container Permit Program

The following challenges have been identified in the existing garbage container permit program:

· Container Identification

The license agreement requires the container companies to print only their company name and telephone number on each container and in many lanes it is difficult to determine who is using a certain container. For inventory purposes as well as for dealing with any problems (i.e., overflowing container), staff need to be able to determine what address a container is assigned to and which business is using the container in order to contact the container user directly.

· Responsibility for cleanliness

Under the license agreement, the collection company is responsible for keeping the container and the area around the container tidy. Since collection company employees are only present at the container location on collection days, they are not effective at ensuring that the area is kept clean at all times. Furthermore, 10 years of experience demonstrates that overflowing containers are almost always the result of actions (or inactions) by container users.

· Size of Program

Currently there are approximately 1900 garbage and recycling containers licensed to be on City property and it is expected that there are additional containers on City property that are not included in the City's inventory. There is also increasing pressure to locate containers on City property as businesses are using more recycling containers.

Because of the large number of containers on City property, and the problems associated with these containers, most of the garbage container coordinators' time is spent dealing with complaints. As a result, it is difficult for the coordinator to keep up to date with container evaluation, inventory, permitting and billing. This is making it difficult to achieve the goal of moving containers off the street and onto private property.

· Graffiti

The current license agreement does not reflect the City's anti-graffiti policy for street furniture which requires the owners of furniture or amenities (e.g. garbage containers) that are located on City property to remove graffiti within three working days from the date of notification by the City unless a weekly inspection and cleaning program, acceptable to the City, is implemented. Any offensive or racist graffiti must be removed within 24 hours of notification.

Proposed New Garbage Container License Agreement

To address the issues identified with the existing license agreement, Engineering Services proposes that a new standard garbage container license agreement be prepared. The new agreement will have the same general principles as the existing agreement with the exception of the following:

· Mandatory labelling of individual containers with a unique identification number or account code. A list of each company's accounts and containers will improve the City's ability to contact and work with the container user.

· A new application form (Appendix A) that requires the container users' signature. By signing the form, the user accepts responsibility (and costs) for the condition of the container and the area surrounding the container and acknowledges that there is a permit fee associated with using the lane. The application form will also improve the accuracy of the container inventory.

Staff feel that there may be a better long term solution for issues around container "ownership" if the lane permit is obtained by the container user, or property owner. This may allow for a similar level of responsibility as exists when a container is on private property. Staff intend to re-evaluate the option of dealing directly with property owners or container users when evaluating the effectiveness of changes implemented as a result of this report.

· A $20 increase in the lane permit fee to offset the cost of a garbage education and enforcement program (outlined later in this report). This program will reduce some of the work that is currently done by the garbage container coordinator and allow the coordinator to improve control over inventory.

· A $14 increase in the lane permit fee to offset the enforcement and education costs of an anti-graffiti program that is consistent with anti-graffiti initiatives for private property. Issues relating to graffiti on containers are described in more detail below.

· Some minor housekeeping and clarification changes.

A number of available options were considered to meet the City's anti-graffiti policy for garbage containers on city street. Three options, along with their pros and cons, are outlined in Appendix B. They include 1) inspection and enforcement, 2) industry management of a co-ordinated program, and 3) City administration of a co-ordinated program.

Staff recommend inspection and enforcement of anti-graffiti policy that is consistent for all containers on both public and private property. This approach is consistent with the recommended anti-graffiti policy for all private property.

When approving the Container Licence Program in 1988, Council decided that program fees should offset program costs and not be based on the estimated property rental rate of the land being occupied. The rental rate for a single parking stall currently ranges from $300 to $3000 per year depending on the location in the City. At this time, staff do not recommend changing current policy on program fees as rent-based permit fees could discourage some businesses from contracting any garbage service which might result in increased abandoned garbage.

Staff intend to monitor the impact of the changes to the container licence agreement and co-operation of the waste services industry and will report back if further changes are required.

Stakeholder Consultation

Consultation with the waste management companies regarding City concerns, including graffiti, began in April, 2001 in anticipation of the then upcoming anti-graffiti policy for street furniture. The Waste Management Association of British Columbia (WMABC) was initially opposed to the new anti-graffiti policy because of the high costs and operational challenges associated with keeping garbage containers in lanes free of graffiti. It was also identified that it would be simplest if the requirements for dealing with graffiti were consistent for containers on both private and public property.

