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HomeMy WebLinkAboutReso 015-92 GarbageExemptRESOLUTION NO. 15 - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING ADMINISTRATIVE PROCEDURES FOR EXEMPTIONS REQUESTED PURSUANT TO SECTION 5.32.111 MUNICIPAL CODE (EXEMPTION FROM MANDATORY GARBAGE SERVICE) WHEREAS, the City Council has amended Chapter 5.32 of the Municipal Code (Solid Waste Management) through the adoption of Ordinance No. 2 - 92; and WHEREAS, the Amendment requires residences to subscribe to a minimum level of weekly garbage collection service; and WHEREAS, the Ordinance provides for certain exemptions in the event garbage is not produced or accumulated on the property; and WHEREAS, the granting of such an exemption is subject to administrative procedures adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the attached administrative procedures for processing all exemptions requested pursuant to Section 5.32.111 of the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 10th day of February, 1992. AYES: Councilmembers Burton, Howard, Jeffery, Moffatt, and Mayor Snyder NOES: None ABSENT: None ATTEST - a: resol 5. agenda#8 CITY OF DUBLIN ADMINISTRATIVE PROCEDURES FOR EXEMPTION FROM MANDATORY GARBAGE SERVICE Section 5.32.111 Dublin Municipal Code In accordance with the Dublin Municipal Code, the following administrative procedures are adopted by Resolution of the City Council. Exemption ADDlicatiOns Attached hereto as Exhibit A is an application form for exemption from mandatory garbage service. The form used for this purpose shall substantially represent the information shown in Exhibit A. The form includes questions which are necessary to determine whether solid waste is produced or accumulated in, upon, or from such property. These forms shall be made available by the City Manager's Staff to persons requesting an exemption. II· Reference Information (Exhibit B) The application form (Exhibit A) shall include reference information such as that shown in Exhibit B. The purpose of this information is to assist the applicant, without a need to refer to the entire Solid Waste Management Ordinance. III. Inspection Required In order to verify whether the applicant qualifies for an exemption, an inspection is required. The purpose of the inspection is to verify whether the address appears to meet the qualification that solid waste is not produced. or accumulated in, upon, or from such property. The applicant shall be informed that an inspection will occur. The inspection shall be completed by City Staff. IV. Inspector Recommendation Based upon the inspection, a recommendation shall be made to the Director (City Manager/or his/her designee) by the Inspector regarding whether the address qualifies for an exemption. The Inspector shall also attach any relevant information supporting his/her recommendation. Director's Decision The Director (City Manager or his/her designee) shall make a decision based upon information in the application, the inspection report, and the criteria in the Municipal Code. Following a decision by the Director, the applicant shall be notified in writing with a Notice of Determination. Said notification shall include information on the applicant's right to appeal the decision. VI. Term of Exemption Director shall identify the term of the exemption granted. Applicant may be required to submit updated information upon expiration of the exemption or if the City becomes aware of a change in the conditions, which would no longer warrant an exemption. VII. Revocation By Director AS stated in Section 5.32.111 Dublin Municipal Code, said exemption may be revoked by the Director, in the event that the factual basis for such exemption no longer exists. Said revocation shall also be subject to the appeal process as described herein. -1- VIII.Authorization to Appeal In the event the applicant does not agree with the decision rendered by the Director, he/she may appeal the decision to the City Council in accordance with Section 1.04.050 of the Dublin Municipal Code. IX. Notice to Appellant The City Clerk shall notify the appellant in writing of the findings made by the City Council on the matter. Date Adopted: February 10, 1992 Resolution No. I 5-92 a: proc-g at. ag end a#8 2