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HomeMy WebLinkAbout6.2 MandatoryResGrbgeSrvOrd ? ." . '. CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 27, 1992 SUBJECT: Public Hearing: second Reading of Ordinance Implementing Mandatory Residential Garbage service p~ (Prepared by: Paul S. Rankin, Assistant city Manager) EXHIBITS ATTACHED: 1.~roposed Ordinance 2.~COPY of Public Hearing Notice RECOMMENDATION: ~ open Public Hearing; Receive staff Report and Public Testimony: Close Public Hearing: Deliberate; Waive the Reading and ADOPT the Ordinance. FINANCIAL STATEMENT: The minimum service level available would cost $6.65 per month, which is 81% less costly than the minimum charge for self-hauling and disposing of waste at the nearest waste collection facility. DESCRIPTION: At the meeting on January 13, 1992 the city council introduced an Ordinance which would impose mandatory residential garbage service. The concept of mandatory garbage service has been discussed previously in the context of how the city will meet waste management requirements in state Law. The state has imposed significant requirements for cities to plan for and control the volume of waste generated within a city. This was conceptually identified for the city council when the Administrative Draft Source Reduction and Recycling Element (BRRE) was presented on August 26, 1991. A public hearing was conducted on the Preliminary Draft SRRE on october 10, 1991. Following the city council meeting on January 13, 1992, Staff worked with the Garbage Company to obtain the addresses of the residential customers which do not currently have service. On Friday, January 17, 1992, notices were mailed to 422 residences. A copy of the Notice is attached as Exhibit 2. The Notice provided a detailed overview of the proposed change being considered by the city council as well as information on the time and date of the public hearing. staff will identify at the City council meeting any telephone inquiries received as a result of this notice. The following outlines the reasons for the proposed change to a mandatory service: a. AB 939 requires that the city exert greater control and document the flow of waste generated within the city. This includes calculating waste generation and diversion practices by sector. The implementation of mandatory garbage service is included in the city's preliminary Draft Source Reduction & Recycling Element. b. State law requires that the city divert 50% of the waste stream from the landfill. The city has implemented a curbside recycling program in response to this law. In order to increase diversion, it is important that the curbside recycling program be offered to each resident. Curbside recycling is included as part of the base level of service with garbage collection and disposal. c. The requirement for a minimum level of garbage service protects the public health, safety and welfare. This will also reduce incidents of illegal dumping of garbage. d. The City council has established a super Recycler rate, which provides for weekly collection of a 20 gallon container for $6.65 per month. This provides a service option for those who generate small volumes of waste. ---------------------------------~---~-------------------------------- COPIES TO: Dan Borges, LDD General Manager ITEM NO. ~ . . e. currently, delinquent accounts which cannot be recovered are written off by the company as an expense. This results in the current customers paying for delinquent accounts through the rate structure. Due to the proposed provision for the city to collect delinquent accounts on the property tax bill, this would essentially eliminate the company's expense for delinquencies. f. On occasion, city staff as well as the Garbage Company receive inquiries from residents who belive there should be a prov1s10n requiring regular service. The lack of this requirement results in a more complex enforcement requirement to assure that waste is removed on a weekly basis. county Vector Control has reported that approximately 50% of the hours of service provided to the city of DUblin are related to waste complaints. PROCESS TO BE FOLLOWED PRIOR TO RECORDING A LIEN The proposed process to enforce a mandatory garbage service is complex and it will allow the property owner ample opportunity to pay for the service. The following example assumes the recommended March 1 implementation date and demonstrates how the process will work: ComDanv Billina/provision of service The Company typically provides a single bill for three months of service. section 5.32.110 of the Municipal Code identifies that the bill is considered delinquent if not paid by the end of the second month. The proposed Ordinance would require the company to begin providing minimum service on March 1, 1992: therefore, on April 30, 1992 an unpaid bill would be considered delinquent. ComDanv ComDlaint of Non-Pavment - New Section 5.32.112 The proposed new law allows the Company to provide a final written request for payment. The