Waste services industry representatives, the individual waste management companies, and BIA groups were consulted regarding the proposed changes and are generally in support of the recommendations. The waste services industry indicated support for a consistent approach to graffiti on private and public containers however, they indicated support for a City administered anti-graffiti program, funded by permit fees, as described in Appendix B, option 3, rather than an enforcement approach recommended by staff.

Garbage Education and Enforcement Pilot Program

Using the temporary KVS coordinator as the staff resource, a garbage education and enforcement pilot program was developed in the summer and implemented in the fall of 2001. In the pilot program, the following tasks were conducted:

· Investigation of reports of abandoned garbage, problem garbage containers, the inappropriate use of litter containers, and littering.

· Patrol of areas where abandoned garbage regularly occurs.

· Education of residents and businesses, including the distribution of recently developed "Partners for Clean Neighbourhoods" brochures, and coordination with community volunteers to help identify and educate problem properties. A copy of the "Partners for Clean Neighbourhoods" brochure is provided in Appendix C.

· Enforcement of City bylaws relating to garbage, issuing orders for clean-up and following up on by-law violations.

· Consultation with the Parking Enforcement Branch to develop enforcement procedure and ongoing co-operation with this branch to identify violators and issue violation notices.

The pilot method of enforcement involved contacting the persons responsible for the garbage and ordering them to clean it up. If the garbage was not removed, the City would clean up the material and send a bill to the responsible party with the intent of civil litigation if not paid. The benefits of this method are:

· Quick clean up of abandoned garbage, reducing the likelihood of attracting more garbage.

· Potential cost savings to City through reduced clean up of abandoned garbage by Citycrews.

· Education. The individuals that generated the garbage learn how to dispose of it properly and may change their habits in the future.

· Demonstrable financial damages to the City along with lower burden of proof for civil lawsuit than by-law fine; this increases the likelihood of successful prosecution.

Pilot program results:

· From September 1 through December 31, 2001, over 100 garbage incidents were investigated through the pilot program. Approximately half of the incidents related to garbage containers and the other half were abandoned garbage incidents.

· Almost all of the garbage container incidents were resolved by contacting the container service company and dealing with the business that uses the container.

· In approximately 40% of the abandoned garbage incidents, the individuals responsible for generating the garbage were identified and contacted successfully. They arranged for the clean up and proper disposal of the garbage.

· Overall success rate (cases resolved out of total incidents) was 70%

· Unresolved abandoned garbage incidents were referred to the Sanitation Department for clean up.

Based on the pilot program success rate from September through December, 2001, the estimated potential savings in yearly abandoned garbage clean up costs are approximately $20,000. Since this amount is within the annual variation of the actual amount spent on abandoned garbage clean-up a budget reduction is not included in this report. The long-term impact on average annual clean-up costs can only be determined after the program has been operating for some time.

Proposed Garbage Education and Enforcement Program

It is recommended that the work done in the garbage education and enforcement pilot program be implemented on a permanent basis by combining this work with that of the KVScoordinator and having one full time staff member responsible for both. This staff member's tasks would therefore include:

· Co-ordination of the annual KVS event in the spring.

· Co-ordination of other volunteer clean up events throughout the year under the KVS banner.

· Public education of garbage issues (residential and commercial).

· Assist garbage container co-ordinator in encouraging containers to be stored on private property.

· Enforcement of City bylaws relating to garbage (includes responding to complaints but excludes graffiti enforcement).

Having a full time employee assigned to KVS would allow for consistency from year to year rather than having new staff apply and be trained for the position each year. The focus of KVS would remain in the spring but the co-ordinator would be available to assist with other events throughout the year.

Assisting with the enforcement of garbage container regulations will ease the burden currently faced by the garbage container co-ordinator. This will allow the garbage container coordinator to improve control over inventory thus reducing any inappropriate use of public space and improving the appearance of containers and laneways.

ENVIRONMENTAL IMPLICATIONS

The recommended program changes will result in a reduction in the amount of abandoned garbage on City streets including overflowing litter containers and commercial garbage containers.

SOCIAL IMPLICATIONS

A reduction in abandoned garbage and graffiti on garbage containers will improve the appearance, safety, and cleanliness of Vancouver streets.

PERSONNEL IMPLICATIONS

One full time Street Use Inspector position would be created to replace the temporary KVS co-ordinator contract position (subject to classification review).

