HomeMy WebLinkAboutOrd 02-92 Mandatory GarbageORDINANCE 2 - 92
ORDINANCE AMENDING SOLID WASTE MANAGEMENT ORDINANCE
TO PROVIDE FOR MANDATORY GARBAGE COLLECTION AND PROVIDING
A PROCEDURE FOR COLLECTION OF DELINQUENT GARBAGE SERVICE BILLS
CHAPTER 5.32 - DUBLIN MUNICIPAL CODE
SECTION I
Chapter 5.32 of the Dublin Municipal Code shall be amended as follows:
A. The following definitions shall be added to Section 5.32.040:
"Owner" means the owner or owners of real property having fee
title to the property as identified in the most recent
equalized assessment roll of the Alameda County Assessor.
"Tenant" when used with reference to a residence, means any
person or persons other than the Owner occupying or in
possession of the residence.
B. Section 5.32.080 shall be amended to read as follows:
5.32.080 Removal of Solid Waste.
Ail solid waste created, deposited, kept, produced, or accumulated
in, on, or about any dwelling, premises, lot or parcel of land,
whether public or private, shall be delivered to the collector, or
removed by the waste generator where permitted by Sections 5.32.130
and 5.32.150, at least once each week or more often if required by
the Director unless and to the extent specifically exempted in
Section 5.32.050. (Ord. 2-86 § 2 (5-203))
If the City is advised by the Collector that service has not been
initiated as provided for herein, or the Director determines that
additional service is necessary, City shall give the Owner written
notification that such service is required. If the required
service is not initiated within fifteen (15) days from the date of
mailing of the City's notice, the City may require the Collector to
initiate and continue that solid waste service for said residential
unit.
Ce
Section 5.32.090 shall be amended to read as follows:
5.32.090 Payment of Solid Waste Charqes.
The Owner or owners shall subscribe to and pay for solid waste
collection and disposal services rendered by the Collector.
Nothing in this section is intended to prevent an arrangement, or
the continuance of an existing arrangement under which
subscription, or payments for solid waste collection service, or
both subscription and payment for such service is made by a tenant,
tenants, or any agent on behalf of the Owner. However, any such
arrangement will not affect the Owner's obligation should such
Subscription or payments not be made.
D. Section 5.32.140 shall be amended to read as follows:
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Section 5.32.140 Collection Rates - Desiqnation of Minimum Service
Maximum rates of compensation for the collection of solid waste
within the City shall be adopted by a resolution of the City
Council. The resolution shall also describe the minimum service
required for any residence pursuant to Section 5.32.091 including a
description of all serVices included in the minimum service level.
The following new sections shall be added to ChaPter 5.32 of the
Solid Waste Management Ordinance:
1. Section 5.32.061 Use of Public Solid Waste Receptacles
It shall be unlawful for any person to place or cause to be
placed in any solid waste receptacle owned or maintained by
the City of Dublin and located upon any public street or
public place, any solid waste matter originating within or
upon any private property, provided, however, that pedestrians
or other persons using said street or public place shall be
permitted to deposit in said receptacle miscellaneous small
articles of waste matter carried by them.
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Section 5.32.091 Minimum Subscription for Solid Waste
Collection Required
Effective March 1, 1992, each property in the City shall
subscribe to a minimum service level. For any residence which
is not serviced by a commercial bin, the minimum service level
shall be identified in the resolution required in Section
5.32.140. Minimum service to multi-family residences,
commercial, ~industrial, and institutional properties shall be
as approved by the Director, in the event that central bin
service is provided to multiple users on a property under
single ownership. The criteria used by~ the Director shall
assure that the level of service is adequate to protect
health, safety, and public welfare.
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Section 5.32.111 Failure to Initiate Service
By March 16, 1992, for dwelling units occupied on or before
March 1, 1992, and within fifteen (15) days of occupancy for
residences occupied thereafter, the OWner shall begin solid
waste collection service or establish that the occupant is
entitled to an exemption.
The Director shall be authorized to grant such an exemption in
accordance with administrative procedures developed for this
purpose and as approved by Resolution of the City Council. At
a minimum said procedures shall require that the Owner
demonstrate that no solid waste is produced or accumulated in,
upon, or from such Property. The Owner may be required to
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periodically update the information provided. Said exemption
shall be revoked upon a determination by the Director that the
factual basis for such exemption no longer exists.
Section 5.32.112 Complaint of Non-Payment
Upon the expiration of not less than thirty (30) days
following the time at which an account becomes delinquent as
defined in Section 5.32.110 and the Collector has rendered
service and has presented either the Owner or Tenant with a
bill for such service, and if the bill has not been paid in
full, the Collector shall send to the Customer final written
request for payment.