notice may not be sent until 30 days after the bill became delinquent. In the scenario described where service began March 1, the final request could not be mailed until May 31, 1992. The final notice must advise the customer of the possibility of the city recording a lien on the property. The notice must allow 30 days for payment. The Company must also obtain property ownership information from the city and mail a similar notice to the property Owner. written comDlaint - New section 5.32.113 The Company may file a written complaint with the city if the bill remains unpaid 30 days following the final written notice. Under the scenario presented, the Company could present the city with a written complaint after June 30, 1992. The written complaint would need to identify information regarding the owner/tenant, the period of service, the amount due, and the steps taken by the company to secure the payment. uninterruDted Service - New Section 5.32.114 The company is required to continue with uninterrupted service, provided that the city does not fail to allow the Company to recover its expenses. At the City Council meeting on January 13, 1992, the City Council approved an amendment to the Franchise Agreement which would allow the Garbage Company to recover unpaid fees which are levied by the City council as an assessment on the property tax. Process to Levv proDertv Tax Assessment - New Section 5.32.115 The actual recording of a lien on the property can only occur after the City Council conducts a public hearing. The City must provide a notice to the property owner 10 days prior to the hearing. At the hearing, the City council shall hear objections or protests to the proposal and may make revisions or corrections to the report as it deems just. The final action by the city council shall be a resolution confirming the assessment. The assessment may include any of the City'S administrative costs incurred. These would be retained by the city and would not accrue to the Garbage Company. . . Typically, the county Assessor requires all assessments to be submitted early in the month of August. This allows for the assessment to appear on the property tax bill which would be due in two payments, the following December and April. In the scenario presented, provided the company notified the city on July 1, the city Council would need to consider the assessment at the second meeting in the month of July. It is important to understand that the City council would be considering the assessment for services rendered beginning approximately 5 months prior to the hearing, without the party paying for this service. This timeframe represents the minimum time required to process an assessment. Recommendation staff recommends that, following the public hearing, the City council waive and reading and adopt the Ordinance. PSR/lss a:L127Garb.doc.agenda#8 . . ORDINANCE - 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 .1 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. All 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 S 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. C. 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. -1- . EXHIBIT 1. . . " D. section 5.32.140 shall be amended to read as follows: 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. E. 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 Receotacles 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 st):."eet 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. 2. Section 5.32.091 Minimum subscriotion for Solid Waste Collection Reauired 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. 3. 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. 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 -2- . . .' Director that the factual basis for such exemption no longer exists. 4. Section 5.32.112 Complaint of Non-Pavment 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 bv 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 such uninterrupted service if the city fails or is unable to -3- ,~ . pay the service charges agreement. . as provided for in the franchise 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 of county ad valorem property taxes shall be applicable -4- ," . . 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 thereon, 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 day of January, 1992. AYES: NOES: ABSENT: Mayor ATTEST: city Clerk c:gargord -5- .'. .'. .......... ".... ..... .;. . . ......... ;','. . . .:. :.:':.:- :.:.' .;.;. ,,;:::,'" ;,;.;:::::~,::~::: iiii;i!i!!~;iil.li.liit'~Q~!i~i)!iiii "',"'::""::'C:"",: ..','.'.','.......'..,' :::i~',:ili~~~&ji~piJati~' "".,.,.",.,.,.""" ,:;';;::,:::::,:: '.'.','.','. .'................ '.',' ".' :-:-:-:".;:.,:::,:::.:::::::::::;:~:::::~>:::<:::::~:;::::<::::::;;:;;:;:~:~,:;:. ......................':':':.:.:.:.:-:.:.:.;.;..: .':'. .... . '.' ~.~.~ :..:.:.:.:.;.; ,........... ........ .:';.;.~...