FINANCIAL IMPLICATIONS

Increased costs associated with the garbage education and enforcement program are offset by an increase in garbage container lane permit fees. Program costs are as follows:

Annual Cost Implications - Garbage Education & Enforcement:

1 Full Time Street Use Inspector

$50,500

Less: Existing KVS funding from Solid Waste Utility

(12,500)

Net Cost Increase

$ 38,000

Increased permit fee revenues ($20 per container per year)

38,000

Net operating budget impact

$ 0

It is anticipated that this program will reduce the cost of abandoned garbage clean-up. However, a budget reduction in abandoned garbage collection is not included as the anticipated benefit is within the annual variation of the actual amount spent.

Annual Cost Implications - Graffiti Removal:

Enforcement Cost

$25,000

Increase permit fee revenues ($14 per container per year)

($25,000)

Net operating budget impact

$0

Permit Fee

With approval of both recommendations B and D, the annual lane permit fee will increase from $65 to $99 per container per year.

CONCLUSIONS

To address garbage issues on City streets including overflowing commercial garbage containers, overflowing public litter receptacles, littering, illegal dumping, and graffiti on garbage containers, the following program changes are recommended:

1) Preparation and approval of a new standard garbage container license agreement that includes:

· Required labelling of containers with a unique identification number or code.

· A new application form that requires the container users' signature, confirming responsibility for cleanliness of the container area.

· A $20 increase in the lane permit fees to partially offset the cost of a garbage education and enforcement program. The current fees ($65 per container per year) have been static since 1992.

· A $14 increase in the lane permit fee to offset the cost of enforcement of graffiti removal from containers in lanes.

· Minor housekeeping and clarification changes.

2) For consistent treatment of all commercial garbage containers it is recommended that the graffiti removal policy for private property (requiring clean-up within ten days of notice as proposed in a separate report) be applied to all commercial garbage containers, whether on City or private property.

3) Implementation of a permanent garbage education and enforcement program. This program would include:

· Co-ordination of the annual spring Keep Vancouver Spectacular (KVS) event.

· Co-ordination of other volunteer clean up events throughout the year under the KVS banner.

· Public education of garbage issues (residential and commercial).

· Enforcement of City bylaws relating to litter and garbage.

Benefits of the proposed strategy are a reduction in abandoned garbage and improved appearance, safety, and cleanliness of Vancouver streets. Staff will report back next year if any further adjustments to the program are necessary.

Appendix A

LANE PERMIT APPLICATION
FOR COMMERCIAL GARBAGE OR RECYCLING CONTAINER

APPLICANT USER

Company name: _______________________________ ____________________________________

Civic address:_______________________________ ____________________________________

Phone number:_______________________________ ____________________________________

PROPOSED CONTAINER LOCATION
Civic address: ________________________________________________________________________

Describe location (e.g. in lane south of building, 10 feet west of east property line):

______________________________________________________________________________________

REASON FOR APPLICATION
- No space available on private property.
- Building occupies entire site.
- Other (explain): __________________________________________________________

PERMIT FEE
The annual permit fee is $99 (subject to change) plus a $_____ contractor administration fee.

CERTIFICATION
The Applicant certifies that the information in this Application is true and correct by signing this Application on the ________ of ________________, ________

________________________________ ___________________________________
Signature of Applicant Print Name

REQUIREMENTS FOR GARBAGE OR RECYCLING CONTAINERS ON CITY LANES
In consideration of the City of Vancouver ("City") permitting the Applicant Container Company to place a container in the location set out above, the User named in this Application hereby agrees with the City to:

- keep the container lid closed at all times, using a lock if necessary
- sweep the area under and around the container as necessary
- pick up and deposit in the container all loose garbage and other debris
- ensure that the container is emptied frequently enough that it does not overflow
- maintain the container location and container at all times in such condition that they arenot noxious, offensive, or hazardous to public health, and do not constitute a nuisance
- store excess garbage that will not fit in the container without causing the lid to remain open in the building on the User's Property
- not leave waste cardboard in the lane or street unless it is in a City approved recycling container

The User agrees with these requirements by signing below on the _______ of ______________, ______

________________________________ ___________________________________
Signature of User Print Name

Appendix B

Three options were considered to meet the City's anti-graffiti policy for containers on City streets.

Option 1A. Inspection and enforcement. Inspect containers and try to force garbage container companies, through the licence agreement, to remove graffiti within 3 days or develop a weekly inspection and removal program acceptable to the City Engineer.

Pros:
- The responsibility of container appearance is placed on container companies. This is similar to other owners of street furniture.
Cons:
- Significant enforcement cost, estimated at $25,000 per year. This enforcement cost would be in addition to the cost of compliance which would be passed on to users.

