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HomeMy WebLinkAboutItem 7.1 Mandatory Garbage Exemption Procedure CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 10, 1992 SUBJECT: Administrative Procedures for Exemptions Requested from Mandatory Garbage Service (Prepared by: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: Exhibit 1 : Section 5.32.111 of the Solid Waste Management Ordinance Exhibit 2: Proposed Resolution Exhibit 3: Excerpt from Municipal Code on Appeals (1 .04.050) Exhibit 4: Initial Notification to be provided by /� , Garbage Company RECOMMENDATION: (1 ) Review proposed procedures and provide input. (2) Adopt resolution approving procedures. FINANCIAL STATEMENT: An undetermined amount of Staff time will be involved in processing exemptions. No application fee has been proposed. DESCRIPTION: At the meeting on January 27, 1992, the City Council approved an amendment to the Solid Waste Management Ordinance, which requires regular garbage service for all residences within the City. Section 5.32. 111 of the Ordinance (Exhibit 1 ) allows for an exemption from this requirement if the owner can demonstrate that no solid waste is produced or accumulated in, upon, or from such property. The City Council is required to approve the administrative procedures to be used for granting such an exemption. Staff has prepared procedures (Exhibit 2) which outline the application to be completed by any person requesting an exemption from this Ordinance. The process will require the applicant to answer a few basic questions related to the use of the property. The procedures also provide for an inspection of the property to ascertain whether it appears to meet the qualifications for an exemption. Staff has included an appeal process to the City Council in the event that an applicant does not agree with the decision made by City Staff. The process for the appeal is contained in Chapter 1 .04 (General Provisions) of the Municipal Code. Exhibit 3 is the actual language from the Municipal Code on the process for an appeal. Staff have also worked with the Garbage Company to develop a form letter which will be provided to those who do not have service. A draft copy is attached as Exhibit 3. No additional follow-up will be required for those who proceed with the establishment of service. Staff would recommend that the City Council review the proposed procedures, provide input on the procedures, and adopt a resolution establishing the procedures. a:210mand.agenda#8 ---------------------------------------------------------------------- COPIES TO: r Dan Borges, LDD ITEM No. CITY CLERK FILE I I S / O Z D EXCERPT FROM ORDINANCE NO. 2-92 AMENDING THE SOLID WASTE MANAGEMENT ORDINANCE 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 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 . A:excr2-92.agenda#8 EXHIBIT i RESOLUTION NO. - 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: NOES : ABSENT: Mayor ATTEST: City Clerk a:resomand.agenda#8 EXHIBIT � 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. I . Exemption Applications 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. V. 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: Resolution No. a:proc-gar.agenda#8 -2- LTY B D BLT C 0 U ......:......:. . . APPhT.CATION: FOR;EXEMP:TION PROW MMATORY<::GARBAGE::SERVICE..::::: Property Address: Dublin, CA 94568 Name of Applicant: Applicant's Address (If Different from Above) : Phone Number: Name of Property Owner (If Different from Applicant) Address: Phone Number: CERTIFICATION: (All Applicants Please Read Carefully) I am submitting this application to demonstrate that no solid waste is produced or accumulated in, upon, or from the property identified above. I have had an opportunity to review the applicable sections of this law on the reverse side of this form and I believe that this property can legally be exempted from regular garbage service. In order to assist the City in processing my application, I certify that the following answers are true and correct: 1 . Is the house vacant? Yes No If yes, on what date did the house become vacant? 2. if vacant, is there a scheduled date when you anticipate the house will be occupied. Yes No Date 3. Is regular mail service provided to this address? Yes No 4. Is food prepared or eaten at this residence? Yes No 5. If occupied, how many persons (including children) reside at this address? 6. Do any pets (i.e. dog, etc) reside at this address Yes No If yes, list type 7. How is garbage currently disposed of? 8. How is landscaping debris disposed of? 9. Additional documentation/documents (o :::.. . ...:::::. ... ::.:....... NOTE::::::::: ..YOU WILL .BE::;CONTACTED :TO:;:SCHEDULE:::.A . .:INS:PECTION ' ... ... .. ........... .::`:; PRTOR TO FINAI;: ACTION..:;ON...YO.UR::APPLICATT.QN. I hereby certify under penalty of perjury that the foregoing information is true and correct. Applicant Signature Date (OFFICE USE ONLY) Date Application Received Date of Inspection By: Inspector Recommendation Approve/Disapprove Initial Final Action (Director): Approve/Disapprove By: Date: Applicant Notified: Date a:exmpappl.agenda/18 (OVER) � �1 �p 1. CITY OF DUBLIN MANDATORY GARBAGE SERVICE REFERENCE INFORMATION REGARDING EXEMPTIONS The Dublin Municipal Code requires all dwelling units within 15 days of occupancy to obtain garbage service from Livermore Dublin Disposal ( 447- 1300 ) . A minimum service level has been established for this purpose. This law assists the City in protecting the health, safety, and welfare of our neighborhoods. Who Qualifies for an Exemption? (Section 5 . 