This final written request shall include a warning notice that
if the service charges are not paid within thirty (30) days,
additional steps may be taken to collect the amount owed. The
notice shall include information with respect to the
possibility of the City recording a lien against the property
that the service was rendered, in the event that the City is
required to pay the charges. The form and content of the
warning notice sent by the Collector shall be approved by the
Director.
In addition, the Collector shall cause said thirty (30) day
written notice to be mailed to each Owner. The Collector
shall request from the Director, information identifying the
Owner to whom such described property is assessed in the last
equalized assessment roll available. The Collector shall then
notify the Owner of the non-payment of service charges and the
possibility of the City recording a lien as provided in
Section 5.32.115. The format of said warning notice shall be
approved by the Director. The Collector shall maintain and
provide the Director with evidence of mailing said notice to
the Owner.
5. Section 5.32.113 Filinq of Written Complaint by Collector
Upon the expiration of not less than thirty (30) days
following the mailing of the final request for payment by the
Collector, and if the subject bill remains unpaid, Collector
may file with the Director a verified written complaint, which
shall contain the specific allegations, setting forth the name
or names of said Owner and/or Tenant, the address of the
residence serviced, the period of service, the amount due, the
steps taken to secure payment and such other information as
the Director may reasonably require.
6. Section 5.32.114 Continuation of Service
Pending satisfactory payment by said Owner, or Tenant, or City
pursuant to Section 5.32.115 hereunder, Collector shall
continue to provide uninterrupted minimum refuse collection
service to the residence covered by the complaint. However,
said Collector shall not be required to continue to provide
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such uninterrupted service if the City fails or is unable to
pay the service charges as provided for in the franchise
agreement.
7. Section 5.32.115 Collector Entitled to Payment
The Collector shall be entitled to payment from the Owner as
described in this Chapter. Any fees which remain unpaid may
be collected thereafter by the City as provided herein.
(a) As scheduled and deemed appropriate by City, and in no
case less than once per year, the City Council shall
consider a report of delinquent accounts. Said report
shall provide a record of all information requested in
the written complaint.
(b) City shall determine the name or names of the Owner of
the real property for which the service was provided, as
identified in the latest equalized assessment roll of the
County Assessor. The City shall identify the total
amount due including reasonable administrative charges as
established by the City. The City Council shall fix a
time, date, and place for hearing any objections or
protests thereto.
(c) The Director shall cause a notice of the hearing to be
mailed to the Owners listed on the report not less than
ten (10) days prior to the date of the hearing.
(d) At the hearing, the City Council shall hear any
objections or protests of Owners liable to be assessed
for delinquent fees and administrative charges. The City
Council may make revisions or corrections to the report
as it deems just, after which, by resolution, the report
shall be confirmed.
(e) The delinquent fees and charges set forth in the report
as confirmed shall constitute a special assessment
against the respective parcel of land and shall be a lien
on the property for the amount of such delinquent fees
and charges.
(f) A certified copy of the confirmed report shall thereafter
be filed with the appropriate County Official for the
amounts of the respective assessments against the
respective parcels of land as they appear on the current
assessment roll. The lien created attaches upon
recordation, in the office of the county Recorder of the
County of Alameda, of a certified copy of the resolution
of confirmation. The assessment may be collected at the
same time and in the same manner as ordinary County ad
valorem property taxes are collected and shall be Subject
to the same penalties and the same procedure and sale in
the case of delinquency as provided for such taxes. 'All
laws applicable to the levy, collection and enforcement
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of County ad valorem property taxes shall be applicable
to such assessment, except that if any real property to
which such lien would attach has been transferred or
conveyed to a bona fide purchaser for value, or if a lien
of a bona fide encumbrancer for value has been created
and attaches %hereon, prior to the date in which the
first installment of such taxes would become delinquent,
then the lien which would otherwise be imposed by this
section shall not attach to such real property and the
delinquent fees, as confirmed, relating to such property
shall be transferred to the unsecured roll for
collection.
(g) The Collector may charge the City, at the established
collection rates, for those Owners who are delinquent.
Said charges shall cover the period during which the
Collector provided collection and disposal services for
the delinquent Owner. The amount of such charges shall
be paid to the Collector as provided for in the Franchise
Agreement between the Collector and the City.
SECTION 2
This Ordinance shall take effect and be in force 30 days following its
adoPtion. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City
of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED, APPROVED AND ADOPTED this 27th day of January, 1992.
AYES: Councilmembers Howard, Jeffery, and Mayor Snyder
NOES: Councilmembers Burton andMof~att
ABSENT: None
ATTEST: ~TJ
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