- Disincentive to comply. Competitive nature of existing waste management industry in Vancouver (about 11 companies) will result in companies doing the least in order to gain a cost advantage. This increases the cost of enforcement.

- Negative consequences of absolute enforcement. The only real enforcement tool, other than persuasion, is removal of the container from city property. This leaves the user without a garbage container. Some users would approach the container companies to ensure service is restored, others may simply abandon garbage on City property, increasing costs to the city.

- Disincentive to have garbage service in areas with high graffiti. The clean-up cost for each container would most likely be attributed directly to the container user. Those users with containers in graffiti prone areas wouldlikely bear the highest cost burden. This will create a significant disincentive to have garbage service which will likely result in increased abandoned garbage.

- Lack of industry support due to concerns that some users would not agree to pay for costs of graffiti removal. This could result in some users having service removed, increasing the likelihood of inappropriately disposed garbage. Industry representatives have indicated that they are not willing to sign a container licence agreement that requires them to be ultimately responsible for graffiti on their containers.

Option 1B. Inspection and Enforcement to the anti-graffiti standard applied to private property. The pros and cons of this option are the same as option 1A with the following exceptions:

- The proposed requirements for private property are more lenient, resulting in an increased likelihood of compliance as well as decreasing the incentive to have no garbage container at all.

- The increased consistency of the anti-graffiti initiatives for containers, whether on private or public property, should result in increased compliance and equity among container companies and users.

Option 2. Encourage the waste management industry to jointly implement a weekly graffiti inspection and removal program. By recovering graffiti removal costs from the container permit fee such a program could level the playing field between companies and eliminate the option for companies to do less for competitive advantage.

Pros:
- Onus of responsibility, and associated costs, remain with industry (although costs would be passed on to users).

- Low enforcement and monitoring costs for city (use existing resources).

- -Joint program of cleaning and monitoring the most cost effective, and therefore should result in lower costs passed on to users.

Cons:
- While there is general agreement that a joint program would be most cost effective, the industry cannot agree on this approach, let alone a way to manage it.

- There is limited ability to control costs passed on to users in this industry created monopoly. Graffiti charges to users could be inconspicuously inflated under the guise that the program is a "city requirement". The industrycurrently adds varying levels of "administrative fees" to the existing permit costs that are passed on to users. Existing administrative charges range up to $35 on the existing $65 permit fee.

Under option 2, costs may not be evenly distributed to all container users, although that would be the intent if permit fees are the source of funding.

Option 3. Implement a weekly graffiti inspection and removal program administered by the City, with the costs included in the permit fee.

Pros:
- Ensures that graffiti removal efforts and priorities reflect city policy and goals

- Lowest enforcement and monitoring costs for the city. Contract administration costs would be less than enforcement costs of option 1 and can be accommodated with the additional resources (Garbage Education and Enforcement Program) outlined in this report.

- A joint program of cleaning and monitoring all containers is the most cost effective, and therefore should result in lowest costs to users (similar to option 2).

- Most expeditious to implement and provides the quickest response to graffiti clean-up.

- There is no justification for the industry passing on high administrative costs. As is currently the practise, collection of the permit fees would remain with the container companies.

- Cleaning costs would be distributed evenly to all users with containers on city property, reducing the burden on those most targeted by graffiti, and increasing the likelihood that these users will continue to contract for garbage service.

- Industry is agreeable to this approach
.

Cons:
- As graffiti removal costs are incorporated into a higher permit fee, these costs may be more directly associated with the City's anti-graffiti efforts than if the City simply tried to enforce industry compliance with the City's anti-graffiti policy.

- This program would only apply to on street containers. Different levels of graffiti removal between on street and off street containers may be confusing to public and would be a confusing program to operate.

- The responsibility for graffiti on containers is removed from the users and the container companies and placed on the City.

Engineering Services recommends Option 1B above. Enforcing graffiti removal to the same tolerance as graffiti on private property.

An overall anti-graffiti strategy for Vancouver is being presented to Council in a separate report. This strategy will address garbage containers on private property (not dealt within this report) but will not directly impact the policy for garbage containers on City property.

Annual Cost Implications - Anti-Graffiti Considerations

 

Option1 A or B

Option 3

Increased Enforcement Cost

$25,000

0

Estimated Contract Cost

0

$145,000

Increased permit fee revenues

($25,000)

($145,000)

Increased permit fee

$14

$75

Net operating budget impact

$0

$0

Appendix C
(Pamphlet entitled "Partners for clean Neighbourhoods)

(LIMITED DISTRIBUTION - ON FILE IN CITY CLERK'S OFFICE)

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