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Committee considers amending Ordinance 9‑73 to allow limited accessory‑dwelling trash opt‑outs; members question 30‑day language and enforcement
Summary
Staff proposed changing Ordinance 9‑73 to allow an accessory dwelling unit used exclusively by an owner and not rented to opt out of a required second bear‑resistant container; committee members questioned how the 30‑day test would be enforced and suggested focusing the rule on use rather than duration.
Committee staff presented a draft amendment to Ordinance 9‑73 that would allow an accessory dwelling unit (ADU) used exclusively for the owner’s personal use and not rented during the calendar year to opt out of the requirement to have a second bear‑resistant garbage container. "An accessory dwelling unit used exclusively for personal use by the property owner and not used as a short or long term rental at any point during the calendar year may opt out of the required additional bear‑resistant container," staff read from the draft language.
Members raised concerns about the draft’s 30‑day language and how the city would monitor or enforce a time-based test. "If we're saying that a property owner can manage that for 4 pickups, why not 5 or 52?" one member asked, noting garbage is collected weekly. The chair suggested focusing the policy on the ADU’s use—whether it is rented or not—rather than a 30‑day threshold.
Staff said the opt‑out would require a certification filed with the city and that the city could revisit the provision if it created enforcement problems. Committee members also noted that building permits and rental registration processes could help identify ADUs and ensure appropriate billing or container requirements when an ADU becomes a rental.
No final vote on the ordinance amendment occurred; staff will distribute updated wording at the next meeting and follow up with implementation details.