~ ....:.....:.:,.... (If you are a tenant, you should share this information with your landlord.) The city Council will consider amending the laws regulating garbage service for residential service. A public hearing will be held to obtain public input on this proposal. , .'.....-:...:..-:.',','...... . ..... ."" Wh~h i)U :~i~~:'~! ..ISLII~_1111~jli!!!r::\~'":;:u~;;L!!~..j~1 . -: -:'. -:'. :-.':':: ;.:;;;: :::~::' /:: The following summary describes some of the highlights of the proposed law. A copy of the text of the proposed law is available for review at the City Clerk's Office, 100 Civic plaza, or the Dublin Library, 7606 Amador Valley Boulevard. HOW DOES THIS PROPOSAL DIFFER FROM CURRENT REQUIREMENTS FOR REGULAR GARBAGE DISPOSAL? Residents are currently allowed to dispose of their own garbage at a licensed waste facility. The law requires that you dispose of household garbage on a weekly basis. You should not dispose of garbage in a commercial dumpster since those businesses are paying based on the volume of service. WILL THE REGULAR GARBAGE SERVICE BE EXPENSIVE? In a recent survey, the City of Dublin had among the lowest rates of any Bay Area community. Also, the City Council recently reduced the residential rates. Dublin's rates include a curbside recycling service and garbage cans are collected from next to your house, eliminating the need to place them at the curb. HOW DOES THE COST COMPARE TO HAULING MY OWN GARBAGE? The closest solid waste facility is the Pleasanton Transfer Station., If you use this facility once each week, the minimum monthly cost would be over $34 per month. The City Council recently reduced the monthly rate for collection of 32 gallon standard container to $7.90 per month. This rate is approximately 77% less than weekly use of the pleasanton Transfer Station and you would not need to take the time and effort to transport your garbage. I DO NOT CURRENTLY SUBSCRIBE BECAUSE I WOULD NOT FILL A REGULAR TRASH CAN EACH WEEK. ARE THERE ANY SERVICES OFFERED AT A REDUCED RATE? Yes, the City Council recently implemented a new class of service called the Super Recycler rate. This service provides for the weekly collection of a smaller 20 gallon container. The monthly rate is $6.65 and includes curbside recycling. (OVER) [1\\\\\\1 ~ DOES TH~ ~ LAW REQUIRE A MI~ LEVEL OF SERVICE? . Yes, the super Recycler rate is the minimum. service level, which will be required. The ordinance also provides that if additional service is required, the City will notify the Owner. The only allowance for an exemption is if the Owner can demonstrate that no solid waste is produced or accumulated on the property. The City must assure that the health, safety and public welfare concerns of the community are addressed. WHEN WOULD THIS NEW LAW TAKE EFFECT? The City Council is scheduled to conduct a public hearing on Monday, January 27, 1992. If the City Council votes to adopt the new law at that meeting, beginning March 1, 1992 each residence will need to subscribe to the service. WILL THERE BE COSTS EVEN IF I DO NOT SUBSCRIBE TO THE SERVICE? Yes, the proposed law requires that the Collector provide minimum service. The Collector typically bills for services 90 days in advance. A bill is considered delinquent after 60 days. The proposed law requires that the Garbage company send a final written request for payment. The law specifies that adequate time will be granted in this notice to make final payment. If the bill remains unpaid, the City may be requested to collect the amount owing; HOW WOULD THE CITY COLLECT DELINQUENT AMOUNTS? The proposed law identifies a procedure where the City could record a lien against the property on which the service was rendered. This lien requires a public hearing and notice to the property owner prior to imposition of the lien. If a lien is levied, it will include the amounts owed to the Company in addition to any administrative costs incurred by the City. HOW IS THE LIEN ON MY PROPERTY PAID? The lien would become an assessment on your property tax bill. WHY IS THE CITY CONSIDERING THE CHANGE? There are several reasons why the City is considering this proposal. highlights some of the more significant reasons: The following . Protection of the entire community's health, safety, and welfare suggest that regular garbage service needs to be provided. . State Law requires that the City exert greater control and document the type and amount of garbage generated in the City. . State Law requires that by the year 2000, the City must reduce the amount of garbage placed in the landfill by 50%. One step toward this requirement is the curbside recycling program which is included as part of the base level of service. . The assurance that garbage service is provided regularly to all residents should reduce the frequency of illegal dumping. WHERE CAN I GET MORE INFORMATION? If you have questions regarding this proposal, you may wish to contact the City Manager's Office at (510) 833-6650. Also a copy of the proposed law is available for review at the Dublin Library or the Dublin Civic Center. a:114garb.psr#8 (OVER)