32 . 111 Dublin Municipal Code) allows for an exemption in the event that no solid waste is produced or accumulated in, upon, or from such property. Residents who believe they may qualify for an exemption need to complete and submit the Application Form on the back of this page. Who Determines if an Application is Approved? The City Manager' s Office will review applications and make a determination on whether an exemption is allowed under the law. An inspection will need to be completed to verify the status of the property. Is the Decision by the City Staff Final? No. In the event that your request for an exemption is denied, you will be informed regarding the appeal process . All appeals will be heard by the City Council at a public meeting. What is the Minimum Service Level? The minimum service level provides for weekly collection of a 20 gallon container plus curbside recycling. For information on the current rate, you may contact Livermore Dublin Disposal at 447-1300, and ask for Dublin' s Super Recycler Rate. Definition of Solid Waste: (Section 5 . 32 . 040 Dublin Municipal Code) means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, refuse, paper rubbish, ashes, industrial or commercial wastes, demolition and construction wastes, discarded home and industrial appliances, animal solid and semi-solid wastes other than fecal matter, vegetable wastes, but does not include hazardous waste, . . . sewage or abandoned vehicles . Can an Occupant Do their own Recycling: Section 5 . 32 . 150 ( 2 ) of the Dublin Municipal Code allows an Owner or Occupant to transport to a recycling facility, recyclable materials generated by a single residential unit. The material must be source-separated and contain no putrescible matter (garbage) and be untainted by putrescible matter. a:excpgarb.agenda# ................................................................................................................................................................................................ IF YOU BELIEVE THAT YOU QUALITY FOR AN;EXEMPTTON, !PLEASE FILL ..OUT THE :APPLICATION ON>:.THE OTHER SIDE RETURN COMPLETED APPLICATION TO THE CITY MANAGER'S OFFICE, 100 CIVIC PLAZA, DUBLIN, CA 94568 ?I eso Vicaft EXHIBIT 1.04.050 Appeal to City Manager or City Council. A. Any person excepting to the denial,suspension or revocation of a per- mit or license applied for or held by him pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city pursuant to any of the provisions of this code may appeal to the City Manager or City Coun- cil, as the case may be, when the right to appeal is specifically so provided in this code by reference to this section, by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof. B. Notice of such appeal shall be filed with the City Clerk within fourteen (14) calendar days after the date written notice of such action appealed from was mailed or personally delivered to the appellant, but in no event later than twenty (20) calendar days after the date of such action. C. The City Clerk shall forthwith set a date for hearing before either the City Council or City Manager,as the case may be, and shall give the appellant at least five (5) calendar days' notice of the time and place of said hearing. D. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved.The City Manager or City Council,as the case may be, may continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the mat- ter. (Ord. 21-86 § 7; Ord. 13 § I (part), 1982) EXHIBIT Z "�"�'^r"'�K��l�1�.w Yr-'i�we[r�sc °__ __ _ "a�kB li�.•'�ItrBAV•• •.�.-w` i:�mz"��aaia'adi � DRAFT Ttax-r =RL.. go-rzce �7® � 9. mA="S:V� % 0=0. b e, RE: Notice of Requirement To Establish Minimum Garbage Service Address: Date of Notice: Dear Dublin Resident/Property Owner: The City of Dublin has a law requiring all residences to obtain minimum garbage service. Our records indicate that you do not currently subscribe to regular garbage service. Garbage Service and billing for the above address shall commence on: Exemption The law allows for limited exemptions. You must be able to demonstrate that no garbage is produced or accumulated in, upon, or from such property. In order to claim an exemption, you must obtain an application from the City of Dublin. For more information, please contact the City Managers Office at 833-6650. Minimum Service If you do not qualify for an exemption, you are required to subscribe to at least minimum service. You are also responsible for providing adequate and approved container(s) . Please note that the minimum service is based on a 20 gallon container. This is smaller than the standard 32 gallon container. The minimum service level is referred to as the "Super Recycler Service." The service includes weekly collection of a 20 gallon container. Curbside recycling collection is also provided. The recycling program accepts tin cans, glass jars, and other items which are not easy to redeem at local recycling centers. WHO TO CONTACT Garbage Service To make arrangements for garbage service or if you have questions regarding the services offered, please contact: LIVERMORE DUBLIN DISPOSAL 447-1300 City of Dublin Requirements If you have questions regarding the requirement for weekly garbage service, or in the event that the unit is vacant or you believe that you may qualify for an exemption, please contact: CITY OF DUBLIN, OFFICE OF CITY MANAGER 833-6650 Your cooperation in maintaining the Dublin community is appreciated. Livermore Dublin Disposal 6175 S. Front Road Livermore, CA 94550 IBIT (510) 447-1300 EAH copies to: City of Dublin a:24mand.psr#9